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"European Public Prosecutor's Office: Comparative Analysis with Particular National Prosecution Systems"
Široký, Filip ; Tomášek, Michal (advisor) ; Gřivna, Tomáš (referee)
The European Public Prosecutor's Office: Comparative Analysis with particular National Prosecution Systems Abstract: The European Public Prosecutor's Office provides not only a major breakthrough in the framework of European Criminal Law, but a revolutionary concept as a first cross-national prosecution system as well, including the non-European jurisdictions. Taking into account how sensitive is the matter of convergence of European Criminal Law for the Member States, as well as their endeavour to preserve sovereignty with regard to criminal policies, it is obvious, that there was not (and still is not) any agreement regarding the form, or even mere existence, of the EPPO. In my opinion, for the purposes of the EPPO's efficiency assessment, as well as alternatives of its particular aspects, it is most suitable to compare it with other existing prosecutions systems in chosen developed countries. Germany, France, USA and Japan were chosen as those countries, pursuant to the criteria of both Anglo-American and continental legal systems representation, the countries' GDP, geopolitical significance, the development of their legal systems in history, and the type of political establishment. In the first part of my thesis, I focus on analysing the aspects of the new office, its historical background and position...
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Criminal sanctions of acts against the financial interests of the European Union
Sotolářová, Daniella Sarah ; Pelc, Vladimír (referee)
Criminal sanctions of acts against the financial interests of the European Union. Daniella Sarah Sotolářová Summary The ongoing integration of the European Union - and the related extension of the powers of its bodies and closer cooperation between the Member States in many areas - brings about various new challenges and urges many subjects to deal with issues yet unresolved. This also applies to the field of criminal law and to the subjects active in criminal matters. A substantial progress has been made recently at the European Union level on the way towards the harmonization of certain criminal law standards and major steps have been taken leading to the reform of the system of the institutions and bodies active in criminal matters which include criminal offences against these standards. These harmonization and reform steps have reached furthest in the area of criminal law protection of the financial interests of the European Union against acts of a fraudulent nature. However, not everything has been achieved completely in the rapid development. It still remains open - and undefined - what really belongs among those protected financial interests of the European Union. Its normative efforts came up with the concept of criminal offences of a fraudulent nature substantially exceeding the framework of what...
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Criminal sanctions of acts against the financial interests of the European Union
Sotolářová, Daniella Sarah ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
Criminal sanctions of acts against the financial interests of the European Union. Daniella Sarah Sotolářová Summary The ongoing integration of the European Union - and the related extension of the powers of its bodies and closer cooperation between the Member States in many areas - brings about various new challenges and urges many subjects to deal with issues yet unresolved. This also applies to the field of criminal law and to the subjects active in criminal matters. A substantial progress has been made recently at the European Union level on the way towards the harmonization of certain criminal law standards and major steps have been taken leading to the reform of the system of the institutions and bodies active in criminal matters which include criminal offences against these standards. These harmonization and reform steps have reached furthest in the area of criminal law protection of the financial interests of the European Union against acts of a fraudulent nature. However, not everything has been achieved completely in the rapid development. It still remains open - and undefined - what really belongs among those protected financial interests of the European Union. Its normative efforts came up with the concept of criminal offences of a fraudulent nature substantially exceeding the framework of what...
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European Public Prosecutor's Office
Hendrych, Lukáš ; Šelleng, Dalibor (referee)
European Public Prosecutor's Office, abstract The European Public Prosecutor's Office (EPPO) has been so far the most ambitious project in the field of Europeanization of criminal law. Criminal law has traditionally been an area where the member states of the European Union are strictly guarding their sovereignty and they are very reluctant when it comes to its harmonization or perhaps unification. This is also the reason why it is important to closely focus on this newly created institution. This is the very first time the EU member states established a body with a competence to investigate and prosecute crimes across countries regardless of national borders. According to the adopted legal framework, the European Chief Prosecutor located in Luxembourg is to focus primarily on crimes affecting the EU's financial interests. The EPPO is to investigate and prosecute these crimes and to represent public prosecution before national courts. The greatest added value of the EPPO should be its independence from national public prosecutor's offices in member states. Independence, expertise, and a cross-border competence should save dozens to hundreds of billions of Euros to the EU's - and nationals - budgets. These amounts of money are being lost every year due to cross-border financial crimes, mainly due to subsidy...
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European Public Prosecutor's Office
Hendrych, Lukáš ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
European Public Prosecutor's Office, abstract The European Public Prosecutor's Office (EPPO) has been so far the most ambitious project in the field of Europeanization of criminal law. Criminal law has traditionally been an area where the member states of the European Union are strictly guarding their sovereignty and they are very reluctant when it comes to its harmonization or perhaps unification. This is also the reason why it is important to closely focus on this newly created institution. This is the very first time the EU member states established a body with a competence to investigate and prosecute crimes across countries regardless of national borders. According to the adopted legal framework, the European Chief Prosecutor located in Luxembourg is to focus primarily on crimes affecting the EU's financial interests. The EPPO is to investigate and prosecute these crimes and to represent public prosecution before national courts. The greatest added value of the EPPO should be its independence from national public prosecutor's offices in member states. Independence, expertise, and a cross-border competence should save dozens to hundreds of billions of Euros to the EU's - and nationals - budgets. These amounts of money are being lost every year due to cross-border financial crimes, mainly due to subsidy...
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European Public Prosecutor's Office
Brabcová, Anna ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
- European Public Prosecutor's Office In my rigorous thesis I deal with the issue of the European Public Prosecutor's Office. This project is unique in the field of European criminal law, it is very problematic but to certain extant necessary, when the current course of the EU is taken into account. Efforts to establish the European Public Prosecutor's Office have been observed since the first half of the 1990s. It was necessary to subordinate and adapt not only the political will to the establishment of the European Public Prosecutor's Office but also the broad legislative environment and the relevant legal basis. Similarly, the path to adopt a legislative proposal was difficult. Although the European Commission presented a comprehensive legislative package regarding the protection of financial interests in 2013, demanding character of the project of the European Public Prosecutor's Office is confirmed by 4-years lasting negotiations. Finally, twenty member states of the European Union adopted the Council Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office in October 2017. The main goal of my rigorous thesis is to provide with a comprehensive analysis of the project of the European Public Prosecutor's Office from a historical...
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