The European Parliament adopted by 487 votes to 165,
with 33 abstentions, a resolution on the
proposal for a Council regulation on the establishment of the
European Public Prosecutors Office (EPPO).
Parliament confirmed the content of its previous
interim report, adopted in its resolution of 12 March 2014
while reaffirming its determination to achieve the priorities
necessary to the establishment of the European Prosecutor, as well
as to set the principles and the conditions that determine its
approval. It called on the Council to ensure transparency
and democratic legitimacy by keeping the Parliament fully
informed and consulting it regularly. Members called on the Council to ensure
transparency and democratic legitimacy by keeping Parliament
fully informed and regularly consulting it.
Members endorsed the establishment of a
single, strong, independent EPPO that is able to
investigate, prosecute and bring to court the perpetrators of
criminal offences affecting the Unions financial interests.
They recalled that that the relevant criminal offences are to be
set out in the proposed Directive on the fight against fraud to the Union's
financial interests by means of criminal law. The Council was invited to
renew its efforts to find agreement on the latter for the
establishment of the EPPO.
The main recommendations presented to the
Council are as follows:
An independent European Public
Prosecutors Office:
- the EPPO should be fully
independent of national governments and the EU institution and
protected from political influence and pressures; the selection and appointment procedures should be
objective and transparent;
- the European Prosecutors should be appointed by the
Council and Parliament by common accord on the basis of a shortlist
drawn up by the Commission, following an evaluation by an
independent panel of experts chosen from among judges, prosecutors
and lawyers of recognised competence.
A clear division of jurisdiction between the
EPPO and national authorities:
- the EPPO should first decide whether it has competence
and before national authorities initiate their own investigations,
in order to avoid parallel investigations which are
inefficient;
- the national authorities that carry out investigations
of offences which may fall under the competence of the EPPO should
be obliged to inform it of any such investigations;
- the powers of the EPPO should extend to offences other
than those affecting the Unions financial interests on
certain conditions.
An efficient structure for the effective
management of cases:
- Members find it regrettable that the option of a
collegiate structure is being considered by the Member States,
instead of the hierarchical one initially proposed by the
Commission;
- the Chambers should play a leading role in
investigations and prosecutions and supervise the work of the
European Delegated Prosecutors in the field; the system for
allocating cases among the Chambers should follow predetermined and
objective criteria.
Investigative measures and admissibility of
evidence:
- the legislator should guarantee streamlined
procedures for the EPPO to obtain authorisation for
investigative measures in cross-border cases, in accordance with
the law of the Member States comcerned;
- the Council should ensure the admissibility of
the evidence gathered by the EPPO with full respect for the
relevant European and national legislation across the
Union;
- EPPO should seek out all relevant evidence,
whether inculpatory or exculpatory; suspects or accused persons in
any investigation undertaken by the EPPO should be granted certain
rights concerning evidence;
- the principle of ne bis in idem should
be respected with regard to prosecutions involving offences which
fall under the competence of the EPPO.
Coherent legal protection for suspects or
accused persons:
- the new Office should carry out its activities
with full respect for the rights of suspects or accused
persons which are enshrined in Article 6 TEU, Article 16 TFEU and
the Charter of Fundamental Rights of the European
Union;
- effective access to legal
aid in accordance
with the relevant national laws;
- any specific provisions on data
protection contained in the Council regulation on the
establishment of the EPPO may only complement and further elaborate
the provisions contained in Regulation 2001/45, and only to the
extent that it is necessary.
Parliament urged the Council to follow these
recommendations and underlined the fact that the aforementioned
conditions are essential for Parliament to give its consent to the
Councils draft regulation.