Toward a Prosecutor for the European Union: A Comparative Analysis, Volume 1
Katalin Ligeti - Hart Publishing, 2012
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In an era in which the EU's influence in
criminal law matters has expanded rapidly, attention has recently turned to the
possible creation of a European Public Prosecutor's Office. This first volume
(of a two volume work) presents the results of a study carried out by a group of
European criminal law experts in 2010/2011 - with the financial support of the
EU Commission - whose aims were to examine current public prosecution systems in
the EU Member States and to scrutinize proposals for a new European office.
Toward a Prosecutor for the European Union: Volume 1 begins with thorough
descriptions of 24 different national legal systems of investigation and
prosecution, addressing a range of evidential and procedural safeguards. These
will serve as a point of reference for all future research on public
prosecutors. The book also contains a series of cross-cutting studies of the key
issues which will inform debates about the creation of a European Public
Prosecutor愀 Office, including studies of vertical cooperation in administrative
investigations in subsidy and competition cases, the accession of the EU to the
European Convention on Human Rights, judicial control in cooperation in criminal
matters, mutual recognition, and decentralized enforcement of European
competition law. This work will be a comprehensive reference point for
comparative criminal law scholars. [The second volume - scheduled to be
published in 2013 - will present a draft set of model rules for the procedure of
the European Public Prosecutors' Office and will continue with a set of
comparative studies of the national legal systems which cover the gathering of
evidence, seizure of assets, arrests, tracking and tracing, prosecution
measures, procedural safeguards, the presumption of innocence and the right to
silence, access to the file and victim reconciliation. It will conclude with the
final report summarizing the findings of the group and reporting on the
prospects for the proposed reform.]