House Of Lords European Union Committee Subsidiarity Assessment The European Public Prosecutors Office Hl 65
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| Author | : Great Britain: Parliament: House of Lords: European Union Committee |
| Publisher | : The Stationery Office |
| Total Pages | : 12 |
| Release | : 2013-10-24 |
| Genre | : Business & Economics |
| ISBN | : 9780108551413 |
As the Committee highlighted in its report The Fight Against Fraud on the EU's Finances it is difficult to estimate the extent of fraud committed against the EU budget. That report suggested that the figure could be 5 billion euro per year or more. For the purposes of its Impact Assessment the Commission has conservatively assumed that about 3 billion euro per year could be at risk through fraud. These are significant amounts, and both Member States and the EU as a whole have a strong interest in reducing the level EU fraud. In broad terms, the Commission's proposed response to this level of fraud is to establish the European Public Prosecutor's Office (EPPO) as an EU body with exclusive power to investigate and prosecute a broad range of criminal offences affecting the financial interests of the Union and inextricably linked offences, able to call upon the resources of national authorities. This would create a very significant and disruptive incursion into the sensitive criminal law systems of the Member States. The House of Lords considers that such action at EU level would breach the principle of subsidiarity in that it is unnecessary, excessive and insufficiently justified by the Commission. It considers that the objective of countering fraud affecting the financial interests of the Union can best be achieved by action by the Member States within the existing framework for co-ordination and cooperation. This framework is capable, if necessary, of being strengthened to meet this objective effectively
| Author | : Willem Geelhoed |
| Publisher | : Springer |
| Total Pages | : 198 |
| Release | : 2017-12-19 |
| Genre | : Law |
| ISBN | : 9462652163 |
This book provides answers to the following questions. Is there a bright future aheadfor a European Public Prosecutor’s Office? If so, is the regulation establishing the officesufficiently clear and balanced to attain that goal? Moreover, will the office be able toeffectively fight fraud now damaging the EU's budget and will it respect the fundamentalrights of the parties involved? Included are issues ranging from EU substantive and procedural criminal law, combattingEU fraud, the distribution of competences in European law enforcement,EU fundamental rights, to forum choice. The book's aim is to inform academics,policy-makers and criminal law practitioners about key issues surrounding theattribution of prosecutorial powers to an entirely remodelled European Union body. Indoing so, it sheds light on this body, as fundamentally changed by the Council, whichwill undoubtedly have a greater impact on the European criminal justice system thanthe European Arrest Warrant ever did. Dr. Willem Geelhoed is Assistant Professor in criminal law and criminal procedureat the University of Groningen, The Netherlands, and Drs. Leendert H. Erkelensand Prof. Mr. Arjen W.H. Meij are both Visiting Research Fellow at the T.M.C. AsserInstituut in The Hague in The Netherlands, while the latter is also Honorary Professorat the University of Luxembourg.
| Author | : Great Britain. Parliament. House of Lords. European Union Committee |
| Publisher | : The Stationery Office |
| Total Pages | : 72 |
| Release | : 2015 |
| Genre | : |
| ISBN | : 0108558029 |
| Author | : Valsamis Mitsilegas |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 356 |
| Release | : 2016-06-30 |
| Genre | : Law |
| ISBN | : 1782259880 |
This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor's Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant System) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK participation in Europe's area of criminal justice and the feasibility of a Europe à-la-carte in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core.
| Author | : Great Britain: Parliament: House of Lords: European Union Committee |
| Publisher | : The Stationery Office |
| Total Pages | : 72 |
| Release | : 2014-07 |
| Genre | : Business & Economics |
| ISBN | : 0108554643 |
This report provides an overview of the work of the European Union Committee in session 2013-14. It highlights some of the key policies examined through scrutiny work and inquiries, reflects on the Committee's work with the EU institutions and other national parliaments, and gives a forward look at the work being undertaken in session 2014-15.
| Author | : Valsamis Mitsilegas |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 805 |
| Release | : 2022-05-05 |
| Genre | : Law |
| ISBN | : 1509904174 |
This is the second edition of EU Criminal Law, which has become since its publication in 2009 a key point of reference in the field. The second edition is updated and substantially expanded, to take into account the significant growth of EU criminal law as a distinct legal field and the impact of the entry into force of the Lisbon Treaty on European integration in criminal matters. The book offers a holistic and in-depth analysis of the key elements of European integration in criminal matters, including EU powers and competence to criminalise, the evolution of judicial co-operation under the principles of mutual recognition and mutual trust, EU action in the field of criminal procedure including legislation on the rights of the defendant and the victim, the evolving role of European bodies and agencies (such as Europol, Eurojust and the European Public Prosecutor's Office) in European criminal law, and the development of EU-wide surveillance and data gathering and exchange mechanisms. Several chapters are devoted to the external dimension of EU action in criminal matters (including transatlantic counter-terrorism cooperation and the impact of Brexit on EU Criminal Law) Throughout the volume, the constitutional and fundamental rights implications of European integration in criminal matters are highlighted. Covering all the key principles of EU law, with clear explanation and rigorous analysis, this will give scholars, students, policy makers and legal practitioners interested in the subject a strong understanding of this fascinating but sometimes complex field.
| Author | : Great Britain: Parliament: House of Lords: European Union Committee |
| Publisher | : The Stationery Office |
| Total Pages | : 72 |
| Release | : 2014-04-14 |
| Genre | : Business & Economics |
| ISBN | : 0108554457 |
Review of the Stockholm Programme (2010-2014) and recommendations for the successor JHA programme.
| Author | : Great Britain: Parliament: House of Lords: European Union Committee |
| Publisher | : The Stationery Office |
| Total Pages | : 182 |
| Release | : 2007-05-25 |
| Genre | : Law |
| ISBN | : 9780104010686 |
Missing Trader Intra-Community Fraud (also known as carousel fraud), where goods are repeatedly exported and imported with the EU, has caused a considerable loss of revenue In 2005/6 it is estimated the UK lost between £3-4.5 billion. This report looks both at some of the measure that have been taken to recoup some of this money and measures to stop fraud occurring. In addition it considers whether the Government's policies have imposed an unreasonable burden upon legitimate businesses within affected sectors. It concludes that not only are existing measures unsustainable, steps need to be taken to ensure innocent traders are not damaged. The government needs to work with Member States to implement a system of taxation of intra-Community transactions that will be less vulnerable to major fraud.
| Author | : Leendert H. Erkelens |
| Publisher | : T.M.C. Asser Press |
| Total Pages | : 0 |
| Release | : 2014-09-29 |
| Genre | : Law |
| ISBN | : 9789462650343 |
In 2013 the European Commission launched its legislative proposal to create a European Public Prosecutor’s Office. The proposal provoked fierce debates, politically as well as on the academic level. Many national parliaments opposed and submitted formally their grievances to the Commission. Negotiations on the proposal between Member States are still ongoing. The T.M.C. Asser Instituut held the first international conference on this unprecedented proposal. This book reflects the main results of that conference. It provides a concise background of and reasoning for the introduction of this new EU body entrusted with far reaching judicial powers disclosing important legal and policy implications. Within its hitherto limited scope the existing system of judicial cooperation between EU Member States will change fundamentally, directly affecting the functioning of national courts and public prosecutions offices. How will this evolve? This book will help answering fundamental questions involved.
| Author | : Adam Cygan |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 270 |
| Release | : 2013 |
| Genre | : Political Science |
| ISBN | : 1782548653 |
It was a great pleasure to find such a rich analysis of the role of national parliaments in the EU. What I particularly like - and what proves to be particularly fruitful is the combination of perspectives; the EU law and national constitutional perspective including a comparative dimension, the perspective that explains the role of national parliaments in the EU from past to present (and even near future) and last but not least, the perspective of the interaction between the legal frameworks and the political reality. There is every reason to congratulate Adam Cygan wholeheartedly on this book. Ton Van Den Brink, Europa Instituut Utrecht, The Netherlands One of the most outstanding specialists on the role of national parliaments in the EU has produced another impressive book about this dynamic topic. It provides an illuminating overview of current practices, it sharply analyses the legal status quo, and it brings theoretical depth to the topic in multiple perspectives. Olaf Tans, Amsterdam University College, The Netherlands This accessible and detailed book takes an interdisciplinary approach in exploring the position of national parliaments in the EU polity and in particular their position within the EU governance framework. Adam Cygan analyses the impact of subsidiarity monitoring upon national parliaments and to what extent this provides new opportunities for national parliaments to be engaged in, and exert influence over, the EU legislative process. While the post-Lisbon position of national parliaments may have improved, this book questions whether national parliaments can really be considered as central actors in EU affairs. The author also queries whether subsidiarity monitoring has the capacity to create a collective bloc of horizontal actors which exert effective accountability over the EU legislative process. Accountability, Parliamentarism and Transparency in the EU will strongly appeal to academics, parliamentarians/parliamentary officials working in EU affairs, as well as EU civil servants.
