The Potential of and the Pitfalls for a European Public Prosecutor?

Staff Research Seminar: Dr Marianne Wade

Abstract:

At the end of May the European Commission issued a communication on criminal justice initiating a discussion to lead to a proposal that a European Public Prosecutor's office be formed. This idea has been the subject of controversial discussion for over a decade but the debate was lent new impetus by the Treaty of Lisbon which introduced a legal basis for such an office into the Treaties.

Against this background this paper presents the central findings of an empirical study designed to illuminate this debate alongside key points debated within it. Prosecutors and defence lawyers in 17 member states and one candidate country as well as practitioners working in supra-national institutions were interviewed as to the criminal phenomena they are facing, what problems they face in dealing with crimes against the EU as well as specific trans-national crimes (human trafficking, drug smuggling and corruption) and the kinds of further development (if any) they regard as necessary to facilitate effective criminal justice in such cases.

This paper will focus upon the major arguments which may be presented to demonstrate a need for a European public prosecutor as well as serious concerns related to any such development illustrated by the study.

Discussant: Professor Andrew Sanders

• Staff Research Seminars take place at 1pm in the Senior or Junior Common Room, Birmingham Law School
• A sandwich lunch and a glass of wine will be provided from 12:30 pm
• Postgraduate students and academic staff are welcome to attend.