Original scientific paper
The EPPO and Judicial Review of a Decision Not to Prosecute: A Slippery Area or a Final Arrangement?
Ante Novokmet
orcid.org/0000-0001-8833-9751
; Faculty of Law Osijek, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia
Abstract
This paper examines the issue of judicial review of the decision to dismiss a case as envisaged in the Regulation on implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office. In this respect, the institutional framework of the EPPO and the procedure for judicial review of a decision not to prosecute is examined through comparative analyses of the Commission’s proposal of 2013 and the finally adopted text in the Regulation considering both theoretical and practical implications. Then, attention is drawn to the new mandate for the Permanent Chamber to dismiss a case, analysing the justification for lifting that decision at the EU level and considering the legal consequences that result from it. Finally, the real potential for the CJEU to review a decision to dismiss a case is scrutinised through an in-depth examination of the current normative framework of the Regulation and the TFEU, offering possible solutions to simplify and accelerate the proceedings before the CJEU.
Keywords
European Public Prosecutor’s Office; pre-trial proceedings; decision not to prosecute; Permanent Chamber; judicial review; Court of Justice of the European Union
Hrčak ID:
244911
URI
Publication date:
15.10.2020.
Visits: 1.198 *