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Professional paper

A Short Overview of Some Challenging Issues Regarding the Successful Functioning of the EPPO

Gordana Lažetić ; Faculty of Law Iustinianus Primus Skopje, University Ss. Cyril and Methodius, Skopje, North Macedonia

Fulltext: english, pdf (347 KB) pages 187-208 downloads: 42* cite
APA 6th Edition
Lažetić, G. (2020). A Short Overview of Some Challenging Issues Regarding the Successful Functioning of the EPPO. Hrvatski ljetopis za kaznene znanosti i praksu, 27 (1), 187-208. Retrieved from https://hrcak.srce.hr/244915
MLA 8th Edition
Lažetić, Gordana. "A Short Overview of Some Challenging Issues Regarding the Successful Functioning of the EPPO." Hrvatski ljetopis za kaznene znanosti i praksu, vol. 27, no. 1, 2020, pp. 187-208. https://hrcak.srce.hr/244915. Accessed 10 May 2021.
Chicago 17th Edition
Lažetić, Gordana. "A Short Overview of Some Challenging Issues Regarding the Successful Functioning of the EPPO." Hrvatski ljetopis za kaznene znanosti i praksu 27, no. 1 (2020): 187-208. https://hrcak.srce.hr/244915
Harvard
Lažetić, G. (2020). 'A Short Overview of Some Challenging Issues Regarding the Successful Functioning of the EPPO', Hrvatski ljetopis za kaznene znanosti i praksu, 27(1), pp. 187-208. Available at: https://hrcak.srce.hr/244915 (Accessed 10 May 2021)
Vancouver
Lažetić G. A Short Overview of Some Challenging Issues Regarding the Successful Functioning of the EPPO. Hrvatski ljetopis za kaznene znanosti i praksu [Internet]. 2020 [cited 2021 May 10];27(1):187-208. Available from: https://hrcak.srce.hr/244915
IEEE
G. Lažetić, "A Short Overview of Some Challenging Issues Regarding the Successful Functioning of the EPPO", Hrvatski ljetopis za kaznene znanosti i praksu, vol.27, no. 1, pp. 187-208, 2020. [Online]. Available: https://hrcak.srce.hr/244915. [Accessed: 10 May 2021]

Abstracts
The EPPO is a kind of hybrid authority with cumulative competences
encompassing investigative and prosecutorial functions. The concept of the EPPO has reactualised the locus regit actum principle. The applicable national law is the law of the MS whose European Delegated Prosecutor is handling the case. National law will apply to the extent that a matter is not regulated by the EPPO Regulation, and, in the case where a matter is governed by both national law and the EPPO Regulation, the latter will prevail. The way of determining the national law and the possibilities of applying one national law during the investigation and another during the trial makes it hard for citizens to foresee the consequences of the proceedings, which means that this may be considered unfair and in contradiction with the equality of arms principle. Regarding the principles for cooperation, outside the EU, cooperation is based on the principle of mutual legal assistance, and, inside the EU and linked with the EPPO, cooperation is based on the principle of sincere cooperation, as the key principle of general application in the EU legal order. Having in mind that admissibility rules are closely connected with the legality of gathered evidence and exclusionary rules, this is an issue that raises concerns since there are huge differences between the legal systems of participating MSs, non-participating MSs (NPMSs), and third countries. The need for judicial review of the EPPO’s procedural acts is commonly deemed necessary, but there is no accepted model, either regarding the scope of judicial review, or the EPPO’s autonomous powers. Having in mind differences in national legislations, the dilemma of whether decisions to open, conduct or close a criminal investigation fall within the discretion of the EPPO or whether they are related to human rights and are subject to judicial review presents itself as a stumbling block. It is also necessary to amend and adjust national legislation regarding the prosecution office, and court competences and codes of criminal procedure as preconditions for the successful integration of the EPPO into national criminal justice systems.

Keywords
EPPO; investigative and prosecutorial competences; judicial review; human rights; the European Court of Human Rights (ECtHR); sincere cooperation; admissibility of evidence; exclusionary rules

Hrčak ID: 244915

URI
https://hrcak.srce.hr/244915

[croatian]

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