Egyes büntető eljárásjogi kérdések az Európai Ügyészség jövőbeni működésével kapcsolatban
In the past decade, one of the most controversial issues regarding the development of the European Union has been the establishment of the European Public Prosecutor’s Office (EPPO), an EU body meant to investigate crimes committed against the financial interests of the Union. With the Council’s reg...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
2021
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| Sorozat: | Acta Universitatis Szegediensis : forum : publicationes discipulorum iurisprudentiae
3 |
| Kulcsszavak: | Büntető eljárásjog |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/74519 |
| Tartalmi kivonat: | In the past decade, one of the most controversial issues regarding the development of the European Union has been the establishment of the European Public Prosecutor’s Office (EPPO), an EU body meant to investigate crimes committed against the financial interests of the Union. With the Council’s regulation in 2017, the establishment of the EPPO became certain, paving the way for the EU into the criminal procedures of the member states – however, only in the form of enhanced cooperation, meaning not every state would take part in its operation. All the conflicting opinions and positions around the EPPO, and the role and significance of its establishment in the process of European integration incited me to research how, with what goals and with what regulations would the EPPO start its work. In my paper I first examined the history of the Office, and the compromises that both the EU and the member states were willing to make and thus explaining why the Regulation established the body the way it did. After this, I tried to find an answer whether the EU finally finished its long „conquest” of ius puniendi and if it has thus become a real actor in the criminal procedures of member states. Examining the Regulation, and comparing it to the current system of criminal cooperation and to state practices I tried to prove that the EPPO is truly more capable to investigate the crimes under its competence than member state prosecutions could ever be. However, the Regulation is not perfect – after identifying two major problems, namely the possibility of forum shopping and the lack of harmonisation concerning the protection of fundamental rights in the EPPO’s procedures, I proposed possible solutions to tackle these issues. Finally, while Hungary currently does not wish to join the EPPO, I considered what fundamental changes would be necessary in the Hungarian Criminal Procedural Code to make it fit for the procedures of the new EU body. |
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| Terjedelem/Fizikai jellemzők: | 621-652 |
| ISSN: | 2560-2802 |