When the European Commissioner for Justice, Věra Jourová, arrived at the Justice Ministers’ meeting on Thursday 12 October in Luxembourg, she declared that this was “an historic day for the EU and its taxpayers”. The meeting included the adoption of the regulation setting up the European Prosecutor’s Office. This new body will be in charge of tackling fraud against European funds and VAT in its cross-border dimensions and is expected to be operational by 2020.
Although only 20 member states wanted to take part in this strengthened cooperation (Germany, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Greece, Italy, Latvia, Lithuania, Luxembourg, Portugal, Romania, Slovakia, Spain and Slovenia), Commissioner Jourová presented the next stages of implementation and emphasised that the doors of the European Prosecutor’s Office are not closed.
It should be pointed out that the Prosecutor’s Office will include: a central level with the European Prosecutor assisted by two deputies, to whom 115 people will be transferred and who will be responsible for the supervision, management and monitoring of all investigations and pursuits; a decentralised level, made up of the delegated European prosecutors delegated from participating member states and who will be responsible for investigations on the ground. In 2018, a number of measures will be adopted and the appointment of the European Prosecutor is expected in 2019, explained Ms Jourová.
During the course of this meeting, Justice Ministers returned to the difficulties encountered over the five years of negotiations, which led to the creation of the new body. They also tackled the question of a future extension of its competencies to other serious offences such as terrorist crimes. Announced by the President of the European Commission, Jean-Claude Juncker, during his speech on the state of the union (see EUROPE 11861), the idea was greeted favourably by a majority of member states, including France, Italy, Greece and Spain. This question will also be tackled next year in a Commission communication on a possible extension of the Prosecutor’s Office for the period leading up to 2025.
The Portuguese minister, Francisca Van Dunem, indicated that, “What is being implemented now is both an experience and challenge for all”. According to the latter, they definitely need to open up other possibilities but first of all need to focus on the efficient introduction of the Prosecutor’s Office, particularly by obtaining the support of the other eight member states.
In reply to EUROPE at the end of the meeting, the French Justice Minister, Nicole Belloubet, repeated France’s support for this proposal. She explained, “Obviously, things need to be done at the right pace. This does not mean imposing this in brutal way but, on the contrary, entering into a process that produces an extension of its competencies. At least, this is what France is wishing for”.
Finally, she said that she was confident that support from the remaining member states would be obtained for the Prosecutor’s Office soon and that these countries would soon see the advantages of this kind of cooperation. According to one diplomatic source, the Dutch position is currently being reviewed, despite the fact that at the moment no formal position has been issued and the question has not been tackled, at least publicly, by the Dutch Minister for Justice. (Original version in French by Marion Fontana)