Brussels, 19/03/2003 (Agence Europe) - The European Commission has repeated its proposal to establish a European Public Prosecutor to defend in the EU's financial interests in a report published on Wednesday on the debate that followed the December 2001 Green Paper on this issue. The Commission is again calling for the Constitution to establish the post of European Public Prosecutor and in line with comments it received, the Commission notes that the future treaty should also include a legal basis for derived law to work with and within Member States' legal frameworks. (The European Parliament will discuss the Theato report in Brussels on 27 March.)
In a press release, the Commission explains that the public consultation exercise had led to "a contribution (being) transmitted to the Convention" on establishing a European Public Prosecutor. It acknowledged that support for the idea comes mainly from practitioners and civil society since most Member States oppose it. Member States together rejected the idea at the ECOFIN and Justice and Home Affairs Councils last year (see Europe of 17 September and 7 March 2002). Based on a public hearing in September 2002, the Commission divides Member States up as follows: 1) favouring the idea of establishing European Public Prosecutor in principle: Belgium, Greece, Spain, the Netherlands, Portugal and, to a lesser extent, Italy: 2) sceptical of the use or feasibility: Germany, Luxembourg and Sweden; and 3) totally rejecting the idea: France, Ireland, the UK, Austria, Denmark and Finland. Since then, France and Germany , hitherto very reticent about the idea, have presented a joint contribution to the Convention suggesting that Eurojust gradually be turned into a European Public Prosecutor's Office and for this to be incorporated in the Treaty.
The European Convention Praesidium unveiled a mid-way proposal on Monday between the Commission's idea and the many reservations, suggesting that the Consitution not formally establish a European Public Prosecutor but foresee the option of the Council deciding in an unanimous vote to set up a European Public Prosecutor's Office in Eurojust. The Office would be responsible for investigating, pursuing and sending to trial those guilty (and people aiding them) of damaging the EU's financial interests and serious crimes affecting more than one Member State (see Europe of 15 March, pp 7/8). John Bruton's Working Group did not reach agreement on the issue (see Europe of 6/7 December 2002).
The Green Paper was published just over a year ago (Europe of 12 December 2001) and had been submitted by the Commission to the Intergovernmental Conference on reforming the treaties (see Europe of 3 October 2000). The European Parliament has expressed its support for the idea on several occasions (see Europe of 15 October 2002).