Treaty
The Public Prosecutor was inserted as article 86 of the Treaty on the Functioning of the European Union by the Treaty of Lisbon. The article states the following:
- Establishment;
- The Council of the European Union, by a special legislative procedure, may establish a European Public Prosecutor's Office on the basis of Eurojust.
- This must be done by unanimity in the Council and with the consent of the European Parliament
- If the Council cannot reach unanimity, a group of at least nine member states may refer a draft to the European Council.
- Those member states may also proceed to establish enhanced cooperation between themselves after informing Parliament, the Council and the Commission.
- Role;
- The office shall, in liaison with Europol, be responsible for investigating, prosecuting and bringing to judgment those connected to offences against the EU's financial interests.
- It shall exercise this function in the relevant national courts.
- The regulations establishing the office shall determine rules governing how it performs its duties including the admissibility of evidence.
- The European Council may amend the treaty, after consulting the Commission and gaining the consent of Parliament, to extend its powers to include serious cross border crime
Read more about this topic: European Public Prosecutor
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