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The nomination of the European Chief Prosecutor: a saga highlighting the importance of the EPPO for the rule of law in the EU

par Briere, Chloe
Editeur scientifique Weyembergh, Anne ;Chevalier-Govers, Constance
Référence La création du parquet européen : simple évolution ou révolution au sein de l’espace judiciaire européen?, Larcier, Ed. 1
Publication Publié, 2021

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Résumé :

The contribution analyses the role given to the European Chief Prosecutor. A comparison is drawn between the role initially envisaged in the Commission’s Proposal for a Regulation on the EPPO, and the role foreseen under the adopted EPPO Regulation. As its role substantially reduced over the negotiations of the text, in particular due to the changes in the structure of the EPPO, the contribution examines the key aspects of the function, notably its role in ensuring the accountability of the EPPO before the EU institutions and national parliaments (Article 7 EPPO Regulation). Its tasks and powers in the conduct of the EPPO’s investigations are also examined to determine whether the Chief Prosecutor, as one of the most “Europeanised” elements of the EPPO’s structure, plays a predominant role in operational matters. A second step focusses on the nomination of the first person to be appointed European Chief Prosecutor. After the publication of the vacancy and the expiration of the deadline in December 2018, the selection panel, whose establishment and composition was defined in the EPPO Regulation, has reviewed the applications received and shortlisted candidates. However, the procedure faced hurdles. As reported by the European Commission in June 2019, “the negotiations between the Council and the European Parliament remain in a deadlock, as both institutions maintain their position in relation to their preferred candidates”. The candidate supported by the European Parliament, Mrs Laura Codruţa Kövesi from Romania, was finally appointed, after a process marked by political interferences. The contribution ends on the tensions surrounding such nomination, which are particularly vivid considering the importance of the first EU Chief Prosecutor for building the administrative and operational structure of the EPPO and establishing good working relations with national judiciary authorities. It addresses the “rule of law” dimension of such tensions, and the role that the EPPO may play in supporting respect for the rule of law in the EU.