The European Public Prosecutor's Office - the Fiasco of the European Union Financial Security Vision?

• Autorzy: Szymon Kisiel
• Języki publikacji: EN

Abstrakty

EN

Aim: The article is devoted to the problem of financial abuses and frauds that undermines the public finances of EU and public interest. Motivation: The problem is not new and it is known for several years. There is no doubt that investments funded by the EU are common. A huge amount of EU money is also a huge temptation and purpose of economic crimes. Over the years, the EU and the Member States already took some action to prevent from embezzlement of the EU budget. Until now, the main institution that coordinated the fight against these phenomena was the European Commission and its structure, especially the European Anti-Fraud Office. Fighting against economic crimes violating the interests of the EU is difficult for the procedural reasons. European investigators have no prosecuting power. Investigative role is limited to gathering evidence and transferring it to the national prosecuting authorities. After that European investigators lose the control over conducted case. The Treaty on the functioning of the European Union gives us another tool to fight the frauds. It seems that the solution is to establish the European Public Prosecutor Office (EPPO) with full procedural rights to prosecute violators. That's why the general thesis is that EPPO should be established as soon as it is possible to help prevent EU citizens money in more effective way than it is today. However this could be a contribution for the next article concerning the economic analysis of the law and the impact of new regulations on security funds entrusted to the EU. Results: The idea of establishing an EPPO has almost 10 years and was initiated in the connection with the latest financial crisis. Unfortunately, despite declarations and attempts to start it in January 2015 it is still not known if and when it will actually work. The article also takes the issue of commitment and various visions of the Member States of achieving the EU budget safety and other problems on this ground. (original abstract)

Słowa kluczowe

EN

Financial fraud; EU funds; Public finance; EU budget

PL

Oszustwa finansowe; Fundusze unijne; Finanse publiczne; Budżet UE

• Czasopismo: Ekonomia i Prawo
• Rocznik: 2016
• Tom: 15
• Numer: nr 3
• Strony: 347--356

Twórcy

autor

Szymon Kisiel

• University of Warmia and Mazury

Bibliografia

• Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Improving OLAF's governance and reinforcing procedural safeguards in investigations: A step-by-step approach to accompany the establishment of the European Public Prosecutor's Office (COM/2013/533).
• Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union from 2012 (OJ C326/01).
• Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L312/1).
• Council Regulation (Euratom) No 1074/99 of 25 May 1999 concerning investigations conducted by the European Anti-fraud Office (OLAF) (OJ L 136/8).
• Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L292/2).
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• European Commission. (2015a). Retrieved 15.09.015 from http://ec.europa.eu.
• European Commission. (2015b). The OLAF report 2014. Retrieved 20.09.2015 from http://ec.europa.eu.
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• Kisiel, S. (2014). Nieprawidłowe wykorzystanie środków unijnych. Aspekty prawno-kryminologiczne. Olsztyn: UWM.
• Proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation (Eurojust) (COM/2013/0256).
• Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L136/1).
• Stefanou, C., White, S., & Xanthaki, H. (2011). OLAF at the Crossroads: Action against EU fraud. Studies in international & comparative law. Oxford and Portland/Oregon: Hart Publishing.
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Identyfikatory

DOI

10.12775/EiP.2016.023