European Public Prosecutor: Analysis of the Negotiation Process

Robert Zbiral, Palacky University

The Lisbon Treaty newly contains a legal basis that allows the transformation of Eurojust into the European Public Prosecutor Office (EPPO). This step has become a very contentious topic, as the area of criminal law and enforcement traditionally belonged to the core of Member States' competences (see the Lissabon Urteil of BVerG). The contribution however does not discuss the merits and drawbacks of the EPPO as such, but concentrates on the negotiation process that might result in EPPO's adoption. The Treaty prescribes unanimity, but if it is not achieved, it opens the possibility for enhanced cooperation.So far namely the supranational institutions have served as the main proponents of the new body, while some Member States have been openly hostile. In light of this, we could expect long and difficult negotiations. The text will explore the interests of the main actors and analyse their potential negotiation tactic and instruments. As is usual in bargaining within the EU, no one enjoys clear-cut win or lose position and there is promising dynamics involved, not least because of the possibility of enhanced cooperation.Methodologically the contribution uses qualitative methods and combines both legal and political science approaches.



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