Malta Independent

Malta joins the European Public Prosecutor’s Office

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Minister for Justice, Culture and Local Government Owen Bonnici yesterday presented a letter to European Commission­er for Justice, Consumers and Gender Equality Věra Jourová by which Malta notified its intention to participat­e in the EPPO, the European Public Prosecutor’s Office.

Minister Bonnici presented the letter during a meeting held yesterday morning with Commission­er Jourová at the ministry.

In the letter, Minister Bonnici states that Malta recognises that the establishm­ent of the EPPO is a major developmen­t for safeguardi­ng the economic interests of the European Union and ensures that union funds are employed for the achievemen­t of the social and economic purposes for which they are intended.

The letter also says that the Government of Malta is confident that further coordinati­on between the work of the EPPO, Europol, Eurojust, the European Judicial Network and other community institutio­ns and agencies will ensure progressio­n to a higher level of police and judicial cooperatio­n in Europe to the benefit of justice, peace and security.

The EPPO’s exclusive task is to investigat­e and prosecute crimes affecting the EU budget and, where relevant, bring them to judgement in the member states’ courts.

The government had announced its intention to join the EPPO last March, when Bonnici informed his fellow EU justice ministers that Malta was to formally submit its interest in joining. That came to fruition yesterday.

In 2013, Malta had decided to opt out of the European Commission initiative aimed at improving the prosecutio­n of criminals who defraud EU taxpayers by reinforcin­g the procedural guarantees of OLAF, the EU’s anti-fraud office.

Bonnici, then a parliament­ary secretary, had told Parliament’s Foreign Affairs Committee at the time that the government was in favour of the implementa­tion of the EPPO, as long as the functions of the attorney general would not be weakened as a result.

Short of signing on to the EPPO, only national authoritie­s can investigat­e and prosecute EU fraud. Their competence­s stop at their national borders. Existing Union bodies (such as OLAF, Eurojust and Europol) do not have, and cannot be given, the mandate to conduct criminal investigat­ions.

The EPPO fills this institutio­nal gap, and has exclusive and EUwide jurisdicti­on to deal with suspicions of criminal behaviour falling within its remit.

The EPPO is headed by a European Public Prosecutor. Its investigat­ions are carried out by European Delegated Prosecutor­s located in each participat­ing member state. The number of these delegated prosecutor­s will be left to member states, but they should have at least one.

The EPPO pools the investigat­ive and prosecutor­ial resources of the member states and has uniform investigat­ive powers throughout the Union, based on and integrated into the national legal systems of the member states.

Investigat­ion measures that touch mostly on fundamenta­l rights such as telephone intercepti­on will need prior authorisat­ion by a national court and the EPPO’s investigat­ions will be subject to judicial review by the national courts.

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