Toward a Prosecutor for the European Union, Volume 2: Draft Rules of Procedure(Modern Studies in European Law)

In an era in which the EU’s influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor’s office. This two-volume work presents the results of a study carried out by a group of European criminal law experts, with the financial support of the EU Commission in 2010–2011, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume two presents a draft set of model rules for the procedure of the European Public Prosecutors’ Office and continues with a set of comparative studies of the national legal systems which cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file and victim reconciliation. Volume two concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform.

Table of Contents:
Part III Comparative analysis of the national systems 1. Investigative measures and their procedural safeguards i. Experts assistance and summoning and hearing of witnesses Eleonora Zieli ska ii. Access to relevant premises, summoning and hearing of the suspect and identification of the suspect Johannes Martenschl ger iii. Search and seizure, freezing of assets and production orders Martin B se iv. Arrest of the suspect and detention for questioning, pre-trial custodial detention Zlata Durdevic v. Interception of postal communications and interception of content data, surveillance in public and private sphere Silvia Allegrezza / Andras Csuri vi. Monitoring of telecommunication traffic data and of bank transactions Juliette Tricot / Adan Nieto vii. Tracking and tracing of objects and persons, on-line search of computers Marianne Wade / Stefan Braum viii. Infiltration, controlled deliveries, data mining and profiling Anne Weyembergh / Rosaria Sicurella 2. Prosecution measures and their procedural safeguards i. Indictment and review by the national court - launching prosecution Silvia Allegrezza / Andras Csuri / Zlata Durdevic ii. Forum choice and referral Martin B se / Juliette Tricot iii. Alternatives to launching prosecution Eleonora Zieli ska / Marianne Wade iv. Private prosecution Adan Nieto Part IV Final report of the project European criminal procedures and rules of procedures for the European Public Prosecutor's Office Katalin Ligeti Part V EU model rules for the procedure of the European Public Prosecutors' Office with explanatory notes Part VI R gles mod les europ ennes de proc dure pour le Parquet europ en avec les notes explicatives

About the Author :
Katalin Ligeti is a Professor of European and International Criminal Law at the University of Luxembourg, and Secretary-General of the International Association of Penal Law.