The Warranty of the Right to Defense under an Operating European Department of Public Prosecution

Open access

Abstract

Both in the European Union and in European doctrine was widely discussed the ratione materiae of the future European Public Prosecutor. In terms of the Lisbon Treaty its jurisdincion is limited to crimes that threaten the Union’s financial interests, but at the same time the Council of Europe may extend this competence by unanimous decision and other serious offenses. European Public Prosecutor is now one of the main objectives of the European Union and is one of the priorities of the common space of freedom, security and justice for the next five years. Still looking for ways and methods useful for the implementation of these goals, but two conditions must be met: it must be a useful institution, well embedded in the EU institutions and must be based on our national legal traditions that have proven their relevance. Finally, it gives a substantial importance to defense lawyers and rights in various stages of the procedure, both in the contentious matter of freedom and during the performance of an adversarial procedure.

1. T. Dascal, Romanian criminal law, General part, Ed Concordia, Arad, 2007;

2. T. Dascal, Minority in Romanian criminal law, CH Beck 2011 Bucharest;

3. M. Delmas - Marty and J.A.E. Vervaele (dir.), Implementation of the Corpus Juris in Member States, 4 vol. Antwerpen - Groningen – Oxford, Intersequentia, 2000;

4. V.B. Favreau, Guarantees to preserve the rights of the defense in Corpus Juris 2000 in A. Lanzi, F. Ruggieri, L. Camaldo (dir.), Il defensore e il Ministero Publico Europeo”, Milan, CEDAM, 2002;

5. G. Grasso and R. Sicurella, The Corpus Juris 2000, a criminal guardianship modello di dei beni Community giuridici, Milan, Giuffre, 2003;

6. Labay, Area of freedom, security and justice, General Framework, J - Cl. Europe 2009;

7. S. Murgu, N. M. Stoicu, Constitutional Law and Political Institutions, Cordial Lex Publishing House, Cluj-Napoca, 2012;

8. S. Murgu, N. M. Stoicu, Legal framework for the protection of human rights in international or domestic law, Cordial Lex Publishing House, Cluj-Napoca, 2012;

9. S. Murgu, N. M. Stoicu, Regulation of preventive measures through the European human rights protection in criminal proceedings Cordial Lex Publishing House, Cluj-Napoca, 2012;

10. P. Palcu, European criminal law, trends and prospects, Univerity Press, V. Goldis Arad 2011;

11. R. Sicurella, The role of the lawyer to the European Prosecutor, in B. Favreau (dir) Lawyer in European law, Brussels, Bruylant, 2008;

12. J.A.E. Vervaele, Implementation of Corpus Juris in the Member States, 4 volumes, Utrecht, Intersentia 2000-2001;

Journal Information

Target Group experts in the field of Romanian Law

Metrics

All Time Past Year Past 30 Days
Abstract Views 0 0 0
Full Text Views 111 111 38
PDF Downloads 28 28 9