Commission proposes European Public Prosecutor's Office

The European Commission has set out plans to establish a European Public Prosecutor's Office. Its exclusive task will be to investigate and prosecute and, where relevant, bring to judgement – in the Member States' courts - crimes affecting the EU budget.

The European Public Prosecutor's Office will be an independent institution, subject to democratic oversight. 

According to the Commission, the logic of the European Public Prosecutor's Office proposal is simple: If you have a "federal budget" – with money coming from all EU Member States and administered under common rules – then you also need "federal instruments" to protect this budget effectively across the Union. 

Currently, there is a very uneven level of protection and enforcement across the EU when it comes to tackling EU fraud. The rate of successful prosecutions concerning offences against the EU budget varies considerably from one Member State to another, with an EU average of just 42.3%. 

Many cases are not prosecuted at all, but even when cases are prosecuted, there is a large disparity across Member States in terms of conviction rates for offences against the EU budget. 

Nevertheless, the proposals may be limited in effect. Under the EU Treaties, Denmark will not participate in the European Public Prosecutor's Office. The United Kingdom and Ireland will not participate either unless they voluntarily and explicitly decide to do so (opt in).

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