Choosing the National Forum in Proceedings Conducted by the EPPO: Who Is to Decide?

Abstract

The establishment of the European Public prosecutor would mark the birth of the first truly European form of prosecution. The European Prosecutor would investigate on a case and then bring it in front of a national court for adjudica-tion. The paper discusses how the national adjudicating forum should be chosen for cases handled by the future European Public Prosecutor. It first looks at the current rules on overlapping of national jurisdictions. Then it considers what general over-arching fundamental principles spelled out in national constitutions and European covenants are applicable and what their practical implications are. Finally it critically discusses the rules which have been approved, making where possible some interpretative suggestions for improvement.