[attach id=282024 size="medium"]Parliamentary Secretary for Justice Owen Bonnici.[/attach]

Parliamentary Secretary for Justice Owen Bonnici told the Foreign Affairs Committee that the Government is in favour of the implementation of the European Public Prosecutor’s Office insofar as the functions of the Attorney General were not reduced.

Addressing the committee during a discussion on whether the proposal satisfied the principle of subsidiarity, Dr Bonnici underlined that the Government was committed to fighting fraud.

Alexandra Jour-Schroeder, Head of the European Commission’s Criminal Law Unit, told the committee that the Commission’s proposal on the implementation of the European Public Prosecutor’s Office, together with the Eurojust reform, would result in better protection for Euro-pean taxpayers.

She pointed out that the office would investigate, prosecute and bring to justice those who committed fraud. The Commission believed that the office should be independent and accountable.

The creation of a central office, to be financed through the EU budget, was another important aspect of the proposal since the majority of fraud cases were cross-border.

Lawsuits would be instituted before national courts and not before the Court of Justice of the European Union.

The Commission’s proposal did not seek the removal of any present judicial safeguards provided under national legislations and the EU Court of Justice would only be involved when national courts requested a preliminary ruling.

Lawsuits would be instituted before national courts

Attorney General Peter Grech said that a problem might arise when the European Public Prosecutor took a decision with regard to a particular case.

This might be in conflict with the Maltese Constitution, which provides that the Attorney General shall not be subject to any direction or control when deciding whether to institute, continue or discontinue criminal proceedings.

The European Public Prosecutor would be appointed by the Council and by the European Parliament, based on a shortlist prepared by the Commission.