Naslov
The EPPO and its coordination with national prosecuting authorities: the Croatian perspective

Autori
Ivičević Karas, Elizabeta

Izvornik
Hrvatski ljetopis za kaznene znanosti i praksu (2459-6531) 27 (2020), 1; 287-301

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
EPPO, national prosecuting authorities, state attorney, coordination, shared competence, sincere cooperation, complementarity principle, right of evocation

Sažetak
This article addresses some theoretical and practical problems concerning coordination between the EPPO and national prosecuting authorities, seen from the Croatian perspective. Since investigations of the EPPO will be conducted according to national law, their efficiency will depend on the efficiency of national legal systems, but also on the efficiency of the EPPO’s coordination with national authorities. There are two basic principles that regulate coordination between the EPPO and competent national prosecuting authorities: the principle of shared competence and the principle of sincere cooperation, meaning that the EPPO and national prosecuting authorities should work together and with the same goals, which implies mutual trust, loyalty and intense communication. Still, the EPPO exercises priority competence, which is reflected in its right of evocation. The analysis of some challenges to the system of shared competence and sincere cooperation, considered from the perspective of current Croatian criminal procedure legislation, shows that the complementarity principle may be a useful tool in regulating coordination between the EPPO and Croatian prosecuting authorities in specific situations where the EPPO must decide whether to use the right of evocation, although existing language barriers may reduce its practical utility.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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