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Fraud

3. Towards a European Public Prosecutor?

Under the current scope of OLAF’s powers, OLAF cannot bring cases to court in the member states. When an investigation requires prosecution, the Office transmits the file to the relevant national authority. In the European Constitution though, member states agreed in principle to the idea of a European Public Prosecutor, who would be able to prosecute directly all cases involving the EU’s financial interests.

This independent European Public Prosecutor would be supported by Deputy European Prosecutors at national level, so as to secure the link between the Community mechanism and the national judicial systems.

The European Public Prosecutor would be appointed by the Council by a qualified majority with the assent of the European Parliament and on the basis of a list of candidates provided by the Commission, for a non-renewable term of six years. The essential characteristic of the European Public Prosecutor would be his independence. His task would be limited to investigating and prosecuting the infringements detrimental to the Community's financial interests.