Principles of organization and activity of the European Prosecutor’s Office

The article is devoted to the research of the principles of organization and activity of the European Prosecutor’s Office. The activities of the European Prosecutor’s Office are based on principles that ensure the effectiveness and legality of its functioning, as well as guarantee the observance of the rights and freedoms of individuals. It was determined that according to the principle of independence, the European Public Prosecutor’s Office acts in the interests of the EU, is free from any influence and does not seek instructions from any subjects. EU institutions, bodies, and agencies must respect the independence of the European Prosecutor’s Office and refrain from trying to influence prosecutors in the process of exercising their powers. Each EU prosecutor and authorized prosecutor must be independent in the performance of their powers. Transparent procedures for the selection and appointment of prosecutors, their functional immunity, and a special procedure for removal from office serve as guarantees of independence. It was emphasized that the principle of the rule of law provides that the activities of the European Public Prosecutor’s Office are based exclusively on EU law and are carried out in strict accordance with the Charter of Fundamental Rights of the EU. The principles of rule of law and proportionality are binding for the European Public Prosecutor’s Office in all its activities. The principle of proportionality requires that the actions of the European Public Prosecutor’s Office do not exceed the limits necessary to achieve its objectives. It was established that according to the principle of subsidiarity, the European Prosecutor’s Office exercises its powers only in those cases when the goal cannot be achieved by the means of the member states. This ensures a balance between supranational and national levels of criminal prosecution. The principle of collegiality and internal hierarchy presupposes that decisions in the College and standing committees are made jointly in the established order. Authorized prosecutors are obliged to follow the instructions of the EU prosecutors, who, in turn, report to the Chief Prosecutor. It was found that the work of the European Prosecutor’s Office is based on the principles of impartiality, fairness, efficiency and economy of procedural actions. The European Public Prosecutor’s Office conducts its investigations in an impartial manner and tries to obtain all relevant evidence, both incriminating and exculpatory. The principles of transparency and accountability determine the obligation of the European Prosecutor’s Office to annually publish a report on its activities and to inform the European Parliament, the Council of the EU and the European Commission about the results of its work.