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Allister attacks EU plan for Brussels prosecutor

29 August 2007

MEP Jim Allister QC has warned that EU Justice Commissioner Franco Frattini is set to pave the way to a single European prosecutor who would have powers to initiate and proceed with the investigation of serious cross-border crimes.

Statement by JIM ALLISTER MEP:

Commissioner Frattini said recently, "I am convinced that Europe will have its general prosecutor in the future". His words come just two months prior to his plan to table a two-step strategy aimed at strengthening Eurojust, the EU's judicial body and seen as the key-stone for a single European prosecution office.

"Once the reform treaty (new constitution) is adopted and enters into force, we will start talking about Eurojust having the power and the responsibility of initiating an investigation, not only of coordinating [it]", Frattini added.

Initially, he envisages an EU prosecutor in areas "where important European interests are at stake", namely in dealing with financial crime, fraud and counterfeiting at European level. Any such move, of course, would also require harmonizing definitions of crimes or introducing a European criminal code, along with surrender of control from member states.

Mr Frattini has set his hopes on the new EU treaty, which – if finalised and rubberstamped by the entire 27-nation bloc – will scrap national governments' exclusive control over sensitive matters of justice and home affairs in favour of the so-called qualified majority voting system. "I hope the UK will de facto opt-in in many if not all areas covered under the regime", Mr Frattini said. I hope we will not, because to do so would be to surrender a pivotal facet of our criminal justice system to Brussels.

The very idea of a European prosecutor would be a fundamental assault on our distinct British justice system and processes, and on our national sovereignty. It is for the British Parliament and, where relevant, devolved institutions, to shape and determine our criminal law and for British prosecuting authorities, not inter-meddlers from Brussels, to enforce it. 

This, of course, is but one of the manifestations of the recast Constitution which undermines our national control and autonomy, which makes the necessity for a referendum so imperative. In this regard I greatly welcome the groundswell of support among even Labour MPs for a referendum, as reflected in reports today of as many as 120 backing the call."

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EU Parliament