Jura Hominis, the Italian Section of the ICJ is pleased to present the Motion of the Casa D’Europa of Milan regarding the establishment of the European prosecutor.
This motion was issued on the occasion of the Intergovernmental Conference in Italy and the discussion of the draft Constitution. Jura Hominis supports the call of the Casa d’Europa.
Casa d’ Europa di Milano
via Durini 14 – 20122 Milano – Tel. 02.7600 1857 Fax 02.7601 4289
The President, Advocate Isetta Pinto, and the Executive Committee, on behalf of the Casa d’Europa of Milan, calls for the reformulation of the Draft Constitution of 13 June 2003 in order to:
1. include the prompt establishment of the “European Prosecutor”;
2. define the “nomen juris” of those thirty-two crimes which can be prosecuted within Europe as determined by the framework decision of 13 June 2002 on the European Arrest Warrant.
The framework decision defining minimum norms for serious crimes does not prevent from the possibility to implement promptly the Green Book which on 11 December 2001 already provided for the establishment of an European Prosecutor to safeguard the financial interests of the Community in coordination with OLAF and EUROPOL.
Such institutional reforms in the field of judicial cooperation should not be provided for by an European framework decision which could be ostracised by the need for a total majority.
The majority principle and the need to overcome the totalitarian principle should be the general rule for all decisions within the European Union.
Advocate Isetta Pinto