СПИСАНИЕ "DE JURE"
ВЕЛИКОТЪРНОВСКИ УНИВЕРСИТЕТ "СВ. СВ. КИРИЛ И МЕТОДИЙ" - УНИВЕРСИТЕТСКО ИЗДАТЕЛСТВО

Европейската прокуратура и необходимите промени в българското законодателство. Налагат ли се и конституционни промени?


Автори:
Галина Тонева Националния институт по правосъдие, България

Страници: 175-192
DOI: https://doi.org/10.54664/KVYZ9782

Резюме:


The article named “The European Public Prosecutor’s Office and the necessary amendments in the Bulgarian legislation. Are constitutional changes necessary too?” tries to trace the changes in legislation of Republic of Bulgaria that are necessary in connection with the activities of the European Public Prosecutor’s Office (EPPO). First the author analyzes the mechanism for transposition of Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law in the Bulgarian Penal Code. Specific proposals have been made on the wording of the crime sections in order to comply with the standards of the Directive. In the second part of the article, the author recommends specific amendments to the Code of Criminal Procedure to ensure the proper functioning of the European Public Prosecutor’s Office in order to ensure the successful completion of cases before the Bulgarian Criminal Court. The third part of the article is devoted to the changes in the Judicial System Law, which should guarantee the interaction of the Public Prosecutor’s Office of the Republic of Bulgaria with the European Public Prosecutor’s Office. Finally, in connection with the necessary legislative changes caused by the activity of the European Public Prosecutor’s Office, the author has devoted a special place in the article to the possible contradictions with the Constitution of the Republic of Bulgaria and has proposed specific solutions to this problem.


Ключови думи:

European Public Prosecutor’s Office; Powers of the Prosecutor General of Republic of Bulgaria; Constitution of Republic of Bulgaria; Decisions of the Constitutional Court of the Republic of Bulgaria.

Изтегляне


260 изтегляния от 12.12.2019 г.