7 Amendments of Giuseppe GARGANI related to 2013/0255(APP)
Amendment 5 #
Draft opinion
Recommendation 1 –point i – point a
Recommendation 1 –point i – point a
Amendment 10 #
Draft opinion
Recommendation 1 – point iii
Recommendation 1 – point iii
(iii) on no account shouldmust the EPPO exercise its competence with regard to offences committed before it becomes fully operative. Article 71 of the proposal should be amended accordingly;
Amendment 12 #
Draft opinion
Recommendation 1 – point iv (new)
Recommendation 1 – point iv (new)
(iv) to make for greater certainty as to the law, the competent court should be determined beforehand, in keeping with the principle of the ‘natural adjudicator’. Article 27 of the proposal should be amended accordingly;
Amendment 13 #
Draft opinion
Recommendation 1 – point v (new)
Recommendation 1 – point v (new)
(v) the European Public Prosecutor should be appointed for a term of four years, renewable once only. Furthermore, Deputies of the European Public Prosecutor should be appointed for a term of three years, renewable once only. Article 8 and Article 71(2) of the proposal should be amended accordingly;
Amendment 14 #
Draft opinion
Recommendation 1 – point vi (new)
Recommendation 1 – point vi (new)
(vi) the means of investigation should be uniform, in order to avert forum shopping, and they should be compatible with the legal systems of the Member States;
Amendment 16 #
Draft opinion
Recommendation 2
Recommendation 2
2. welcomes the fact that, under the regime applicable to non-contractual liability of the EPPO, the Court of Justice shall have jurisdiction in disputes over compensation for damage in similar terms to those set out in Article 268 TFEU; however, considers it problematic that two different courts – at EU and national level respectively – shall hear actions for non-contractual liability of the EPPO and actions for annulment of its procedural measures, including those from which a right to compensation for damage may arise, and recommends to the Council that Articles 36 and 69 of the proposal be amended accordingly;
Amendment 18 #
Draft opinion
Recommendation 3
Recommendation 3
3. deplores that, notwithstandrecommends that, in accordance with the provisions laid down ing Article 86(1) TFEU clearly lays down that, whereby the Council may establish an EPPO ‘from Eurojust’, the Commission envisages a major merely a transfer of humanfinancial resources from OLAF to the EPPO, instead of and that EPPO takinge advantage of the expertise and the added value of Eurojust’s staff members;