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Towards unity of public prosecutors in Europe? A historic analysis in the Czech Republic, France, the Netherlands and Poland

12 June 2008

PhD ceremony: T.P. Marguery, 16.15 uur uur, Academiegebouw, Broerstraat 5, Groningen

Thesis: Towards unity of public prosecutors in Europe? A historic analysis in the Czech Republic, France, the Netherlands and Poland

Promotor(s): prof. G. Knigge, prof. E. Stamhuis

Faculty: Law

 

Public Prosecution Service in four countries compared

The Public Prosecution Service (PPS), which was created in France at the time of the Ancien Regime, has been transplanted in various forms into the judicial systems of the majority EU member states. Its main role consists in conducting criminal enquiries and prosecuting criminals before the courts. Tony Marguery compared the current organisation and functions of the prosecution services in The Netherlands, France, Poland and the Czech Republic.

Even if the public prosecution services in the four continental law systems studied have the same root, its transplantation into different legal cultures and the unique historical developments have led to different developments and specific characteristics. Comparison reveals multiple areas of similarity between the four prosecution authorities. However, these should not be viewed as European standards given the limited scope (four of twenty-seven countries) of this study. Although it is currently impossible to say what should be constant across all Member States, it is possible to say where systems converge and where variations are possible. Marguery establishes the existence of twelve points where PPSs converge. Finally, he shows that within these points of convergence a broad diversity between the organisation and functioning of the public prosecution services in the European Union cannot be ignored. However, this diversity cannot go beyond certain limits.

Last modified:15 September 2017 3.37 p.m.
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