Dutch House of Representatives

Proposal for a COUNCIL REGULATION on the establishment of the European Public Prosecutor's Office

Scrutiny details

Subsidiarity deadline: 28/10/2013
Scrutiny Information

Scrutiny date: 18/07/2013

  A reasoned opinion has been sent

  Important information to exchange

No Veto

Information on parliamentary scrutiny

Information on parliamentary scrutiny

This dossier receives priority attention by the Security & Justice committee of the Tweede Kamer.
On request of the Tweede Kamer, a Parliamentary Reservation has been made in the Council by the Netherlands on this legislative proposal. This reservation has been lifted after the early debate on this proposal in the standing committee, during which arrangements have been made with the minister on the further parliamentary scrutiny of this proposal. Every meeting of the JHA-council is preceded by a debate about the agenda of the council meeting in the Tweede Kamer and the EPPO has been discussed during every debate about the JHA-council up to now.
The Tweede Kamer has assessed whether this legislative proposal complies with the principles of subsidiarity and proportionality. It is of the opinion that it does not comply with both principles and a letter concerning detailed considerations has been sent. Starting point is that the competence in the field of criminal investigation and prosecution should be reserved to the national authorities;
The government is requested not to agree with the establishment of the European Public Prosecutor’s Office proposal on the conditions as drafted in the proposal by motion (32317 nr. 189).

The standing committee on security and justice has appointed a rapporteur on this issue, Mr Ard van der Steur (VVD, liberal party). He has subsequently sent a letter to the European Commission in response to the letter received by the European Commission following the Reasoned Opinion and invited the European Commissioner to come to the DUcth Parliament. She refused the invitation referring to institutional obligations.

The committee has adopted a position paper of the rapporteur on this dossier. The position paper addresses the concerns of the Dutch House of Representatives regarding subsidiarity and proportionality of the proposal and contains an alternative proposal. A majority of the House of Representatives feels that an EPPO could play a valuable role in the prevention of fraud affecting EU funds provided that it is organised in such a way that it can be deployed if all other possibilities have been exhausted. The position paper has been translated in English, French and Italian. The rapporteur discussed this position with the Dutch minister of Justice, the Dutch Senate, former Commissioner Reding, officials of DG Justice, the Permanent Representative of the Netherland at the EU, the JHA-counsellors of the EU member states, journalists in Brussels and The Hague and the ambassadors of the EU member states in The Hague.

On the 4th of March 2015, the mandate of the rapporteur has been prolonged until the 1st of July 2016 or earlier in case an agreement will be reached before this date. The rapporteur currently works on a new, detailed position paper. After meetings with relevant stakeholders such as LIBE-rapporteur Macovei, First Vice-President of the Commission Timmermans and Commissioner on Justice Jourová, he will advise the committee in the Dutch parliament about the lines to take for the upcoming months. If the paper is accepted by a majority of the parliament, this will be directed to the minister of Justice and all stakeholders in Brussels and the Member-States.

Contact points for EU matters

Specific Contacts:
Phone: +31703182307  Email Mrs. Lisa Vermeer
IPEX Correspondents:
Phone: +(31)06-15106251  Email Mr. Herbert Degens
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