Irinieiva V. Justice System in the European Union

The thesis deals with the complex scientific and theoretical research of the criminal justice system in the EU. There were established the dual nature of the criminal justice in the EU, on the one hand as a part of the freedom, security and justice area, and on the other - as a system of the material and the procedural rules of EU law in the criminal sphere. The author also analyzes the contemporary regulatory institutional framework for the criminal justice in the European Union, in particular, the functioning of such institutions: European Judicial Network, Europol, OLAF, Eurojust, Eurojust national coordination system, Frontex, European Police College, and formulates the trends of the European Public Prosecutor's Office de lege lata and de lege ferenda. The author found that the optimal way to improve the criminal justice system the EU is European Public Prosecutor's Office establishment as the institutional mechanism that can overcome the obstacles that currently impede the effective fight against crime across the EU, particularly in the financial sector. In this context, the analysis of Member States' positions on prospects of the European Public Prosecutor's Office establishment has been made as well as the key issues that cause a negative attitude towards its creation have been highlighted: the empowerment of the European Public Prosecutor's Office with the function to accuse, to arrest and to imprison people throughout the European Union by its own decision, the authorization to choose the national legal order for hearing the case, as well as the significant difference between the legal systems of the Member States that leads to the unwillingness of their governments to harmonize the criminal legislation. At the same time author points out the positive effects of European Public Prosecutor's Office in particular: reforming of the EU and the individual Member States' systems for criminal justice; reshaping the institutional structure of the EU internal security; harmonized approach introduction to the criminal responsibility issues; ensuring broader procedural rights and effective assistance to crime victims.