PIF History
1976: Draft Treaty
Operationalisation of PIF through (i) adoption of common rules on the protection of PIF under MS criminal law and (ii) adoption of common rules on liability and protection of EU officials under MS criminal law
(i) Ratio: MS criminal law cannot guarantee PIF
(ii) ratio: MS law on infringements committed by officials do not apply to EU officials --> gap in PIF protection
System: transfer of proceedings
MS has jurisdiction but cannot prosecute infringement of EC Law or implementing rules requests MS which can prosecute
Requested MS deems infringement committed outside its jurisdiction to have been committed in its jurisdiction and applies its own law it if approves request
MLA
Member States give maximum assistance
Except when MLA concerns (i) arrest or enforcement of penal sanction, (ii) public policy
Assimilation obligation: MS must apply infringements under MS law just like infringements of EC (implementing law)
(i) Unlawful reduction of revenue
(ii) unlawful collection of public subsidies, refunds or financial aid
(iii) production of false documents/declarations
Addressees: Member States
Subjects: Officials of the EC
(i) any person having the status of an official or other servant as defined in the Staff Regulation of officials of the European Communities and Conditions of Employment of other Servants of the Communities
(ii) EIB staff
(iii) persons seconded to EC
Addressees: Member States
Subjects: actors infringing EC (implementing law) and affecting PIF
Assimilation obligation
(i) acceptance of bribes (and protection against)
(ii) forgery
(iii) misappropriation of (public) funds
(iv) breach of professional secrecy
System: transfer of proceedings. Criminal law of MS where proceedings are instituted applies
National of MS
Non-national of MS
Proceedings in state of origin
exception: state of origin may request state where conduct occurred to institute proceedings if in the interests of justice
Exception 2: acccused is in state where conduct occurred and that state requests State of origin
Proceedings in state where conduct occurred