@article{2016:marstaller:the_legali,
title = {The Legality Principle: An Effective Way to Minimise the European Prosecutors’ Influence on Substantive Criminalisation?},
year = {2016},
note = {This article discusses proposed models for a European Public
Prosecutor’s Office with regard to the potential for influence of
such an institution on substantive criminalisation - i.e. the way in
which a criminal offence is applied in practice. To respect Member
States’ sovereignty and to comply with the principle of
subsidiarity, such influence of a European Prosecutor is to be
avoided. Valuable insights regarding possible controls and limitations
of such influence can be drawn from the situation in national legal
systems. As contrasting models, the approach of the German system
adhering to the legality principle and the English model of
discretionary prosecution will be examined. The most important
potentials for influence and options for limitation will be shown,
especially focusing on the role of prosecutorial dismissals of cases
and plea bargaining. It will be shown that the draft proposals for the
European Public Prosecutor’s Office have developed in a welcome
direction regarding the control of prosecutorial influence on
substantive criminalisation.},
journal = {EuCLR European Criminal Law Review},
pages = {161--185},
author = {Marstaller, Marie-Lena},
volume = {6},
number = {2}
}