Position of the prosecutors in European Union Law (advocate general & European public prosecutor)
2009
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Danışman: Yrd. Doç. Dr. Hacı Can
Özet (EN)
From the very early establishment days of the European communities until today, the position of Advocate General has continuously developed its situation even with playing a political role while achieving his judicial duties in parallel to the developments of the communities. As a part of the formation process of the European Union politics and member of the European Court of Justice Advocate General has made great contributions to processes that he has been involved in.The advices given by the Advocate General to increase the openness of the European Court of Justice?s judicial function not only helps the judges for the decisions but also makes the judgments clearer to be understood.How the giving up of Advocate General giving advices to the court as he used to do before the amendments made with Nice Treaty is going to affect the trial processes?Isn?t it a contradiction to make the position of Advocate General controversial, who is the defender of the European Union law neither for the communities nor for his own country?In today?s Europe, after a half century effort of realizing economical integration, through the establishing aim of the European Communities the political integration process is about to be completed.It is apparent that in a near future in the light of member state?s constitutions, it is going to complete its integration process and transform into United States of Europe.Well, in such a huge geography and economy Who is going to defend the Union?s financial benefits,economical values and consequently European nations? interests??European Public Prosecutor? Project shall be the most convenient answer to this question.This Project which is going to strengthen the Union in terms of fighting aganist crime and criminals,is probably going to be the last and most important phase in the continuing development of European Criminal law and law of criminal procedure.This study has three main parts and has been formed in order to find answers to the questions mentioned above. In the first part to make the real thesis subject clear, the courts that involve the position of Advocate General, has been generally analyzed. In the second part the personal structure, judicial situation, his duties and affects in trial processes, the necessity of the existence of himself and his advices in trial processes of Advocate General has been analyzed by discussing on specific subjects.In the third and also last part, the ?European Public Prosecutor ? position that has not come into force yet is analaysed superficially.Keywords: European Court of Justice, Advocate General, Advice, European Public Prosecutor, Community?s Financial Benefits.
Yazar
Dr. Mustafa İberya Arıkan
Bu Yayına Nasıl Atıf Yapılır
Mustafa İberya Arıkan (Master Thesis). Position of the prosecutors in European Union Law (advocate general & European public prosecutor), 2009, Dokuz Eylül University.
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