歐洲檢察官能起訴英國人 未經政府批准

歐洲檢察官能起訴英國人 未經政府批准
European prosecutor could prosecute Britons without Government's permission
The European Union is planning to create a new super-prosecutor who would have powers to bring cases against British citizens without the approval of the Crown Prosecution Service or the Government.
歐洲聯盟正計劃創立一個新的超級檢察官，他將有權進行針對英國公民的案件，未經皇家檢察部門或政府的批准。

By Christopher Hope, Whitehall Editor
Published: 8:00AM GMT 06 Mar 2010

The Spanish EU Presidency, backed by France and Germany, announced that it is going to propose the creation of an EU European Public Prosecutor next month using powers under the Lisbon treaty.
歐盟輪值主席國西班牙，得法國和德國支持，宣布它下月即將建議創立一個歐盟的歐洲公共檢察官，運用里斯本條約下的權力。
The move is regarded as "extremely worrying" and is seen as a further attempt to transfer powers from London to Brussels.
此舉被認為是“非常令人擔憂”，並被視為是進一步企圖把權力從倫敦移往布魯塞爾。
It would mean that British people could face prosecution through a justice system the UK Government has made no contribution to setting up.
這將意味英國人可能面對起訴，透過一個司法制度英國政府沒有作出設立的貢獻。
The British Government has consistently opposed the plans but is powerless to stop them going through as they can be passed as long as they have the backing of nine member states under so-called “enhanced co-operation”.
英國政府一貫反對那些計劃，但無力阻止它們通過，因為它們可以通過只要它們有9個會員國的支持，在所謂的“加強合作”下。
Britain has "opted out" of the system, which means that while the European prosecutor will not be able to bring cases in this country, he will still be able to issue European arrest warrants to force UK citizens to face prosecution in another member state – without asking the permission of the Government or the Director of Public Prosecutions, Keir Starmer.
英國已“選擇退出”那制度，那意味儘管歐洲檢察官將不能帶走這個國家的案件，他將仍能發出歐洲逮捕令，去迫使英國公民在另一個會員國面對檢控 - 未得政府或刑事檢控主任基爾 Starmer的許可。
The news comes after The Daily Telegraph disclosed how the European Union is drawing up plans for its first direct tax with a "green" levy on petrol, coal and natural gas that could cost British consumers up to £3 billion.

The prosecutor’s initial powers will be confined to cross-border financial transactions – specifically to “investigate fraud and speculation against the euro”.

Conde Pumpido, Spain’s Inspector-General of Finances, said: “The single currency needs a specific institution that protects the application of criminal law against fraud and speculation.”

However, there are concerns that once appointed the new European prosecutor will seek to use his powers to prosecute a range of different and non-financial crimes.

The Spanish Presidency’s website raises the prospect of allowing the prosecutor also to "investigate and initiate criminal proceedings against cross-border crimes such as people trafficking, drug trafficking or terrorism".

Sarah Gaskell, from campaign group Open Europe, said: “This is an extremely worrying move for UK citizens, who could face prosecution by a European Public Prosecutor that the UK Government had no hand in setting up.

“The deeply undemocratic Lisbon Treaty is being used to outsource controls over our justice system to EU institutions, in what is the start of a very worrying trend of judicial creep that could see such a prosecutor’s powers expanded into all manner of areas.

“This just goes to show that the Government’s so-called 'opt-outs’ from the Lisbon Treaty in justice and home affairs are a totally inadequate safeguard for the UK’s criminal and justice system.

“A future government needs to fundamentally reform Britain’s participation in EU criminal and justice rules and reclaim much greater control over the legal rights of its citizens.”

Mark Francois, the shadow Europe minister, said: “The Lisbon Treaty allows other countries to establish a European prosecutor for themselves if they wish, but we are not obliged to follow suit.

"In fact, it would be absolutely unacceptable for Britain to participate in any such project.

“It would endanger the integrity and accountability of our legal system. A Conservative government would not allow a European Public Prosecutor to have any authority in Britain. Labour and the Lib Dems should now match our position.”

A spokesman for the EU Commission said: "The Commission is looking at its options but no decisions have been made."
http://www.telegraph.co.uk/news/newstopics/politics/7377650/European-prosecutor-could-prosecute-Britons-without-Governments-permission.html