The Legitimization of the Delegated European Prosecutor: Analysis of Judgment No. 45407 of 2024

The recent ruling of the Court of Cassation No. 45407 dated September 17, 2024, represents an important step forward in defining the role of the delegated European Prosecutor within the context of appeals. This decision, presented by President E. D. S. and reporter A. R., offers significant insights into how and when this figure may exercise the right of appeal within the Italian legal system.

The Regulatory Context

The judgment in question fits into a complex regulatory framework. In fact, the delegated European Prosecutor is a role introduced by the CEE Commission regulation of October 12, 2017, which made significant changes to the code of criminal procedure. According to Article 30 of this regulation, the European Prosecutor has the power to conduct investigations and propose legal remedies, including appeals to the Court of Cassation.

The Court reiterated that, under the provisions of the New Code of Criminal Procedure, the delegated European Prosecutor is entitled to file an appeal to the Court of Cassation in proceedings where they have conducted investigations. This aspect is crucial, as it clarifies the scope of legitimization of this figure, making it comparable to that of the traditional public prosecutor.

Analysis of the Judgment's Headnote

Delegated European Prosecutor - Appeal to the Court of Cassation - Legitimization - Existence - Reasons. In terms of appeals, the delegated European Prosecutor, as entitled to pursue any remedy provided by the code of criminal procedure, is legitimized to file an appeal to the Court of Cassation in proceedings where they have conducted investigations.

The above headnote clearly highlights the power of the delegated European Prosecutor to intervene in appeals. The Court established that the legitimization to file an appeal to the Court of Cassation is not merely a formal matter, but is based on substantial reasons. This means that the delegated European Prosecutor not only has the right to act but also has the obligation to do so when they believe there are sufficient grounds to contest a judicial decision.

  • The delegated European Prosecutor can exercise their rights based on the investigations conducted.
  • Legitimization extends to all remedies provided by the code of criminal procedure.
  • The appeal to the Court of Cassation is a fundamental tool to ensure justice and compliance with the law.

Conclusions

In conclusion, judgment No. 45407 of 2024 represents an important clarification regarding the legitimization of the delegated European Prosecutor within the system of appeals in Italy. This decision not only strengthens the role of this figure in criminal investigations but also emphasizes the importance of ensuring that all parties involved in the process can effectively exercise their rights. The balance between justice and legality is fundamental for the proper functioning of the European and national legal system.

Bianucci Law Firm