Prokuratura Europejska – wzmocnienie bezpieczeństwa czy zrzeczenie się suwerenności?

The EU legal solutions regulating the European Public Prosecutor's Office assume that Member States give up their sovereign competences regarding prosecution and accusation. Moreover, they significantly interfere with the rights and freedoms of their citizens. In particular, through the blankness of substantive penal norms. The lack of specificity of the acts for which this prosecutor's office can charge is a solution foreign to national legislation and the principle of nullum crimen sine lege. The regulation introduces the primacy of EU law over national law. For the above reasons, the only legal form for a Member State to join the European Public Prosecutor's Office is an international agreement and an appropriate legal act. In the Polish legal system, this type of agreement requires consent in the form of a ratification act adopted by a qualified majority of votes (by the Sejm by a 2/3 majority of Deputies in the presence of at least half of the statutory number of Deputies and by the Senate by a 2/3 majority of votes in the presence of at least half of the statutory number of Senators). Or in the form of a national referendum. The appropriate act should adapt national law to the requirements of the EU regulation. Under no cicumstances the accession of a Member State to the European Public Prosecutor's Office could be limited to the notification and decision of the European Commission, as was the case in our country recently.