Independence of Prosecutors and Rule of Law: An EU Perspective

The independence of prosecution services from undue political influence constitutes everywhere an indispensable corollary to the independence of judicial systems, the fair and efficient functioning of justice, and therefore the rule of law. Prosecution services subject to undue influence from the executive open the door to politically motivated decisions, weak enforcement of corruption offences and threatens the functioning of the cooperation among EU Member States in criminal matters.
My contribution will focus on the EU perspective on the issue and will analyse the recent CJEU judgements on the EAW (OG&PI, and several judgments afterwards), which cast a doubt on the level of independence of European prosecutors from the national executives. I will also provide a brief overview of the particular features of the Italian prosecution service, which is characterised by a particularly high level of independence of public prosecutors.