what issues are raised re rights of the accused?
– Once competent authorities become aware of proceedings in other Member States, the prosecuting authorities of a Member State should have the ability to refrain from initiating a prosecution, or to halt an existing prosecution, on the mere ground that the same case is being prosecuted in another Member State. Comment: very big development makes the decision on location of prosecution European and overrides domestic /constitutional provisions. This will inevitably lead to a debate on legal basis/EU competence to do such a thing. National sovereignty issue in terms of right to prosecute. How will this impact on your current national law on the decision to prosecute? 6) The Commission notes that refraining from initiating a prosecution (or halting an existing one) could raise problems to the legal order of Member States which adhere to the legality principle, where the competent authorities have a duty to prosecute every crime which falls within their competence. The suggestion is to dev