Traduction de «classement sans suite » (Français → Anglais) :

the right to an effective judicial remedy should be upheld at all times in respect of the European Public Prosecutor’s activity throughout the Union; therefore, decisions taken by the European Public Prosecutor should be subject to judicial review before the competent court; in this regard, decisions taken by the European Public Prosecutor before or independently from the trial, such as those described in Articles 27, 28 and 29 concerning competence, dismissal of cases or transactions, should be subject to the remedies available before the Union Courts. Article 36 of the proposal should be redrafted to avoid the circumvention of the Tr ...[+++]eaty provisions on the jurisdiction of the Union’s courts and a disproportionate limitation to the right to an effective judicial remedy under Article 47(1) of the Charter of Fundamental Rights;

Those that apply the mandatory prosecution principle apply discretionary criteria in certain circumstances, for example with the possibility of conditional discharge, and those applying discretionary criteria allow, for example, instructions from Prosecutors General or criminal policy guidelines from the Ministry of Justice and require reasons to be given for discharge decisions and/or appeal procedures to be available.

Unless there are exceptional circumstances requiring urgent measures, where a Commission department intends to propose that no further action be taken on a complaint, it will give the complainant prior notice thereof in a letter setting out the grounds on which it is proposing that the case be closed and inviting the complainant to submit any comments within a period of four weeks.

Infringement cases in which no letter of formal notice has been dispatched may be closed under a simplified administrative procedure that does not involve discussion by the College of Commissioners.

After investigating the complaint, Commission officials may ask the College of Commissioners either to issue a formal notice opening proceedings against the Member State in question, or to close the case definitively.

Unless there are exceptional circumstances requiring urgent measures, where it is envisaged that no further action shall be taken on a complaint, the Commission will give the complainant prior notice thereof in a letter setting out the grounds on which it is proposing that the case be closed and inviting the complainant to submit any comments within a period of four weeks.