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Procuradoria-Geral da República. Um estudo da Fundação Francisco Manuel dos Santos sobre o Ministério Público na Europa.

The Public Prosecutor's Office in Europe

How does the Portuguese Public Prosecutor's Office compare to its European counterparts? What differences are there in its internal organisation? Or in its relationship with the other branches of government? Is the Portuguese Public Prosecution Service ready to face the challenges of the 21st century? Find the answer to these and other questions in this study by Fundação Francisco Manuel dos Santos.

3 min
Documents
The Public Prosecutor's Office in Europe

In the field of justice and law, the functioning and effectiveness of the Public Prosecutor's Office have long been controversial issues, simultaneously immersed in a more formal and technical discourse, little given to more practical and accessible reflections and, at the same time, exposed to the media coverage of modern society. In this study by Fundação Francisco Manuel dos Santos, José Martín Pastor begins by analysing the internal organisation of the Public Prosecutor's Office in a number of European countries and its relationship with the other powers of the state. In particular, he identifies:

  • the similarities between the Public Prosecutors' Offices of Spain, France, Italy, Germany, England, the Netherlands, Sweden and the United Kingdom
  • the differences between the Ministries of Public Prosecutions in these countries
  • the main trends in the internal organisation of Public Prosecutors' Offices in Europe.

Pedro Garcia Marques then carries out an analysis of the Portuguese Public Prosecutor's Office, focusing on:

  • its functioning
  • its relationship with sovereign bodies
  • the convergence of the Portuguese model with solutions in countries with similar legal systems.

Finally, Luís Eloy Azevedo takes a critical look at the challenges facing the Public Prosecutor's Office in the 21st century:

  • the multiple problems it faces
  • the diversity of solutions that prevail in Europe.

Through this study, FFMS seeks to foster informed and responsible debate on an issue that is as relevant as it is a priority for Portuguese society in the 21st century.

The necessary, serious and open rethink of the current Statute of the Public Prosecutor's Office in Portugal, freed from the weight of historical memory, requires aggressive astonishment and a mixture of courage, boldness and constitutional consensus that is difficult to achieve.
English