The long awaited establishment of the European Public Prosecutor‘s Office (EPPO) signifies a new era for EU criminal justice. EPPO shall investigate and prosecute crimes affecting the financial interests of the EU. For the first time, binding Union decisions are adopted in relation to individuals in the sensitive area of criminal law.
This working paper argues that assuming the “arch” is the EU criminal justice system and the “other stones” are national authorities, EPPO has been assigned with all the features, capacities and qualities to be considered as the “keystone” of the EU criminal justice system.
To this purpose it goes through the main provisions of the EPPO Regulation, focusing on its layout, functions and material competence of EPPO. It further considers its investigative and prosecutorial powers, the rights of suspects and accused, the judicial review of EPPO’s acts and its relations with the partners.
This contribution identifies the challenges and offers answers to the following questions: 1. Why is the EPPO so controversial? 2. What are the challenges it might face? 3. Has the new body lost its character by becoming too much of an emanation of the judicial structures of the member states? 4. Will EPPO finally have added value?
The analysis concludes that, though the EPPO Regulation leaves much to be desired, EPPO’s establishment will constitute a landmark development for the EU institutional set-up, despite all the unresolved issues and the remaining challenges will inevitably face.
Abstract
IXList of abbreviations
11. EPPO: an unprecedented actor in the EU criminal justice system
52. The road to EPPO: Connecting the dots
52.1. Brief historical background
72.2. The rationale for the establishment of the EPPO
92.3. A difficult compromise
153. Institutional aspects
153.1. Layout and powers
253.2. Independence and political accountability of the EPPO
294. Substantial legal aspects
294.1. Defining EPPO’s scope of competence
304.2. PIF Directive
344.3. VAT fraud
364.4. Inextricably linked crimes
374.5. Serious crimes
394.6. Shared competence
414.7. EPPO’s interaction with national authorities
455. Procedural legal aspects
455.1. Investigative and prosecutorial powers
455.1.1. Investigations
515.1.2. Prosecution and committal to trial
545.2. Rights of suspects and accused persons
605.3. Judicial review
656. The challenges of EPPO’s relations with its partners
656.1. Interaction with Eurojust
686.2. Interaction with OLAF
716.3. Interaction with Europol
726.4. Interaction with non-participating member states
756.5. Interaction with third countries and international organizations
797. Final considerations and perspectives
83Selected bibliography
83Documents from the EU institutions/agencies/bodies
84EU secondary law
85Books/Articles/Contributions to collective books
95Case-law of the ECJ
95Other
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