The European Public Prosecutor's Office (EPPO) as the keystone of the EU criminal justice system
orking Paper. Διεύθυνση Σειράς Χριστίνα Δεληγιάννη-Δημητράκου
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ISBN: 978-960-568-876-9
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The European Public Prosecutor's Office (EPPO) as the keystone of the EU criminal justice system
Περιγραφή

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