Abstract
This article provides an introduction to the proposal for a Council Regulation on the establishment of the European Public Prosecutor’s Office, adopted by the European Commission on 17 July 2013. The author outlines the governing structure of this office, its competences and the investigative measures available, as well as forms of judicial remedies. The proposal foresees the creation of an independent, decentralised and integrated prosecution office to effectively combat crimes affecting the financial interests of the Union. This novel approach, which is based on the Treaty of Lisbon, would constitute a significant development in the field of EU criminal law policy and bring about the desired added value and coherence in the protection of the financial interests of the Union.
The author is Policy Officer at the European Commission, DG Justice, Unit B2 (Criminal Law).
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Notes
- 1.
See Chap. 1 of this volume: ‘Introduction’.
- 2.
COM 2013 534. See the Appendix to this Volume. Hereafter ‘EPPO proposal’.
- 3.
Article 86 TFEU.
- 4.
See the Impact Assessment accompanying the Commission’s proposal, SWD (2013) 274 of 17.7.2013.
- 5.
For more details, see the Impact Assessment supra n. 4.
- 6.
Article 6.1 of the EPPO proposal.
- 7.
Articles 8(1) and 9(1) of the EPPO proposal.
- 8.
Article 10(1) of the EPPO proposal.
- 9.
Recital 12 of the EPPO proposal.
- 10.
Article 18(4) of the EPPO proposal.
- 11.
Article 18(5) and (6) of the EPPO proposal.
- 12.
Article 27(2) of the EPPO proposal.
- 13.
Criteria laid down in Article 28 of the EPPO proposal.
- 14.
Article 27(4) of the EPPO proposal.
- 15.
Recital 13 of the EPPO proposal.
- 16.
Article 10(2) of the EPPO proposal.
- 17.
Article 26(2) of the EPPO proposal.
- 18.
Article 10(3) of the EPPO proposal.
- 19.
See Article 6(5) second sentence of the EPPO proposal.
- 20.
Article 6(5) of the EPPO proposal.
- 21.
Article 6(7) of the EPPO proposal.
- 22.
Article 6(6) of the EPPO proposal.
- 23.
An obligation as provided for in Article 325(1) TFEU.
- 24.
Article 11(7) of the EPPO proposal.
- 25.
See Impact Assessment supra n. 4.
- 26.
Article 11(4) of the EPPO proposal.
- 27.
Article 86 TFEU.
- 28.
Article 13 of the EPPO proposal.
- 29.
Article 26 of the EPPO proposal.
- 30.
Article 26(4) of the EPPO proposal.
- 31.
Article 30 of the EPPO proposal.
- 32.
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the protection of the financial interests of the European Union by criminal law and by administrative investigations, COM (2011) 293, see p. 6 and following.
- 33.
See in particular OLAF Report 2011, p. 35 and following, mentioning among others that: ‘[…] practitioners have pointed out that mutual legal assistance has its limits, that the use of evidence in cross-border cases is sometimes problematic and that there is a tendency to limit prosecutions to domestic cases and disregard the European dimension’. http://ec.europa.eu/anti_fraud/documents/reports-olaf/2011/olaf_report_2011_en.pdf (Accessed June 2014).
- 34.
Article 36 of the EPPO proposal:
Judicial review:
1. When adopting procedural measures in the performance of its functions, the EPPO shall be considered as a national authority for the purpose of judicial review.
2. Where provisions of national law are rendered applicable by this Regulation, such provisions shall not be considered as provisions of Union law for the purpose of Article 267 of the Treaty.
- 35.
Judgment of 22 October 1987, Foto-Frost/Hauptzollamt Lübeck-Ost, Case 314/85.
- 36.
See the Impact Assessment supra n. 4.
- 37.
Article 267 TFEU.
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Alexandrova, V. (2015). Presentation of the Commission’s Proposal on the Establishment of the European Public Prosecutor’s Office. In: Erkelens, L., Meij, A., Pawlik, M. (eds) The European Public Prosecutor’s Office. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-035-0_2
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