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17 - A European Public Prosecutor Office to Protect Common Financial Interests

A Milestone for the EU Integration Process

from Part V - Institutions

Published online by Cambridge University Press:  09 February 2023

Kai Ambos
Affiliation:
Georg-August-Universität, Göttingen, Germany
Peter Rackow
Affiliation:
Georg-August-Universität, Göttingen, Germany
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Summary

A milestone of the European integration process, the European Public Prosecutor Office (EPPO) has been established in 2017 through the enhanced cooperation mechanism and has become operative in 2021. Following a biphasic idea of criminal proceedings, the investigative and prosecutorial powers related to crimes affecting the European financial interests. are exercised by EPPO at the EU level, while adjudicatory powers are exerted by national courts at the domestic level – this justifies the EPPO’s multi-layered system which is, moreover, characterized by a verticalization of judicial cooperation in criminal matters. While the material scope of the EPPO is narrowed both to the so-called ‘PIF’ offences and broader ‘ancillary offences’, only an interplay between European and domestic levels may ensure the effectiveness of the whole procedure. Yet, the applicable national law in case, cross-border investigation issues, evidence rules and defence rights are very sensitive issues that still rest unresolved as the EPPO Regulation did not deal clearly with those matters. Despite the numerous issues, the establishment of the EPPO might pave the way to a deeper cooperation in criminal matters among the EU and Member States, through a pragmatic approach which would show its results in the coming years.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2023

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References

Further Reading

Asp, P. (ed.), The European Public Prosecutor’s Office – Legal and Criminal Policy Perspectives, Stockholm: Stiftelsen Skrifter utgivna av Juridiska Fakulteren vid Stockholms Universitet, 2015.Google Scholar
Winter, L. Bachmaier (ed.), The European Public Prosecutor’s Office. The Challenges Ahead, Cham: Springer, 2018.CrossRefGoogle Scholar
Delmas-Marty, M. and Vervaele, J.A.E., The Implementation of the Corpus Juris in the Member States, Vol. I, Cambridge: Intersentia, 2000.Google Scholar
Geelhoed, W., Erkelens, L.H. and Meij, A. (eds.), Shifting Perspectives on the European Public Prosecutor’s Office, The Hague: Asser Press, 2018.Google Scholar
Grasso, G., Sicurella, R., Illuminati, G., and Allegrezza, S. (eds.), Le sfide dell’attuazione di una Procura europea: definizione di regole comuni e loro impatto sugli ordinamenti interni, Milano: Giuffrè, 2013.Google Scholar
Herrnfeld, H.-H., Brodowski, D. and Burchard, C. (eds.), European Public Prosecutor’s Office: EPPO, Baden Baden: Nomos, 2021.Google Scholar
Ligeti, K. (ed.), Toward a Public Prosecutor for the European Union, Oxford: Hart Publishing, 2013.Google Scholar
Ligeti, K., Antunes, M.J., and Giuffrida, F., The European Public Prosecutor’s Office at Launch, Milano: Wolter Kluwer, 2020.Google Scholar
Mitsilegas, V. and Giuffrida, F. (eds.), ‘Raising the Bar? Thoughts on the Establishment of the European Public Prosecutor’s Office’, (2017) CEPS Research Report www.ceps.eu/system/files/PI%202017-39%20Mitsilegas_Giuffrida_0.pdf (accessed 3 March 2022).Google Scholar

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