Cooperation of the European Public Prosecutor’s Office with third countries, in particular the Swiss Confederation

Abstract

The 1959 European Convention on Mutual Assistance in Criminal Matters under the auspices of the Council of Europe is a treaty which has a significant impact on the cooperation in criminal matters of the European states. Judicial authorities are the most important channels ofsuch a cooperation. However, it is legally uncertain whether the European Public Prosecutor’s Office as an independent body of the European Union may enterinto a direct cooperation with third countries under the 1959 Convention. According to the legal interpretation by the Swiss Confederation, the recognition of the European Public Prosecutor’sOffice as a judicial authority,therefore its direct participation in the inter-state relations aiming criminal cooperation is unacceptable due to the fact that the contracting parties of the 1959 Convention are states, neither the European Union nor the European Public Prosecutor’s Office are contracting parties. This confirms the hypothesis that the re-opening of those agreements concluded on the basis of public international law may be unavoidable when third countries intend to establish a direct cooperation with the European Public Prosecutor’s Office in criminal matters.