Protection of Fundamental Rights of the Suspect or Accused in Transnational Proceedings Under the EPPO

Abstract

The Regulation on the establishment of the EPPO must balance the objective of combatting crimes affecting the financial interests of the Union with the due protection of all fundamental rights enshrined in the Charter of Fundamental Rights of the EU. While a more efficient and effective supranational investigation and prosecution of such offences, within the limits laid down by the Regulation, is likely to be implemented, the protection of the rights of the suspect is mostly left to the national legislation of each Member State. Only few articles are dedicated specifically to procedural rights within the EPPO proceedings, so that uniform guarantees for the defence are limited to minimum standards required by the EU directives for strengthening the procedural rights of the suspected or accused persons in criminal proceedings. However, specific provisions refer to the investigation measures that the European Prosecutor is entitled to use, and to the conditions required to this end, including adequacy and proportionality, even though no common procedural rules are laid down. On the other hand, evidence shall not be rendered inadmissible at trial merely on the grounds that it was collected in another Member State. In conclusion, the Regulation does not reach a real harmonization of procedural safeguards and protection of the fundamental rights in criminal proceedings, and in this respect it can be seen as a missed opportunity.