The EPPO‘s Material Competence and the Misconception of „inextricably linked offences”

Abstract

The first year of operations of the European Public Prosecutor’s Office (EPPO) was basically very successful. However, also several problems came to light which the European Union’s first original prosecution authority has still to overcome. One of the most fundamental of these problems is the EPPO’s material competence for offences only “inextricably linked” to offences against the Union’s financial interests for which the EPPO shall, in principle, only be competent at present according to the Treaties. This article examines the concept of “inextricably linked offences” as it is enshrined in Regulation (EU) No. 2017/1939 today. In their current shape, the relating provisions are revealed to be highly problematic as they bear the potential to severely restrict the EPPO’s effectiveness. Therefore, the article proposes possible alternative designs as an incentive for a revision of the current guidelines and rules on the EPPO.