Abstract
This article critically examines the extent to which the European Public Prosecutor’s Office can be claimed to constitute a prime example of supranational criminal law. The article observes that among policymakers and commentators, the Office appears to be a hallmark of the transformation of EU criminal law from an intergovernmental paradigm to a strong federal and supranational polity. The article discusses the scope, nature and limits to the powers of the European Public Prosecutor’s Office, as well as its operating structure in light of Article 86 TFEU and the recently adopted EPPO Regulation. It departs from the basic assumption that the EPPO stands in the midst of supranationalism and intergovernmentalism. Whilst the EPPO is envisaged to be independent of the Member States, the Office’s complicated, multifaceted and vertical structure means that Member States are able to direct, to some extent, its activities. The article argues, however, that a general assessment of the Office’s operational and strategic direction (where its operational activities are managed and supervised by centralized ‘European’ prosecutors), and the type (direct criminal enforcement powers) of powers it has makes it distinctive as the most ‘integrated’ and ‘supranational’ EU agency.
Highlights
The European Public Prosecutor’s Office (EPPO), which will commence its operation in the very near future, appears to be an emblem for the transformation of EU criminalOberg law from an intergovernmental paradigm to a strong supranational polity
This article has critically analysed the extent to which the EPPO can be claimed to constitute a paradigmatic instance of supranational criminal law on the basis of the general ‘integration’ literature
It argued that the scope, type and character of the EPPO’s powers, the observation that the EPPO’s strategic management is derived from ‘supranational’ management positions and the fact that the EPPO independently is capable of enforcing PIF offences before the national courts makes it stand out as the most integrated and supranational EU agency
Summary
The European Public Prosecutor’s Office (EPPO), which (at this stage of writing) will commence its operation in the very near future, appears to be an emblem for the transformation of EU criminal. ) the perpetrators of, and accomplices in, offences against the Union’s financial interests’ It shall ‘exercise the functions of prosecutor in the competent courts of the Member States in relation to such offences.’[11] Whilst Article 86 TFEU does not in itself establish the EPPO, it provides the legal basis for the Council Regulation which created it.[12]. Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office, [2017] OJ L 283/1
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