The Future Eppo: What Role for the Cjeu?

Abstract

Article 86 TFEU relating to the establishment of a European Public Prosecutor's Office is not very explicit about how the office will work (structure, statute, procedure). In particular nothing is developed about relations with the Court of Justice. Yet the question is fundamental in that, more generally, it raises the question of the structuring of criminal justice and of the control (under different aspects: disciplinary, jurisdictional) of the European Public Prosecutor's Office. The question of the control over the European Public Prosecutor's Office or rather the role of the Court of Justice in relation to the future European Public Prosecutor's Office is dealt with in the proposal for a Council Regulation on the establishment of a European Public Prosecutor's Office of 17 July 2013 and in the European Parliament resolution of 12 March 2014 on the proposal for a Council regulation on the establishment of the European Public Prosecutor's Office. This contribution presents and discusses the main problems and challenges surrounding this question.