The Legal Framework for the Protection of Fundamental Rights of the Suspect or Accused in Transnational Proceedings Under the EPPO

Abstract

The EPPO Regulation foresees that its activities shall be carried out in full compliance with the rights of suspects and accused persons enshrined in the Charter of Fundamental Rights of the European Union. This article analyses the protection of fundamental rights of suspected or accused persons in the light of fundamental rights, under European Union law and under national law. The EPPO Regulation also contains an Article to cover the question of judicial review, admitting that some procedural measures may be challenged before the CJEU and that the courts of the Member States shall be competent to review other procedural decisions taken by the EPPO in the performance of its functions, with the possibility of submitting a preliminary ruling to the CJEU. This provision shall also be analyzed here.