Concept and Foundations of the European Public Prosecutor’s Office
Die European Public Prosecutor’s Office (EPPO) is an independent institution of the European Union, responsible for the criminal investigation and coordination of cross-border offenses to the detriment of the EU’s financial interests. It plays a central role in the European criminal justice system and represents a significant step in European integration in the area of justice and home affairs.
Legal Basis and Development
Primary Legal Basis
The legal basis of the European Public Prosecutor’s Office is found in Article 86 of the Treaty on the Functioning of the European Union (TFEU). According to paragraph 1, the Council may establish a European Public Prosecutor’s Office in order to combat serious crimes affecting the financial interests of the Union.
Mention in the TFEU
Article 86 TFEU stipulates:
- Establishment: The Public Prosecutor’s Office can be created by the Council through a special legislative procedure with the consent of the European Parliament.
- Functions: The functions are limited to the investigation, prosecution, and indictment of offenses to the detriment of the EU budget.
Secondary Legal Specification
The specific organizational and functional requirements of the European Public Prosecutor’s Office are established by Regulation (EU) 2017/1939 of 12 October 2017 (also: EPPO Regulation). It entered into force on 20 November 2017 and set the course for the practical implementation and institutionalization of the EPPO.
Jurisdiction and Scope of Competence
Material Jurisdiction
The European Public Prosecutor’s Office is responsible for investigating, prosecuting, and indicting crimes to the detriment of the financial interests of the European Union. This includes in particular:
- Fraud related to EU funds
- Corruption affecting the EU’s financial interests
- Money laundering in connection with EU funds
- Organization and participation in offenses affecting the financial interests of the Union
The specific determination of the relevant criminal offenses is made through the Directive (EU) 2017/1371 (PIF Directive) for the protection of the Union’s financial interests through criminal law.
Territorial Jurisdiction
The jurisdiction of the European Public Prosecutor’s Office extends exclusively to those EU Member States that participate in the EPPO within the framework of enhanced cooperation according to Art. 86 TFEU. Not all EU Member States are currently part of the European Public Prosecutor’s Office.
Personal Jurisdiction
The European Public Prosecutor’s Office may prosecute both natural and legal persons, provided that their actions fall under the aforementioned criminal offenses.
Structure and Organization
Structure of the Authority
The European Public Prosecutor’s Office is organized as a decentralized European authority and is composed of several levels:
European Level
- European Chief Prosecutor: Leads and represents the EPPO externally
- Chambers: General meeting and permanent chambers, which decide on important cases
- European Prosecutors: Appointed representatives of the participating Member States, responsible for overall oversight and coordination
National Level
- European Delegated Prosecutors: Based in the respective Member States, acting as organs of the EPPO on site. They conduct investigations and prosecutorial measures and cooperate with national law enforcement authorities.
Independence of the Authority
The EPPO operates independently of the Member States and EU institutions. Its decision-makers are not subject to any external instructions and must not be influenced by national governments or other bodies.
Investigative and Procedural Powers
Investigative Powers
The European Delegated Prosecutors have extensive investigative powers. In particular, they may:
- Instruct the police and other national investigative authorities to conduct investigations
- Order searches, surveillance, and seizures (depending on national law)
- Issue European Investigation Orders
Cooperation with national authorities
The EPPO works closely with the law enforcement authorities of the Member States. The national authorities are obliged to assist. In this regard, the principle of cooperationapplies, in particular concerning cooperation, obligations to provide information, and mutual assistance.
Judicial procedure and prosecution
The prosecution in court generally takes place before the competent courts of the respective Member State in which the offense was committed. The European Delegated Prosecutors act as prosecutors in these proceedings.
Relationship with Other Institutions
Cooperation with OLAF
The European Public Prosecutor’s Office collaborates in particular with the European Anti-Fraud Office (OLAF). While OLAF carries out administrative investigations, the EPPO prosecutes offenses criminally. The cooperation is detailed in the EPPO Regulation and other agreements.
Relationship with Eurojust
The EPPO works together with Eurojust as far as necessary to carry out its tasks. The precise division of responsibilities is set out in the Regulation and is intended to avoid overlaps.
Legal Protection and Oversight
Appeal Procedures
Decisions of the EPPO are subject to judicial review by the courts of the relevant Member State before which the criminal proceedings are conducted. Certain decisions may also be challenged before the Court of Justice of the European Union .
Internal and External Oversight
The activities of the EPPO are monitored by internal mechanisms (general meeting, permanent chambers) as well as external bodies (European Court of Auditors, European Parliament).
Significance of the European Public Prosecutor’s Office
With the creation of the European Public Prosecutor’s Office, a decisive step was taken towards strengthening criminal law integration in the European Union. The EPPO makes a significant contribution to effectively combating economic crime and fraud to the detriment of EU finances. Through the central coordination of cross-border investigations, a harmonized and more efficient approach to combating complex and organized crime in the EU internal market emerges.
Literature and Legal Sources
- Treaty on the Functioning of the European Union (TFEU), in particular Art. 86 TFEU
- Regulation (EU) 2017/1939 on the Implementation of Enhanced Cooperation on the Establishment of the European Public Prosecutor’s Office
- Directive (EU) 2017/1371 (PIF Directive)
- Publications and materials of the European Public Prosecutor’s Office (www.eppo.europa.eu)
This article provides a comprehensive legal overview of the European Public Prosecutor’s Office and explains its foundations, duties, organization, as well as its relationship with other European institutions and the practical significance for European criminal prosecution law.
Frequently Asked Questions
How is the relationship between the European Public Prosecutor’s Office (EPPO) and the national law enforcement authorities regulated?
The relationship between the European Public Prosecutor’s Office (European Public Prosecutor’s Office, EPPO) and the national law enforcement authorities is essentially regulated in Council Regulation (EU) 2017/1939 of 12 October 2017. The EPPO is a supranational investigation and prosecution authority that investigates and prosecutes independently in the participating Member States where offenses to the detriment of the Union’s financial interests (“PIF offenses”) are concerned.
Despite its own competencies, the EPPO is closely linked with the national authorities, particularly through the European Delegated Prosecutors (EDPs), who act as an extension of the EPPO in the Member States. They perform tasks for both the EPPO and the national prosecution system. Investigations are generally conducted according to national law, unless otherwise stipulated by the EPPO Regulation (Art. 5, 13 et seq.). National authorities remain competent for offenses outside the EPPO’s mandate. Clear allocation of competences and cooperation obligations ensure there are no overlaps or gaps in prosecution. In case of conflict, the Regulation provides that the EPPO has priority, provided it is competent. National authorities are obliged to support the EPPO and take all measures available under national law when instructed to do so.
How is the independence of the European Public Prosecutor’s Office ensured?
The independence of the EPPO is a central principle and is explicitly enshrined in Art. 6 of Regulation (EU) 2017/1939. The structure of the authority has been deliberately designed so that it operates independently of national governments and institutions of the European Union. The members of the EPPO – consisting of the European Chief Prosecutor, the 22 European Prosecutors (one from each participating Member State), and the numerous European Delegated Prosecutors in the countries – act solely in the interests of the European Union. Neither national governments, nor EU bodies, institutions or agencies are permitted to attempt to influence investigations or proceedings conducted by the EPPO.
Independence is also ensured by the appointment of the Chief Prosecutor and the European Prosecutors by a European selection and appointment committee, with term of office, removal, and disciplinary measures subject to strict legal requirements. Transparent regulations further govern accountability, so that public oversight is ensured without interfering with operational decisions.
In which cases does the EPPO have priority over the national law enforcement authorities?
According to Art. 25 para. 2 of Regulation (EU) 2017/1939, the EPPO has priority over the competent national authorities in the prosecution of offenses within its jurisdiction, in particular fraud, corruption, and money laundering affecting the EU budget (“PIF offenses”). In such cases, national authorities may only continue their own investigations as long as the EPPO has not initiated proceedings. Once the EPPO opens a case, it takes the lead in the investigation; national authorities are then obliged to discontinue or transfer their own investigations.
There are detailed rules to avoid jurisdictional conflicts: In the event of disputed jurisdictional questions, a decision by the EPPO’s central college is foreseen, which is binding. The priority rule serves to prevent parallel proceedings and disputes over competences, ensuring both efficiency and the rule of law in the prosecution of offenses affecting the EU’s interests.
What is the legal status of the accused person in proceedings before the European Public Prosecutor’s Office?
Persons accused in investigative proceedings before the EPPO enjoy all procedural rights guaranteed in the participating states and at EU level. The Regulation provides that the EPPO’s investigations are conducted in accordance with the applicable national procedural rules, unless the Regulation contains specific rules. Fundamental rights such as the right to a fair trial, the presumption of innocence, the right to defense, access to files, an interpreter and legal assistance, as well as the right not to testify against oneself, must be respected at all times.
The EPPO is explicitly required to ensure that proceedings comply with the Charter of Fundamental Rights of the EU as well as the European Convention on Human Rights (ECHR). In addition, there is the possibility to have certain procedural decisions reviewed by national courts. In the event of court proceedings before national courts, the safeguards of the respective Member State and the EU Charter of Fundamental Rights apply.
To what extent is judicial review of the decisions of the European Public Prosecutor’s Office possible?
Judicial oversight of the actions and decisions of the EPPO is primarily exercised by the competent national courts of the participating Member States. When an investigation or prosecution concludes, the matter is brought before a national court, which reviews all relevant procedural measures—such as admission of the charges, detention orders, seizures, or discontinuations.
In addition, the case law of the Court of Justice of the European Union (CJEU) may be involved, for example in the context of a preliminary ruling procedure, when questions of Union law require clarification. However, direct judicial control over the lawfulness of procedural acts usually lies with the respective national judicial system. This dual control system thus ensures both effective and lawful review of the EPPO’s activities.
What legal possibilities do affected persons have to defend themselves against investigative measures by the EPPO?
Affected persons can defend themselves against investigative measures by the EPPO—such as searches, seizures, or arrests—using legal remedies provided under national law. Regulation (EU) 2017/1939 expressly provides that suspects and third parties may appeal to national courts to challenge or have measures reviewed, provided these are based on the law of the respective Member State (Art. 42). Thus, the entire range of appeals available in national criminal proceedings is open to them.
Additionally, affected parties can also invoke direct EU law and the European Charter of Fundamental Rights. Insofar as the regulation itself contains relevant provisions and no national legal remedies are available, an action before the Union courts, in particular the General Court of the European Union or the European Court of Justice, may be considered. In practice, this ensures comprehensive and effective legal protection.
How do the procedural outcomes of the European Public Prosecutor’s Office take effect in the participating Member States?
If the EPPO decides to discontinue an investigation, bring charges, or make another final decision, these decisions are binding on the national authorities. According to Article 36 of the Regulation, all procedural outcomes of the EPPO must be recognized and enforced in the Member States as if they were national criminal prosecution decisions. The principle of mutual recognition in EU criminal law is applied accordingly. National courts only review whether the minimum procedural standards and procedural rights have been observed. The binding nature of the decisions is intended to ensure that no state can obstruct effective prosecution of European financial crimes and that the objectives of the EPPO are not undermined.
