European Public Prosecutor

Negotiations among EU member states in the Council on the legislative proposal for the set-up of a European Public Prosecution Office (EPPO) submitted in July 2013 are still ongoing. The negotiations have advanced on a number of controversial issues, including on the concept of ´one single legal area` that would enable the new supranational enforcement agency to operate across borders of all participating member states (note that Denmark and the UK have opted out; Sweden and the Netherlands remain in strong opposition to EPPO).  At the core of the debate are now still the appointment procedures, the authorisation of coercive measures and remedies against certain judicial decisions (type of court, European or national), including the choice of the competent jurisdiction. As it stands, the proposal suggests to leave the judicial review of decisions to the national regimes in EU member states, which raises concerns as to the appropriate protection of citizens’ fundamental rights, given the fragmentation of national provisions. Once established, the European Council may decide to expand the mandate of EPPO to not only coordinate investigations and prosecutions for fraud to better protect the financial interest of the Union but to also include grand corruption cases.