Editorial Issue 2/2024 21 November 2024
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Articles
The Establishment of the European Public Prosecutor's Office
The Road from Vision to Reality
The establishment of a European prosecution office with the competence to fight crimes against the financial interests of the EU has been the subject of discussion for many years . Twenty years after the Corpus Juris experts recommended setting up a European Public Prosecutor's Office (EPPO) and four years after the Commission tabled its proposal , the Regulation establishing the EPPO received the European Parliament's consent on 5 October 2017 and was finally adopted by the Justice and Home Affairs (JHA) Council on 12 October 2017 under enhanced cooperation with 20 Member States . The Regulation was published in the Official Journal on 31 October 2017 and entered into force on 20 November 2017.
The EPPO will be an independent European prosecution office competent for investigating and prosecuting the crimes.
This article sets out the main elements of the Regulation, outlines the expected advantages of the EPPO, illustrates the next steps …
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The Future of the European Union’s Financial Interests
Financial Criminal Law Investigations under the Lead of a European Prosecutor’s Office
The article reflects on the future of financial criminal law investigations of the EU. It departs from the experts’ studies conducted which have developed the Corpus Juris Model, and recalls the historic development of the subsequent institutional debate up to the Lisbon Reform Treaty. The reform on OLAF’s functional independence and accountability is put into the context of a possible work plan to complete the reflections. Ultimately, the author outlines a way ahead, which possibly enables financial criminal investigations of the EU to be conducted under the lead of a European Public Prosecutor’s Office.
Read moreThe European Public Prosecutor’s Office – More Effective, Equivalent, and Independent Criminal Prosecution against Fraud?
The adoption of the regulation establishing the European Public Prosecutor's Office is a decisive step in the completion of the institutional settings for the protection of the EU’s financial interests. This article looks back at the origins of the project and recalls its underlying rationale. It further critically analyses the legislative procedure, studies the contents of the compromise reached, and provides insight into the requirements for efficient operation of the EPPO in cooperation with its partners. By way of concluding remarks, three perspectives are outlined that require further analysis and closer scrutiny, i.e.:
- Efforts in common training schemes;
- Need for criminal investigation and enforcement support;
- Reflections on the merger of the EPPO and Eurojust
The Directive on the Fight against Fraud to the Union’s Financial Interests by means of Criminal Law (PFI Directive)
Laying down the foundation for a better protection of the Union’s financial interests?
This article gives an account of the negotiations of the Commission proposal for the Directive
on the fight against fraud to the Union's financial interests by means of criminal law ("PIF Directive"). It also outlines the key elements of the finally adopted legal instrument as well as its significance for the European Public Prosecutor’s Office. The article concludes that the comprehensive approach followed by the EU in fighting crime against the Union budget will lead to tangible results and a significantly better protection of the financial interests of the European Union.
The New Frontier of PFI Investigations
The EPPO and its Relationship with OLAF
I. Introduction On 20 November 2017, twenty days after its publication in the Official Journal of the European Union, Regulation 1939/2017 establishing the European Public Prosecutor’s Office – commonly referred to as the EPPO – entered into force. It is the most advanced stage in the creation of a common criminal justice area in the EU, as the EPPO is a true prosecutor’s office for conducting criminal investigations. It is – from the outset – not a coordination office, like Eurojust, and it is not an office for administrative investigations, like OLAF, but indeed a criminal investigation and prosecution office.... Read more
Editorial for
Issue 4/2017
Editorial Guest Editorial eucrim 4/2017
Dear Readers, Efficient and proper spending of the Union’s budget is a key element in preserving the trust of EU citizens and in boosting the strength of the European project. Fraud and corruption must be fought vigorously and effectively. The ultimate goal is a high and equivalent level of protection of the EU’s budget throughout the entire territory of the EU. Important milestones that changed the institutional and legal landscape for the protection of the Union’s budget were reached in 2017. In July, the Directive on the fight against fraud to the Union’s financial interests by means of criminal law... Read more