Preliminary communication
The European Public Prosecutor’s Office between EU and National Law: The Challenge of Effective Judicial Protection
Valsamis Mitsilegas
; Queen Mary University of London, London, UK
Abstract
Even though the European Public Prosecutor’s Office (EPPO) aims
to Europeanise prosecution, the relationship between EU and national
law is not always clear, and many areas concerning the EPPO are left
to national laws to regulate. As a consequence, effective judicial protection and remedies are not secured in the EPPO Regulation. Bearing
in mind that the EPPO is a European agency, fundamental rights and
the rule of law must be safeguarded in its operation. The focus of this
article is on three levels of effective judicial protection in the operation
of the Regulation at the EU level: preliminary questions before the
CJEU, EU benchmarks on the rights of the defence, and the relationship
between the EPPO and the European Anti-Fraud Office (OLAF). The article aims to shed light on the gaps in, but also on the potential avenues for, effective judicial protection in the context of the operation of the EPPO.
Keywords
EPPO; effective judicial protection; Court of Justice of the European Union (CJEU); defence rights; OLAF
Hrčak ID:
244906
URI
Publication date:
15.10.2020.
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