Review article
The Substantive Jurisdiction of the European Public Prosecutor’s Office: the Croatian Perspective
Lucija Sokanović
; Pravni fakultet, Sveučilište u Splitu, Split, Hrvatska
Abstract
A significant phase in the development of the criminal law of the European Union, the
beginning of which is traditionally considered to be the decision of the Court of Justice of 1989
in the Greek corn case, has been completed with the establishment of the European Public
Prosecutor’s Office. The regulation of material competence, although considered of significant
importance, has remained one of the last issues. The objectives of the paper are to determine
which criminal offences are subject to investigation, prosecution and indictment by the EPPO,
the repercussions of a previous determination in the context of national criminal law, and
whether the material competence provisions are in accordance with the requirements of material
legality. The material competence of the EPPO is determined by Council Regulation (EU)
2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the
European Public Prosecutor’s Office (“EPPO”) and national criminal law through the transposition
of the PIF Directive. The central part of the EPPO’s material competence is criminal
offences against the financial interests of the Union, so-called PIF offences, and, subsequently,
inextricably linked offences and offences regarding participation in a criminal organisation,
if the focus of the criminal activity of such a criminal organisation is to commit any of the
offences against the financial interests of the Union. The transposition of the PIF Directive
has been superficial in the Republic of Croatia. An analysis of these offences shows that the
requirements of material legality, which consists of the perpetrator having the right to know
for which offences he or she may be held responsible and what punishment can be imposed,
have not been fully met.
Keywords
European Public Prosecutor’s Office; material competence; fraud affecting the Union’s financial interests; inextricably linked offences; VAT own resources
Hrčak ID:
232782
URI
Publication date:
2.12.2019.
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