Review article

https://doi.org/10.54070/hljk.31.2.9

“Eppo Si Muove?”: Judicial Review of the European Public Prosecutor’s Acts Between the EU and Member States

Darija Željko Mrljak ; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska *

* Corresponding author.

Abstract

The issue of judicial review of the acts of the European Public Prosecutor’s Office (EPPO) is particularly sensitive due to the hybrid nature of this supranational prosecutorial body. Consequently, during the development of the EPPO, this issue emerged as one of the main “stumbling blocks” in the lengthy dialogue among various institutions, which, along with the participating Member States, contributed to the final design of the EPPO. This paper, through the lens of an analysis of the provisions on judicial review, traces key stages of the legal-historical development of the EPPO, culminating in the final text of Council Regulation (EU) 2017/1939 of 12 October 2017, on the implementation of enhanced cooperation concerning the establishment of the European Public Prosecutor’s Office. The paper aims to demonstrate that, despite some progress in the text of the Regulation, it was evident from the outset that the rules applicable to the judicial review of EPPO measures would not follow the classic framework applied to other EU bodies and agencies. Article 42 of the Regulation, which deals with judicial review, is analysed, along with critical perspectives from leading experts in European criminal law. These critiques focus on the solution that predominantly leaves judicial review of EPPO acts to the courts of the participating Member States rather than to the Court of Justice of the EU, raising concerns about the uniformity of the judicial review system established by the Union’s primary law. To illustrate the complexity of the judicial review of investigative measures in cross-border investigations led by the handling delegated European prosecutor, with the involvement of an assisting delegated European prosecutor from another Member State, the paper examines the first decision of the Court of Justice of the EU in Case C-28/22, which pertains to the EPPO. In conclusion, the paper offers insights into the future development of the (split) judicial control of EPPO acts between the Court of Justice of the EU and the Member States.

Keywords

European Public Prosecutor’s Office, judicial review, Court of Justice of the EU, Article 42 of the Regulation, Case C-281/22

Hrčak ID:

328348

URI

https://hrcak.srce.hr/328348

Publication date:

4.12.2024.

Article data in other languages: croatian

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