The European Public Prosecutor's Office: Towards a Truly European Prosecution Service?

AuthorMichele Simonato,Katalin Ligeti
Published date01 March 2013
Date01 March 2013
DOI10.1177/203228441300400102
Subject MatterArticle
New Journal of Eu ropean Crimina l Law, Vol.4, Issue 1–2, 2013 7
ARTICLES
THE EUROPEAN PUBLIC PROSECUTOR’S
OFFICE: TOWARDS A TRULY EUROPEAN
PROSECUTION SERVICE?
K L and M S*
ABSTRACT
is Article provides an overview of the possible institutional designs of the European
Public Prosecutor’s O ce [EPPO] with a view to the forthcoming proposal of the
Commission. To this purpose, it clari es meaning, scope and limits of Article 86 TFEU.
Furthermore, it argues that in order for the EPPO to be able to act as a real European
prosecution service and for complying with the objectives of an Area of Freedom,
Security and Justice, a set of powers uniformly formulated and valid in all Member
States participating in the EPPO need to be elaborated.
Keywords: crimes against the  nancial interests of the EU; European Public
Prosecutor’s O ce; judicial cooperation in criminal matters; Lisbon Treaty;
procedura l safegua rds
1. THE ESTABLISHMENT OF THE EPPO: OUTLINE OF
THE DEBATE
e entry into force of the Lisbon Treaty re-launched the debate on the European
Public Prosecutor’s O ce (EPPO), which was sparked some  een years ago by the
Corpus Juris.1 e Commi ssion is now working on a proposal, which wil l be published
* Prof. Katali n Ligeti is professor of crimina l law at the University of Lu xembourg; Dr. Michele
Simonato is research a ssociate at the University of Luxemb ourg. Both authors particip ated in the
impact assessment study titled ‘Study on the impact of the di erent policy options to prot ect the
nancial interest s of the Union by means of crimi nal law, including the pos sibility of establi shing a
Euro pea n Pub lic P ros ecut or’s O  ce (EPPO)’.  e views expressed here repre sent the personal v iews
of the authors.
1 M. Delmas-Mar ty and J.A.E . Vervaele (eds.), e implementat ion of the Corpus Jur is in the Member
States, volumes 1–4, Inters entia, 2000; see a lso U. Sieber, Euro-fraud: Organise d Fraud Against the
Financial Interes ts of the European Union, in Cr ime, Law and Social Ch ange, 30, 1998, p.1 et seq.

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