Abstract:

The EPPO is a kind of hybrid authority with cumulative competences encompassing investigative and prosecutorial functions. The concept of the EPPO has reactualised the locus regit actum principle. The applicable national law is the law of the MS whose European Delegated Prosecutor is handling the case. National law will apply to the extent that a matter is not regulated by the EPPO Regulation, and, in the case where a matter is governed by both national law and the EPPO Regulation, the latter will prevail. The way of determining the national law and the possibilities of applying one national law during the investigation and another during the trial makes it hard for citizens to foresee the consequences of the proceedings, which means that this may be considered unfair and in contradiction with the equality of arms principle. Regarding the principles for cooperation, outside the EU, cooperation is based on the principle of mutual legal assistance, and, inside the EU and linked with the EPPO, cooperation is based on the principle of sincere cooperation, as the key principle of general application in the EU legal order. Having in mind that admissibility rules are closely connected with the legality of gathered evidence and exclusionary rules, this is an issue that raises concerns since there are huge differences between the legal systems of participating MSs, non-participating MSs (NPMSs), and third countries. The need for judicial review of the EPPO’s procedural acts is commonly deemed necessary, but there is no accepted model, either regarding the scope of judicial review, or the EPPO’s autonomous powers. Having in mind differences in national legislations, the dilemma of whether decisions to open, conduct or close a criminal investigation fall within the discretion of the EPPO or whether they are related to human rights and are subject to judicial review presents itself as a stumbling block. It is also necessary to amend and adjust national legislation regarding the prosecution office, and court competences and codes of criminal procedure as preconditions for the successful integration of the EPPO into national criminal justice systems.

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