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.

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