What is the European Public Prosecutor's Office (EPPO) and what is its legal status?

The European Public Prosecutor's Office (EPPO) is an independent body of the European Union (EU) that possesses juridical personality. It was established under the Treaty of Lisbon through a method of enhanced cooperation among 24 of the 27 EU member states. This means it has its own legal rights and obligations, separate from individual member states.

When was the EPPO formally established and what legislative act formalized its creation?

The EPPO was formally established with the adoption of Regulation (EU) 2017/1939 on October 12, 2017. This regulation serves as the EPPO's legal basis, detailing its objectives, structure, jurisdiction, and operational procedures.

What is the primary mandate and jurisdiction of the EPPO?

The EPPO's primary mandate is to investigate and prosecute offenses that harm the financial interests of the EU, such as fraud, corruption, and money laundering. These specific criminal offenses are defined by Directive (EU) 2017/1371, also known as the PIF Directive.

Where are the headquarters of the European Public Prosecutor's Office located?

The EPPO's headquarters are located in Kirchberg, Luxembourg City, Luxembourg. It shares this location with other significant EU judicial bodies, including the Court of Justice of the European Union (CJEU) and the European Court of Auditors (ECA).

Who was an early and strong advocate for the establishment of a European Public Prosecutor's Office?

Franco Frattini, the former Commissioner for Justice, Freedom and Security, strongly backed the early proposals for the EPPO. In August 2007, he expressed his conviction that Europe would eventually have a general prosecutor to address financial crime, fraud, and counterfeiting at the European level.

How did the Treaty of Lisbon influence the creation of the EPPO?

The Treaty of Lisbon, signed in late 2007 by all EU Member States, explicitly referred to the idea of creating a European Public Prosecutor's Office. This provision was intended to combat crimes affecting the financial interests of the Union and, potentially, serious cross-border crime, providing a crucial legal foundation for the EPPO's eventual establishment.

What was the significance of the International Seminar in Madrid regarding the EPPO?

The International Seminar in Madrid, called by Spanish Attorney General Cándido Conde-Pumpido and led by Prosecutors Jorge Espina and Isabel Vicente Carbajosa, studied the new institution and its implementation possibilities. Its presentations, discussions, and conclusions, published in 'The future European Public Prosecutor's Office,' have since guided proposals for the EPPO's implementation.

What specific incident prompted Spain to advocate for the EPPO's role in protecting the euro currency in 2010?

Following the short selling of certain euro-zone financial products in 2009 and 2010, Spain proposed that the EU activate the European Public Prosecutor's Office provision. Spanish Attorney General Cándido Conde-Pumpido stated in March 2010 that the post could coordinate legal action to protect the euro against speculators.

What was Eurojust's perspective on the EPPO in 2010, despite initial opposition from some member states?

In March 2010, Eurojust identified the European Public Prosecutor's Office as a potential solution to the challenge of cross-border crime within the EU. Despite concerns from some member states about impingement on their sovereignty due to necessary legal code harmonization, Eurojust proceeded to establish a working group to further study the concept.

When and by whom was a formal draft for the EPPO's implementation launched during the Spanish Presidency?

In March 2010, during the Spanish Presidency, Spanish Attorney General Cándido Conde-Pumpido officially launched a technical draft for the implementation of the European Prosecutor. This initiative was based on Article 86 of the Treaty of Lisbon and developed from conclusions of international conferences held in 2008 and 2009.

What was the outcome of the discussion on the EPPO's creation at the Luxembourg Council in April 2010?

The creation of the EPPO was discussed by the Ministers for Justice and Home Affairs in Luxembourg on April 27, 2010, following the Spanish proposal. However, its implementation was suspended at that time, with further discussion planned for 2013.

What were the objectives of the strategic seminar held by the Belgian Presidency and Eurojust in Bruges in September 2010?

The strategic seminar, held on September 21 and 22, 2010, at the College of Europe in Bruges, aimed to develop Eurojust in light of the Lisbon Treaty and explore the potential establishment of a European Public Prosecutor's Office from Eurojust under Article 86 TFEU.

When did European Commission President Jose Manuel Barroso announce the upcoming proposal for the EPPO?

European Commission President Jose Manuel Barroso announced on September 12, 2012, in his State of the Union speech to the European Parliament, that a proposal for the creation of a European Public Prosecutor would be presented soon, emphasizing a commitment to upholding the rule of law.

Which European Commissioners were instrumental in proposing the regulation for the EPPO's establishment in July 2013?

The European Commission, at the initiative of Vice-president Viviane Reding and Commissioner Algirdas Semeta, proposed a regulation for the establishment of a European Public Prosecutor's Office (EPPO) on July 17, 2013.

What were the three main options considered for the scope of the EPPO's mandate during the Barroso Commission proposals?

During the Barroso Commission proposals, three main options for the EPPO's scope were considered: maintaining criminal investigations of PIF offenses exclusively by Member State authorities, establishing the EPPO with a limited mandate for PIF offenses, or establishing the EPPO with an extended mandate covering PIF offenses and other serious cross-border crimes like money laundering, corruption, and accounting offenses.

What were the anticipated positive impacts of establishing the EPPO, according to the Barroso Commission proposals?

The establishment of the EPPO was expected to lead to a more effective, dissuasive, and equivalent criminal law protection of the Union's financial interests. It was projected that irregularities affecting the European budget, potentially exceeding €1 billion annually, could be significantly reduced by the EPPO's direct investigations and prosecutions across the EU, also achieving economies of scale for justice budgets.

How did the European Commission address concerns about subsidiarity regarding the EPPO in November 2013?

In November 2013, after 14 national parliamentary chambers in 11 Member States raised concerns, the European Commission concluded in a report that the establishment of a European Public Prosecutor's Office complied with the principle of subsidiarity. This principle ensures that decisions are taken as closely as possible to the citizen.

Who was appointed as the first European Chief Prosecutor, and when was this agreed upon?

Laura Codruța Kövesi was agreed upon by the European Parliament and the Council of the European Union to be appointed as the European Chief Prosecutor on September 23, 2019. She officially began her non-renewable 7-year term on October 31, 2019, hailing from Romania.

What specific financial thresholds define the EPPO's jurisdiction for fraud concerning EU funds and cross-border VAT fraud?

The EPPO is responsible for investigating and prosecuting fraud against the EU budget, including fraud concerning EU funds exceeding €10,000, and cross-border Value Added Tax (VAT) fraud cases where the damages are above €10 million.

How does the EPPO's authority enhance the fight against EU financial crimes compared to previous bodies?

Previously, only national authorities could investigate and prosecute these crimes, and their actions were limited by national borders. Unlike OLAF, Eurojust, and Europol, which had limitations in direct prosecution, the EPPO has the authority to directly investigate and prosecute these crimes across participating member states, representing a significant step towards a more integrated approach.

Describe the two-tiered or hybrid structure of the EPPO.

The EPPO operates with a two-tiered, hybrid structure. At the central level, it is headed by the European Chief Prosecutor, supported by 22 European Prosecutors and technical staff. At the national level, European Delegated Prosecutors are located in each participating Member State, carrying out investigations and prosecutions on the ground, making it a blend of centralized oversight and decentralized action.

What are the key responsibilities of the European Chief Prosecutor?

The European Chief Prosecutor is the head of the EPPO, responsible for organizing its work, directing its activities, and representing the office externally. The Chief Prosecutor also presides over the College of the EPPO.

What is the composition of the College, the governing body of the EPPO?

The College of the EPPO, which serves as its governing body, consists of the European Chief Prosecutor and one European Prosecutor from each participating Member State. Two of these European Prosecutors also serve as Deputies for the European Chief Prosecutor.

What is the primary role of the European Prosecutors within the EPPO's structure?

The European Prosecutors, who are distinct from the European Chief Prosecutor and European Delegated Prosecutors, primarily supervise the European Delegated Prosecutors. These Delegated Prosecutors are the ones who conduct investigations on the ground in the participating Member States.

When were the first cohort of European Prosecutors appointed and sworn into office?

The first cohort of European Prosecutors was appointed by the Council of the EU at the end of July 2020. They were subsequently sworn in before a judge at the European Court of Justice on September 28, 2020.

What are the internal decision-making rules for the College of the EPPO called?

The decisions of the College of the EPPO are based on internal decision-making rules, which are referred to as Procedural Rules.

What is the composition and main responsibility of the Permanent Chambers of the EPPO?

Each Permanent Chamber of the EPPO consists of three members: two European Prosecutors and a chairperson, who can be the European Chief Prosecutor, one of their deputies, or another European Prosecutor. These Chambers are responsible for controlling the investigations conducted by the European Delegated Prosecutors and making decisions on matters such as filing charges or discontinuing proceedings.

What is the 'right of evocation' in the context of the EPPO's Permanent Chambers?

The 'right of evocation,' as outlined in Article 27 of the EPPO Regulation, is a power that can be ordered by the Permanent Chambers. This right allows the Chambers to take over a case from a European Delegated Prosecutor, ensuring central oversight and consistency in investigations.

What is the core function of the European Delegated Prosecutors?

European Delegated Prosecutors are at the core of the EPPO's investigative work, carrying out their duties locally within their respective member states. They are responsible for prosecuting PIF offenses and operate independently, free from instructions by national authorities.

How many European Delegated Prosecutors are envisioned across the EU, and what was the status of appointments as of August 2, 2021?

According to an internal EPPO agreement, there are expected to be 140 European Delegated Prosecutors across the Union. As of August 2, 2021, the number of proposed and appointed prosecutors varied among participating member states. For example, Germany had 11 proposed and 11 appointed, all of whom had started working, while Slovenia had 0 proposed, 0 appointed, and 0 started at that time.

What caused the delay in Finland appointing its European Delegated Prosecutors when the EPPO launched operations?

When the EPPO began operations on June 1, 2021, Finland had not yet appointed its European Delegated Prosecutors due to a disagreement. The Finnish government preferred to appoint part-time prosecutors, citing a low expected workload, while European Chief Prosecutor Laura Kövesi insisted on full-time contracts for all European Delegated Prosecutors.

How was the dispute over Finland's European Delegated Prosecutors resolved?

A compromise was reached between the Finnish authorities and the EPPO in early June 2021 regarding the appointment of European Delegated Prosecutors. Following this agreement, the College of the EPPO appointed the Finnish European Delegated Prosecutor a month later.

What was the 'Janša Appointment Affair' concerning Slovenia's European Delegated Prosecutors?

The 'Janša Appointment Affair' refers to the situation where Slovenia's acting head of government, Janez Janša, prevented the selection and nomination of two Slovenian European Delegated Prosecutors shortly before the EPPO's launch. This led to the resignation of Slovenia's Justice Minister, Lilijana Kozlovič, and raised concerns about political interference.

What was the alleged reason behind Janez Janša's opposition to the Slovenian prosecutor nominations?

Media outlets like ORF reported allegations that Janez Janša might have opposed the nomination of the two Slovenian prosecutors because they had previously been involved in investigations against him. This suggested a potential conflict of interest or an attempt to avoid scrutiny.

How did the European Commission's proposal for the EPPO's establishment proceed after the Council failed to reach unanimity?

After the Council concluded on February 7, 2017, that no consensus existed among member states on the proposed regulation, 17 EU member states requested on February 14, 2017, that the proposal be referred to the European Council for consideration. When no agreement was reached there on March 9, 2017, a group of member states proceeded with enhanced cooperation.

Under which Treaty on the Functioning of the European Union (TFEU) article was the enhanced cooperation for the EPPO established?

The enhanced cooperation for the establishment of the EPPO was initiated under TFEU Article 86. This article allows for a simplified enhanced cooperation procedure that does not require authorization from the Council to proceed, enabling a subset of member states to move forward with integration.

When did the EPPO officially begin its operations?

The EPPO officially launched its operations on June 1, 2021, following the European Commission's decision to approve the start of investigations and prosecutions on May 6, 2021. This was three years after the Regulation entered into force in November 2017, as stipulated by its terms.

Which EU member states are currently participating in the EPPO's enhanced cooperation?

Currently, 24 EU member states participate in the EPPO's enhanced cooperation. These include Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.

Which EU member states are currently not participating in the EPPO, and what are their reasons?

Denmark is not participating due to an opt-out from the area of freedom, security, and justice (AFSJ). Ireland also has an opt-out from the AFSJ but retains the ability to opt-in on a case-by-case basis and is preparing legislation to do so. Hungary is also not participating, though its opposition Tisza Party has committed to joining if elected.

How did the Netherlands and Malta join the EPPO after its initial establishment?

The Netherlands officially requested to join the EPPO on May 14, 2018, and its participation was approved by the Commission on August 1, 2018. Malta requested to join on June 14, 2018, and its participation was approved on August 7, 2018, demonstrating the flexibility for additional states to join the enhanced cooperation.

When did Poland apply to join the EPPO, and when was its application approved?

Poland applied to join the EPPO on January 5, 2024, following the installation of the Tusk III Cabinet. Its application was subsequently approved by the European Commission on February 29, 2024.

What is Sweden's current status regarding participation in the EPPO?

Sweden's Prime Minister Stefan Löfven declared joining the EPPO as a key EU policy objective in November 2019. In March 2024, the Swedish government submitted legislation to parliament to enable joining, which was approved on May 29. Sweden officially notified its request to participate on June 5, 2024, and the EU Commission approved it on July 16, 2024.

What are the prospects for Ireland's future participation in the EPPO?

Ireland's government began preparing legislation in 2023 to enable its participation in the EPPO. In May 2025, a review by the Irish Department of Justice recommended that Ireland opt-in to most EU programs under the Area of Freedom, Security, and Justice, including the EPPO, and the Irish government accepted these recommendations.

What is the commitment of Hungary's opposition Tisza Party regarding the EPPO?

Hungary's opposition Tisza Party, which is currently leading in opinion polling for the 2026 Hungarian parliamentary election, has publicly committed to joining the EPPO if they come into power.

What is the limited mission of the EPPO, and how might it be expanded in the future?

The EPPO's current limited mission is to investigate, prosecute, and bring to judgment individuals suspected of offenses affecting the financial interests of the Union, as defined by the PIF Directive, before national courts. However, its mission may be extended in the future to cover other serious cross-border crimes, subject to treaty amendment by the European Council.

What powers do European Delegated Prosecutors exercise in participating member states?

European Delegated Prosecutors in participating member states carry out the functions of the EPPO and possess the same powers as national public prosecutors. Additionally, they are granted powers by Union law, such as the ability to issue a European Arrest Warrant (EAW) or request a competent national judicial authority to issue one.

Why did the EPPO request an increase in its 2024 budget?

In February 2024, the EPPO formally requested a €7.8 million increase to its 2024 budget, bringing the total to €79.7 million. This increase was requested in light of the accelerated disbursement of the EU recovery plan funds and the potential upcoming enlargement of the EPPO to include Poland and Sweden.

What is the working language of the EPPO for operational and administrative activities?

As of September 30, 2020, Art. Paragraph 1 of the EPPO Decision 002/2020 stipulates that English is the working language for the EPPO's operational and administrative activities. French is also used in conjunction with English for communications with the European Court of Justice.

What was the role of the interim director during the establishment phase of the EPPO?

During the establishment of the EPPO, an interim director, an official of the European Commission appointed after consultation with the Council, performed duties under Art. 20 of Regulation (EU) 2017/1939. These duties included managing the interim administrative apparatus, undertaking recruitment, providing financial liquidity for the initial phase, and finding a suitable location in Luxembourg.

What is the architectural context of the EPPO headquarters in Luxembourg?

The EPPO headquarters are situated in Tower B of the Porte de l'Europe complex in Luxembourg. This complex was designed by Ricardo Bofill Taller de Arquitectura and is located adjacent to the twin towers of the Court of Justice of the European Union.

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EPPO: An Essential Overview

An Independent EU Body

The European Public Prosecutor's Office (EPPO) functions as an autonomous entity within the European Union, endowed with its own juridical personality. Established under the provisions of the Treaty of Lisbon, its formation involved an enhanced cooperation procedure among 24 of the 27 EU member states.^[1]^[2] This unique structure underscores its critical role in the EU's legal architecture.

Safeguarding EU Financial Interests

The genesis of the EPPO stemmed from a recognized necessity for a dedicated prosecutorial body capable of effectively combating criminal activities that adversely impact the financial interests of the European Union.^[3] Its establishment represents a significant stride towards a more cohesive and robust framework for addressing transnational financial crimes across the Union.

Upholding the Rule of Law

As an independent EU body, the EPPO is instrumental in reinforcing the rule of law within the European Union. Its operations are designed to ensure the integrity and security of the EU's financial system, thereby fostering greater accountability and trust in the management of public funds.^[9] This commitment to legal rectitude is central to its mission.

Core Mandate

Investigating Financial Crimes

The primary responsibility of the EPPO is to investigate and prosecute criminal offenses that specifically harm the financial interests of the European Union. This mandate is precisely delineated by Directive (EU) 2017/1371, commonly referred to as the PIF Directive.^[6] This directive provides the legal framework for identifying the types of offenses falling under the EPPO's jurisdiction.

Key Offenses Addressed

The EPPO's operational focus encompasses a range of serious financial crimes. These include, but are not limited to, various forms of fraud, acts of corruption, and money laundering activities. These offenses are specifically targeted due to their direct detrimental impact on the EU's budget and financial stability.^[7]

Fostering Transnational Cooperation

A crucial aspect of the EPPO's mandate is its role in enhancing collaboration and coordination among member states. By providing a unified prosecutorial approach, the EPPO facilitates a more integrated and effective response to transnational crimes, which often transcend national borders and require concerted action.^[8]

Legal Foundations

The EPPO Regulation

The legal bedrock for the European Public Prosecutor's Office is Regulation (EU) 2017/1939, which was formally adopted on October 12, 2017.^[4] This foundational regulation meticulously outlines the EPPO's overarching objectives, its organizational structure, the scope of its jurisdiction, and the detailed operational procedures it must adhere to.^[5]

The PIF Directive

Complementing the EPPO Regulation is Directive (EU) 2017/1371, known as the PIF Directive (Protection of the European Union's financial interests). This directive is instrumental in precisely defining the specific criminal offenses that fall within the EPPO's investigative and prosecutorial purview.^[6] It ensures clarity on the types of financial misconduct the EPPO is empowered to address.

Organizational Structure

European Chief Prosecutor

At the apex of the EPPO's executive structure is the European Chief Prosecutor. This pivotal role is currently held by Laura Codruța Kövesi. The Chief Prosecutor is responsible for the overall direction and supervision of the EPPO's investigations and prosecutions, ensuring consistency and effectiveness across all participating member states.

The European Chief Prosecutor leads the college of European Prosecutors and oversees the decentralized structure of the EPPO, which includes European Delegated Prosecutors in each participating country. This dual structure allows for both centralized oversight and localized action, crucial for tackling complex cross-border financial crimes.

Headquarters

Luxembourg City Base

The European Public Prosecutor's Office maintains its headquarters in Kirchberg, a district within Luxembourg City, Luxembourg.^[10] This strategic location places it in close proximity to other vital European Union judicial and auditing institutions.

Proximity to EU Institutions

The EPPO's presence in Kirchberg aligns it geographically with other key EU bodies, including the Court of Justice of the European Union (CJEU) and the European Court of Auditors (ECA).^[10]^[11] This co-location facilitates operational synergy and close coordination among institutions dedicated to upholding EU law and financial integrity.

Historical Trajectory

Formation and Establishment

The European Public Prosecutor's Office was formally established in 2017, marking a significant milestone in the EU's efforts to enhance its legal and financial oversight capabilities.^[4] Its creation was the culmination of years of discussions and legislative development aimed at addressing the growing challenge of cross-border financial crime.

Legislative Momentum

The concept of establishing the EPPO gained substantial momentum with a legislative proposal put forth by the European Commission in 2013.^[4] This proposal initiated a period of intensive negotiations and deliberations involving the European Council, the European Parliament, and the individual Member States, ultimately leading to the adoption of the foundational Regulation (EU) 2017/1939.

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References

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This is not legal or financial advice. The information provided on this website is not a substitute for professional legal counsel, financial consultation, or expert advice on European Union law and governance. Always refer to official EU legal texts and consult with qualified legal professionals or financial experts for specific inquiries or decisions. Never disregard professional advice because of something you have read on this website.

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Guardians of EU Finance

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EPPO: An Essential Overview ℹ️

🇪🇺 An Independent EU Body

🛡️ Safeguarding EU Financial Interests

⚖️ Upholding the Rule of Law

Core Mandate 📜

🔍 Investigating Financial Crimes

🚨 Key Offenses Addressed

🤝 Fostering Transnational Cooperation

Legal Foundations 🏛️

📖 The EPPO Regulation

🎯 The PIF Directive

Organizational Structure 🏗️

👩‍⚖️ European Chief Prosecutor

Headquarters 📍

🇱🇺 Luxembourg City Base

🏛️ Proximity to EU Institutions

Historical Trajectory ⏳

📅 Formation and Establishment

💡 Legislative Momentum

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📜 Important Notice

Dive in with Flashcard Learning!

EPPO: An Essential Overview

An Independent EU Body

Safeguarding EU Financial Interests

Upholding the Rule of Law

Core Mandate

Investigating Financial Crimes

Key Offenses Addressed

Fostering Transnational Cooperation

Legal Foundations

The EPPO Regulation

The PIF Directive

Organizational Structure

European Chief Prosecutor

Headquarters

Luxembourg City Base

Proximity to EU Institutions

Historical Trajectory

Formation and Establishment

Legislative Momentum

Teacher's Corner

True or False?

Test Your Knowledge!

Gamer's Corner

Discover other topics to study!

References

Feedback & Support

Disclaimer

Important Notice