European Public Prosecutor's Office

European Public Prosecutor's Office
Name	European Public Prosecutor's Office
Native name	Oficina del Fiscal Público Europeo
Formation	2017
Headquarters	Luxembourg
Jurisdiction	European Union (participating Member States)
Chief1 name	Laura Kövesi
Chief1 position	European Chief Prosecutor

European Public Prosecutor's Office is a supranational prosecutorial body established to investigate, prosecute and bring to judgment crimes affecting the financial interests of the European Union, notably fraud, corruption and cross-border VAT fraud. The Office operates within the institutional framework of the European Union and interacts with institutions such as the European Commission, the European Parliament, the Court of Justice of the European Union, and the European Court of Human Rights. As an independent prosecutorial authority it cooperates with national authorities including ministries, judicial councils and police forces across participating Member States such as France, Germany, Italy, Spain and Romania.

Overview

The Office was created following the approval of a regulation by the Council of the European Union and the adoption of measures supported by the Treaty on European Union and the Treaty on the Functioning of the European Union. Its establishment built on prior instruments including the European Anti-Fraud Office, the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and initiatives such as the EU Anti-Corruption Report. The institution is headquartered in Luxembourg City and led by a European Chief Prosecutor appointed by the Council of the European Union in consultation with the European Parliament.

Legal Basis and Mandate

The legal basis is the Council Regulation (EU) which created the Office under enhanced cooperation among participating Member States, drawing on competences articulated in the Treaty of Lisbon and the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The mandate covers offences affecting the financial interests of the Union as defined by the Protocol on the Privileges and Immunities of the European Union and the Convention on the Protection of the Financial Interests of the European Communities (PIF Convention). Legislative instruments and policy frameworks informing the mandate include the European Public Prosecutor's Office Regulation, directives on value added tax fraud, and decisions of the European Council and the Council of the European Union.

Organization and Structure

The Office is headed by the European Chief Prosecutor, supported by European Prosecutors appointed from participating Member States, with a Registry and administrative services in Luxembourg. Its internal governance includes an Office of the European Chief Prosecutor, a College of European Prosecutors, and national sub-offices staffed by delegated prosecutors drawn from institutions such as the Public Ministry (Romania), the Procurator Fiscal (Scotland), the Parquet National Financier (France), and the Bundesanwaltschaft (Germany). Administrative oversight interacts with bodies such as the European Personnel Selection Office and the European Court of Auditors for budgetary and staffing matters.

Jurisdiction and Competences

Jurisdiction is exercised in participating Member States under the competences set out in the founding Regulation and covers offences including fraud, corruption, money laundering related to Union funds, and cross-border VAT carousel fraud affecting the European Union budget. Competences extend to investigative measures such as search and seizure, asset freezing, and judicial cooperation in criminal matters under instruments like the European Investigation Order and the Schengen Information System insofar as national frameworks permit. The Office operates alongside, and sometimes in parallel to, national prosecutorial authorities such as the Crown Prosecution Service and the Ministerio Fiscal (Spain).

Operations and Casework

Operational activity encompasses case initiation, coordination of cross-border investigations, conducting prosecutions before national courts, and recovery of assets lost to crimes affecting Union finances. High-profile operations have intersected with investigations linked to entities such as multinational corporations, banks like Deutsche Bank and BNP Paribas, and sectors including procurement linked to the European Investment Bank and Horizon 2020 projects. Casework requires liaison with investigative judges, financial intelligence units such as FIU-Net, anti-corruption agencies like GRECO, and agencies including Europol and the European Anti-Fraud Office.

Cooperation with EU and National Authorities

Cooperation frameworks include formal agreements with the European Commission, collaboration with the European Union Agency for Law Enforcement Cooperation (Europol), coordination with the European Judicial Network, and interaction with national authorities such as ministries of justice, parliaments, and law enforcement agencies including National Crime Agency (United Kingdom) and Guardia Civil (Spain). The Office engages in mutual legal assistance, structured liaison roles, and joint investigation teams similar to those established under the Convention Implementing the Schengen Agreement. Strategic partnerships involve institutions like the European Central Bank when cases touch on banking supervision and the European Banking Authority in regulatory contexts.

Criticisms and Challenges

Critiques have focused on issues raised by scholars, civil society organisations and national institutions, including concerns about subsidiarity under the Treaty on European Union, tensions with national prosecutorial traditions exemplified by debates in Poland and Hungary, questions about effectiveness compared to the European Anti-Fraud Office, and legal challenges brought before the Court of Justice of the European Union. Operational challenges include cross-border evidence gathering, discrepancies in procedural law among Member States such as differing rules in Germany and Italy, resource constraints scrutinized by the European Court of Auditors, and political sensitivities involving high-profile figures linked to institutions like the European Commission or national cabinets.

Category:European Union law Category:Law enforcement in the European Union Category:International criminal law