Effective Judicial Protection and the Regulation Implementing Enhanced Cooperation on the Establishment of the European Public Prosecutor's Office

Abstract

Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office contains several ambiguous provisions which spark the interest of European Union law scholars. One of them is the Recital 30 of said regulation, according to which where the national law of a Member State provides for the internal review of certain acts within the structure of the national prosecutor’s office, Member States should not be obliged to provide for review by national courts. The article therefore examines the notion of effective judicial protection within the European Union, its expression in the EPPO Regulation, some of the pressing issues relating (although not only) to the wording of the Recital 30 of the Preamble of the EPPO Regulation with regard to the principle of effective judicial protection and contemplates on possible reaction from the Court of Justice of the European Union.

Harmonisation of Criminal Law Across the European Union and the Role of the European Public Prosecutorˈs Office

“…While creating the Area of Freedom, Security and Justice, the Union committed itself to respect fundamental rights and the different legal systems and traditions of the Member States, 12 hand in hand with ensuring a high level of security through measures to prevent and combat crime, racism and xenophobia, measures for coordination and cooperation between police and judicial authorities and other competent authorities, as well as through the mutual recognition of judgments in criminal matters and, if necessary, through the approximation of criminal laws. 13 As was already stated elsewhere, 14 12 See Article 67(1) TFEU. 13 Article 67(3) TFEU.…”