2023

Mihaela-Augustina NIȚĂ, Assistant Professor, Ph.D., Faculty of Law, University of Bucharest; Maria-Cristina SOLACOLU, Ph.D. candidate, Faculty of Law, University of Bucharest; The European Public Prosecutor’s Office – Establishment, Activities, Challenges, and Initial Results

DOI:https://www.doi.org/10.31178/AUBD/2023.08

Abstract:This article analyzes the establishment, activities, challenges, and results achieved to date by the European Public Prosecutor’s Office, a body recently established by the European Union (EU). The European Public Prosecutor’s Office was created to combat crimes affecting the EU budget, such as cross-border fraud and corruption. The European Public Prosecutor’s Office’s primary task is to investigate, prosecute, and bring to justice offenders involved in these crimes. The Office’s operations are structured around a network of delegated prosecutors from participating member states, and the article highlights the importance of close cooperation among them. It also presents some of the specific tools and methods used by the European Public Prosecutor’s Office to investigate and prosecute offenders, such as the joint investigation team and the use of cutting-edge technology in the collection and analysis of evidence. However, the article also highlights several major challenges facing the European Public Prosecutor’s Office. These include legislative and procedural differences among member states, diverse legal languages and cultures, the need to ensure close cooperation and the effective exchange of information between national judicial authorities and the European Public Prosecutor’s Office, as well as the issue of EU Member States that choose not to participate in this form of enhanced cooperation—a situation for which neither the Treaties of the European Union nor the applicable secondary legislation provides a clear solution. The results achieved by the European Public Prosecutor’s Office are analyzed in the context of its initial activities. The article highlights several success stories in which the European Public Prosecutor’s Office has succeeded in bringing major offenders to justice, thereby creating a deterrent effect among those involved in crimes against the EU budget. In conclusion, the article underscores the importance and positive impact of the European Public Prosecutor’s Office in the fight against cross-border crimes affecting the EU budget. However, it acknowledges that the institution faces significant challenges, and continued cooperation between Member States and the European Public Prosecutor’s Office is necessary to ensure its long-term success.

Keywords: European Public Prosecutor’s Office, OLAF, Europol, Eurojust, non-participating EU Member States, third countries.