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The EPPO-Experiment on the Verge of Becoming Reality? Good Intentions, Uncertain Outcomes




Event Series: Institute for the Study of European Laws (ISEL)

In the 1997 Corpus Juris study a group of academics proposed the creation of a single legal area together with a European prosecution service (EPPO) in order to tackle fraud against the EU budget. The ambitious concept catalysed debates over the necessity and practicability of vertical cooperation in criminal matters in the EU. The Member States however rather supported coordinated horizontal actions in the field, notably in the shapes of Eurojust and various mutual recognition instruments.

The legal basis for the establishment of the EPPO was finally laid in Article 86 TFEU, a provision that provided for more questions than answers. The Commission published a proposal for a regulation in 2013 and a few weeks ago, in April 2017 sixteen Member States expressed their intention to launch an enhanced cooperation to establish the EPPO.

Thus, the EPPO slowly becomes reality even if the endless compromises in the Council watered down the original concept. While the UK will not participate in the project it does not mean that UK authorities will not have to cooperate with the future EPPO, especially as various forms of budgetary fraud occur in relation with non-EU Member States.

Therefore, the paper aims to give an overview of the main controversial issues based on a comparison of the original Corpus Juris study, the initial Commission proposal and the latest version of the text from January 2017.

Particular attention will be paid to:

  • the efficiency of the future office given its increasingly complex institutional design;
  • the protection of the fundamental rights of the defendants due to the lack of a Union wide procedural framework (investigative powers and procedural safeguards) and due to the EPPO’s special evidence-regime (different from that of the imminent European Investigation Order)
  • the synergies with other competent EU actors in the field and with national authorities (notably those of non-EPPO and non-EU Member States, like the UK)

Altogether, the question is raised whether the EPPO will have any added value and whether it would be able to efficiently fulfill its objectives in full respect of fundamental rights.

Speaker: Dr András Csúri, Utrecht University

András holds a DPhil from Szeged. Before joining Utrecht University in 2017 (Willem Pompe Institute), he was a research fellow and lecturer at the University of Vienna. Prior to that he worked at the Max Planck Institute for Foreign and International Criminal Law in Freiburg on comparative and EU criminal law projects. His current research focuses on the future European Public Prosecutor’s Office (EPPO) and on transnational evidence.

Dr Csúri is one of the editors of the Max Planck periodical ‘Eucrim,he was a member of the ‘Luxembourg-study group’ elaborating model rules for EPPO investigations and a visiting scholar at the University of Cambridge.

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When and where

1.00pm - 3.00pmMonday 15th May 2017

AG08 College Building City, University of London St John Street London EC1V 4PB United Kingdom

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CLS Research Events

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0207 040 3410

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