An effective European Public Prosecutor’s Office, but there is still work to be done on safeguards

European Public Prosecutor’s Office has been established, but there is still work to be done on ensuring adequate standards of defence rights. The European Commission has published its first report on the implementation and impact of EU Regulation 2017/1939 establishing the European Public Prosecutor’s Office (EPPO), accompanied by a staff working document. This assessment, provided for under Article 119 of the Regulation, is intended to verify, five years after the start of operations, not only the effectiveness and efficiency of the new body, but also the correctness and consistency of the implementation of the Regulation in the Member States, the coherence of the system, the European added value and the areas where further action is required.

The evaluation finds that Eppo has generally used the resources allocated to it efficiently to achieve its objectives, in a context where the scale of its operational activity has far exceeded expectations. Initial forecasts estimated that Eppo would manage around 970 active cases per year from 2023 onwards. In practice, however, Eppo has already handled 515 active cases in its first seven months of operation in 2021, bringing the total to 3,602 cases by the end of 2025. EPPO’s budget and staffing levels have also increased significantly during the evaluation period to cope with the growing workload, not least in light of the obligation to launch investigations into an ever-increasing number of cases.

The Commission emphasises that the structure and operational model of the Public Prosecutor’s Office have generated significant efficiencies, particularly in complex cross-border investigations. The EPPO has improved coordination between jurisdictions, accelerated investigations and criminal proceedings, and strengthened the EU’s capacity to detect and investigate cross-border fraud, in particular VAT fraud schemes.

Further improvements are certainly possible if Member States step up their efforts significantly. For example, investigations are carried out using the resources of law enforcement agencies at national level, and the assessment notes that the support provided to EPPO is uneven across Member States, with national police forces varying from one country to another. In some cases – the most exemplary ones – states have established dedicated police forces to support the Public Prosecutor’s Office.

However, the assessment notes that differences have emerged in national procedural safeguards and shortcomings in the transposition of procedural rights, whereas what must be ensured is the uniformity of rights of defence in EPPO proceedings, in particular with regard to legal assistance, access to case files, translation practices and pre-trial standards.