Establishing a European Public Prosecutors Office the EPPO

Establishing a European Public Prosecutor’s Office (the EPPO): An example of effective Judicial cooperation overcoming organizational barriers between different legal systems ILIAS KONSTANTAKOPOULOS Public Prosecutor Justice Counsellor Permanent Representation of Greece to the E. U. 1

What is the EPPO in brief ? ØThe EPPO (established with 2017/1939 Council Regulation) will be an independent Union body with the authority to investigate and prosecute EUfraud and other crimes affecting the European Union's financial interests ØThe establishment of the EPPO will bring about substantial change in the way the European Union's financial interests are protected. It will combine European and national law-enforcement efforts in a unified and efficient approach to counter EU-fraud ØCurrently, only national authorities can investigate and prosecute EU-fraud. Their competences stop at their national borders. Existing Union-bodies (such as OLAF, Eurojust and Europol) do not have the mandate to conduct criminal investigations ØThe EPPO will fill this institutional gap. It will have exclusive and EU-wide jurisdiction to deal with suspicions of criminal behaviour falling within its remit ILIAS KONSTANTAKOPOULOS Public Prosecutor Justice Counsellor Permanent Representation of Greece to the E. U. 2

The main objectives of the new E. U. body are: ü ü ü To contribute to the strengthening of the protection of the Union's financial interests and further development of an area of justice, and to enhance the trust of EU businesses and citizens in the Union’s institutions, while respecting all fundamental rights enshrined in the Charter of Fundamental Rights of the European Union To establish a coherent European system for the investigation and prosecution of offences affecting the Union’s financial interests To ensure a more efficient and effective investigation and prosecution of offences affecting the EU’s financial interests ILIAS KONSTANTAKOPOULOS Public Prosecutor Justice Counsellor Permanent Representation of Greece to the E. U. 3

The main objectives of the new E. U. body are: ü ü ü To increase the number of prosecutions, leading to more convictions and recovery of Union funds To ensure close cooperation and effective information exchange between the European and national competent authorities To enhance deterrence of committing offences affecting the Union’s financial interests ILIAS KONSTANTAKOPOULOS Public Prosecutor Justice Counsellor Permanent Representation of Greece to the E. U. 4

The structure of the EPPO q. The EPPO will be a body of the E. U. with a decentralised structure. The decentralised structure aims at involving and integrating the national law enforcement authorities q. The EPPO central office will comprise a college of one European Prosecutor per participating MS (currently 22 soon to be 23) and will be headed by the European Chief Prosecutor q. Its investigations will in principle be carried out by European Delegated Prosecutors located in each MS. The number of these Delegated Prosecutors is yet to be decided but each MS will have at least two ILIAS KONSTANTAKOPOULOS Public Prosecutor Justice Counsellor Permanent Representation of Greece to the E. U. 5

The structure of the EPPO q. The European Delegated Prosecutors will be an integral part of the EPPO but also continue to exercise their functions as national prosecutors q. When acting for the EPPO, they will be fully independent from the national prosecution bodies q. This structure will lead to synergies between European and national decision making and it will ensure best chances of the EPPO being effective ILIAS KONSTANTAKOPOULOS Public Prosecutor Justice Counsellor Permanent Representation of Greece to the E. U. 6

The main characteristics of the EPPO v. The EPPO will be an efficient E. U. body pooling investigative and prosecutorial resources of the Member States with clear hierarchical lines to ensure swift decision making v. It will have uniform investigation powers throughout the Union, based on and integrated into the national law systems of the Member States v. There will be strong safeguards to guarantee the rights of the persons involved in the EPPO's investigations as laid down in national law, Union law and the Charter of Fundamental Rights v. The EPPO´s investigations will be subject to judicial review by the national courts ILIAS KONSTANTAKOPOULOS Public Prosecutor Justice Counsellor Permanent Representation of Greece to the E. U. 7

The added value of the EPPO Ø genuine European prosecution policy Ø uniform, consistent and systematic approach while linking in with MS' judicial systems Ø investigation and prosecution of all EU fraud cases Ø continuity in complex and cross-border cases Ø stronger deterrence and prevention effect ILIAS KONSTANTAKOPOULOS Public Prosecutor Justice Counsellor Permanent Representation of Greece to the E. U. 8

Overcoming organizational barriers between participating MS The EPPO will be able to use a comprehensive set of investigation measures In particular the EPPO will have six investigation measures at its disposal common to all participating Member States: Ø search of premises Ø obtain production of any relevant object or document Ø obtain production of stored computer data Ø freeze instrumentalities or proceeds of crimes Ø intercept electronic communications & Ø track and trace an object by technical means, including controlled deliveries ILIAS KONSTANTAKOPOULOS Public Prosecutor Justice Counsellor Permanent Representation of Greece to the E. U. 9

Overcoming organizational barriers between participating MS q. In addition to the above-mentioned investigation measures, the European Delegated Prosecutors will also be entitled to order any other measure available under national law in similar national cases q. As regards cross-border cooperation between European Delegated Prosecutors, the EPPO introduces a novel approach deviating from standard mutual legal assistance instruments q. The EPPO Regulation avoids the requirement of having a double judicial authorisation for an investigation measure to be carried out in cross-border setting ILIAS KONSTANTAKOPOULOS Public Prosecutor Justice Counsellor Permanent Representation of Greece to the E. U. 10

Overcoming organizational barriers between participating MS üThe Regulation moreover ensures that the EPPO can order the arrest or pre-trial detention of a suspect or accused person in any MS and is entitled to issue or request European Arrest Warrants (EAWs) within the area of its competence üUnder certain conditions the EPPO can also decide to bring a case to judgment in a MS different from the MS of the handling European Delegated Prosecutor or to join several cases from different MS üThroughout the investigations and prosecutions carried out by the EPPO, the principle of free admissibility of evidence applies as an overarching element. üEvidence presented by EPPO prosecutors against the defendant to a national court cannot be denied admission on the ground that it was collected in another MS ILIAS KONSTANTAKOPOULOS Public Prosecutor Justice Counsellor Permanent Representation of Greece to the E. U. 11

Thank you so much for your attention…. ILIAS KONSTANTAKOPOULOS Public Prosecutor Justice Counsellor Permanent Representation of Greece to the E. U 12