Network of Public Prosecutors

Network of Public Réseau des Procureurs Prosecutors généraux or equivalent institutions ou institutions équivalentes at the Supreme Judicial près les Cours suprêmes Courts judiciaires of the Member States of the des Etats membres de European Union l’Union européenne

Final document of the 6th Meeting of the Network of Public Prosecutors or equivalent institutions at the Supreme Judicial Courts of the Member States of the European Union, Cracow, 15-17 May 2013

1. For the last decade we have witnessed a remarkable increase of the EU engagement in criminal law protection of the financial interests of the Union. One of the most important initiatives in this field is aimed at creation of the European Public Prosecutor’s Office (EPPO). Art. 86 of the Treaty on the Functioning of the European Union provides for the possibility to establish the EPPO from Eurojust, which shall be “responsible for investigating, prosecuting and bringing to judgment, where appropriate in liaison with Europol, the perpetrators of, and accomplices in, offences against the Union's financial interests (…). It shall exercise the functions of prosecutor in the competent courts of the Member States in relation to such offences”.

2. The idea of EPPO creation has been discussed on many occasions in the light of the need to prosecute perpetrators of crimes affecting the financial interests of the EU more effectively. It has been underlined that in times of economic crisis and budgetary restrictions it is more important than ever to make sure that EU funds are legitimately used and that taxpayers' money is safeguarded against crime. Arguments have been presented that the existing mechanisms of mutual recognition and approximation of legislation may not be sufficient to successfully fight this type of criminality.

3. EPPO has a potential to contribute to improving the effectiveness of investigation and prosecution of crimes against the Union's financial interests. However, EPPO alone cannot guarantee achievement of this goal. Constant efforts need to be made to improve existing legal instruments and mechanisms to ensure enhancement of the protection of the EU

1 financial interests. Moreover, focus on the EPPO cannot slow down progress in the fields of approximating laws, as well as enhancing and facilitating existing forms of legal cooperation.

4. In the light of the discussion held during the meeting, should the EPPO be established, it shall have decentralized structure, be set up in a cost-efficient manner and operate through existing authorities in Member States acting mainly upon national rules of a Member State where criminal proceedings would be conducted and bring a real added value in fight against crimes falling within the competence of the EPPO. Clear criteria will be needed to define the respective competences of the EPPO and national prosecution services. Rules should also be provided on admissibility of evidence and resolution of possible conflicts of jurisdiction. EPPO should be independent and accountable, respecting the standards commonly recognized in international documents and in particular principles and rules provided for in the Recommendation Rec(2000)19 of the Committee of Ministers of the Council of Europe. High standards of fundamental rights shall be safeguarded.

5. The EPPO based on the double hat model would act in divergent legal environments of the EU Member States, including different structures and powers of prosecution services. While the establishment of the EPPO should enhance efficiency of the fight against the PIF crimes by creating synergies with national prosecutions, it should respect the position of the national prosecuting authorities.

6. Undoubtedly, the creation of the EPPO would have an impact on the functioning of the prosecution services and possibly on other institutions and bodies involved in the Member States in the fight against offences affecting the financial interests of the EU. Moreover, in some Member States, setting up of the EPPO may require profound changes in the statutory or even constitutional laws. Therefore broad-based consultation and in-depth discussion on this issue engaging prosecution services is needed.

7. The decisions that will be taken now on the creation and structure of the EPPO will, for many years, influence the work of prosecution services in the Member States participating and those which would not participate in the enhanced cooperation. Therefore, it is of utmost importance to structure the future EPPO based on thorough analysis. The discussion that was undertaken during the meeting shall be continued on the basis of the new developments, especially the Commission’s draft regulation on the EPPO and its impact assessment.