Cross-border investigations conducted by the European Public Prosecutor's Office: judicial cooperation sui generis?
Abstract
The primary objective of the European Public Prosecutor's Office is to make the investigation and prosecution of crimes affecting the EU's financial interests more effective, but to do this, European prosecutors need the appropriate legal tools. One of them is the so-called assignment mechanism, which is embodied in Article 31 of Regulation 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office.
Its purpose is to facilitate cross-border investigations conducted by the Office. However, a more detailed analysis of this provision reveals several ambiguities which have led to the first ever preliminary ruling procedure concerning the activities of the Office.
The outcome of this procedure will show whether the Europeanisation of criminal law will move forward again.