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Review of acts of the European Public Prosecutor's Office

Publication at Faculty of Law |
2023

Abstract

The European Public Prosecutor's Office is a new EU body that only started its work in June 2021, which makes it all the more important to focus on its practical functioning and identify any shortcomings. As it is a supranational body with powers to investigate and prosecute criminal activities across almost all EU Member States, great emphasis should be placed on, among other things, the possibility of review of its actions.

This paper aims to analyse the legal framework for review of acts of the European Public Prosecutor's Office and to highlight weaknesses in this area. A closer look at the relevant provisions reveals that review in this respect is in the hands of the CJEU, the national courts, but also the authorities within the internal structure of the European Public Prosecutor's Office.

In this context, it is necessary to address the question of when a court is competent to review and when an extra-judicial body is competent. At the same time, however, it is necessary to examine whether the review of the act in question takes place at EU or national level.

It follows that the issue of the review of the European Public Prosecutor's Office´s acts is not a simple one and should be given sufficient attention. Last but not least, some de lege ferenda proposals are presented in this context.