By the end of 2020, a new Office will be operational in the European Union, the European Public Prosecutor’s Office (EPPO). The EPPO will be responsible for investigating, prosecuting and bringing to judgment the perpetrators of, and accomplices to, criminal offences affecting the financial interests of the Union. The establishment of the EPPO can be seen as the latest development in the proliferation of EU enforcement authorities (EEA’s). The establishment of this Office raises a large number of legal questions relating to the protection of fundamental rights. This blog post will focus on one of those legal questions, namely how evidence will be gathered and recognised across the European Union in cross-border cases. Under the current approach to cross-border evidence, the EPPO could choose to gather evidence in specific Member States based on their lower (minimum) standards, which could lead to a race to the bottom with regard to fundamental rights. This blog will outline three ways in which this risk could be addressed, each of which has its own advantages and disadvantages.
For an overview of the EPPO’s structure and both material and procedural competence, please see the earlier post on the EPPO on the student-page by clicking here.