A Federal European Public Prosecution Authority – From Vision to Reality?

The European Public Prosecutor’s Office (EPPO), which has just commenced its operation (EPPO Press Release) is a milestone for EU integration (Öberg, 2021). The fashioning of the EPPO has nonetheless been a contested process, encumbered by very complex political negotiations in the midst of a battleground between intergovernmental and supranational visions for this body (Harding and Öberg, 2021). Member States have voiced fierce opposition towards the establishment of such an office, viewing the EPPO as a further encroachment on national sovereignty (Commission Communication of 2013). Furthermore, prior to Lisbon, there was no Treaty mandate to defend the establishment of such a body. Nevertheless, the prospect of creating a European Public Prosecutor derived real impetus from the successful negotiation of the new Article 86 TFEU, which was enshrined in the Lisbon Treaty. Whilst Article 86 TFEU does not in itself establish the EPPO, it provides the legal basis for the Council Regulation which subsequently created the EPPO by means of enhanced cooperation (EPPO Regulation). Whilst leaving out the complex details of this body, the following briefly reflect on the rationale of having a European Public Prosecutor, its importance and the main future challenges for this body.Bridge Network Blog Post