FRA Opinion on the proposed establishment of a European Public Prosecutor’s Office

The proposal to establish a European Public Prosecutor’s Office (EPPO), mandated to prosecute crimes against the financial interests of the European Union, raises a number of fundamental rights issues. Following a request from the European Parliament, FRA has published an Opinion that analyses these issues and suggests ways of answering fundamental rights concerns.

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FRA believes that provided it is a strong and independent institution, the EPPO could serve as a catalyst for harmonised EU legislation elevating the level of protection on matters such as criminal procedures, rights of victims of crime and data protection. However, the EPPO outlined in the proposal poses questions related to several fundamental rights issues, particularly with regard to the complex and at times unclear interaction between the national and EU level. This underlines the importance of judicial review of the EPPO’s activities, as well as raising the issue where the responsibility for such reviews should lie. 

FRA’s Opinion on the planned European Public Prosecutor’s Office examines the substantive provisions of the proposal, focusing on five main sections:

  1. Judicial review and other safeguards
  2. Defence rights
  3. Victims’ rights
  4. Legal clarity
  5. Regular assessment and trust