The European Public Prosecutor: Quintessential supranational criminal law?

This article critically examines the extent to which the European Public Prosecutor’s Office can be claimed to constitute a prime example of supranational criminal law. The article observes that among policymakers and commentators, the Office appears to be a hallmark of the transformation of EU criminal law from an intergovernmental paradigm to a strong federal and supranational polity. The article discusses the scope, nature and limits to the powers of the European Public Prosecutor’s Office, as well as its operating structure in light of Article 86 TFEU and the recently adopted EPPO Regulation. It departs from the basic assumption that the EPPO stands in the midst of supranationalism and intergovernmentalism. Whilst the EPPO is envisaged to be independent of the Member States, the Office’s complicated, multifaceted and vertical structure means that Member States are able to direct, to some extent, its activities. The article argues, however, that a general assessment of the Office’s operational and strategic direction (where its operational activities are managed and supervised by centralized ‘European’ prosecutors), and the type (direct criminal enforcement powers) of powers it has makes it distinctive as the most ‘integrated’ and ‘supranational’ EU agency.