The Pitfalls of Enhanced Cooperation: The case of the European public prosecutor

There has been a public debate among academics and politicians of whether Hungary should be required to join the European Public Prosecutor’s Office as a condition to receive EU funds according to the different milestones. As the EPPO is tasked with investigating fraud and mismanagement of EU funds, it is well-placed to address the allegations of serious corruption that the Hungarian Government is accused of. Joining the EPPO would thus send a clear message that Hungary takes ending public corruption seriously and a more general sign that it wishes to be a part of the European family. The analysis here, however, suggests that this proposal will not be legally possible to implement, thus illustrating the key problem with enhanced cooperation as a form of European integration. Under primary EU law, Hungary cannot be required to join the EPPO. Whilst Hungary generally benefits from the work of the EPPO as it receives EU funds recovered by the agency, it does not contribute with personnel our resources for the EPPO to function effectively.