Abstract :

Opening Member States’ borders has led to the free movement of offenders on the territory of the European Union. Nonetheless, and despite the judicial cooperation, such borders are quite real for prosecution authorities of Member States. To solve this situation which is unsustainable in the light of the current phenomena of crime, the establishment of a new European player was necessary: the European Public Prosecutor’s Office (“EPPO”). In essence, the competence of directing investigations and prosecutions – which until then had been reserved for the national authorities – should be granted to such an independent body with powers transcending those of the Member States. After many discussions and compromises, the regulation implementing enhanced cooperation on the establishment of the EPPO was adopted on October 12th, 2017. Therefore, the creation of a European prosecution authority has become a reality that will entail changes in the territory of the European Union, at both Member State and European level. As a result of interlinking the national and European systems, such changes will raise difficulties of organic and functional nature which should be considered. On one hand, the study of the EPPO’s status will involve de facto to define the concept of judicial authority in the European Union. On the other hand, the analysis on its functioning will require the determination of the standards and bodies that will govern its action. Finally, and more generally, the readers will be invited to think about the emergence of a genuine European criminal justice.