The European Public Prosecutor's Office, usually under the Known in English for its abbreviation EPPO, it is the public prosecutor's office of the European Union for crimes against the EU budget. It is based in Luxembourg and has been active since 1. June 2021 operationally activeand investigates, charges and brings cases before the competent national courts of the participating Member States. 24 EU states are currently taking part in the EPPO part, including Germany and Bulgaria; Laura Kövesiis the current European Attorney General.
What is the task of the EPPO?
The EPPO was created to combat crimes against the financial pursue the interests of the European Union more effectively. To that include in particular subsidy fraud, corruption, Money laundering, Embezzlement of EU funds, Customs fraud as well as cross-border VAT fraud. After the In principle, the authority is based on official EPPO and EU sources responsible for cases of fraud detrimental to the EU budget from 10,000 Euro as well as for cross-border sales tax fraud 10 million euros.
Why Is the EPPO so important for clients?
For EPPO is companies, managing directors and private individuals so relevant because from a seemingly “normal” Funding, tax or billing problems arise very quickly cross-border criminal proceedings can be carried out. The EPPO Not only follows these procedures in a coordinated manner, but also leads them as a separate public prosecutor's office with the aim of bringing the matter to the point of indictment and bring a court decision. Just at EU funding, cross-border supply chains, customs and VAT structures or if money laundering is suspected EU funds can give a situation a completely different dimension get.
Like is the European Public Prosecutor's Office organized?
The EPPO works on two levels. At thecentral level in Luxembourg is home to the European Attorney General, 24 European prosecutorsand the administration. Besides there is the decentralized level in the participating member states the European Delegated Prosecutors. These lead investigate on site, bring charges and represent the EPPO the nationally competent courts. The central level monitors and controls these procedures.
Like Do EPPO investigations take place in practice?
The European Delegated Prosecutor or the European The delegated public prosecutor in the respective country handles the case Everyday life. At the same time the procedure is in the EPPO structure embedded: European prosecutors and the so-called Permanent Chambers monitor and control important Procedural decisions. For cross-border cases particularly important that a delegated public prosecutor in one Member State a different Delegated Prosecutor in another participating state can request specific investigative measures, for example to carry out a search or another measure there. This is exactly what makes EPPO procedures often faster and more effective classic legal assistance procedures.
Is the EPPO independent?
Yes. The EPPO is an independent EU authority. After the According to official EPPO information, their public prosecutors act in the interests of the European Union and may not receive instructions from outside receive, i.e. neither from national authorities nor from others external bodies. This independence is a key point of the EPPO regulation.
Must national authorities inform the EPPO?
Yes. The EPPO Regulation provides that the competent authorities of the Member States the EPPO without undue delay must inform you if an issue arises in your area of responsibility. The EPPO is working at the same time in a systemof shared responsibility with primacy of the EPPO powers. In practical terms, this means: As soon as a case... can significantly affect the EU budget, it must be expected that that it is no longer just national authorities, but the EPPO itself Process shapes or takes over.
After which law is being determined?
The The procedural basis is initially the EPPO Regulation. So far If this does not conclusively regulate a topic, this also applies National procedural law of the Member State in which the responsible European Delegated Prosecutor is leading the case. So if a case is conducted in Germany, this is what plays a role in practice German Code of Criminal Procedure plays a central role. At the same time Procedural actions of the EPPO are subject to control by the competent national courts.
There there is a separate EPPO court?
No. Although the EPPO is a European public prosecutor's office, it is not own European criminal court. The prosecution will be brought before the competent national courts of the respective Member State collected. This is particularly important for those affected because they are not part of an abstract “EU procedure” defend, but in a very concrete national one Criminal proceedings - only under the leadership or participation of the EPPO.
Which Cases are particularly often the focus?
After The official EPPO information plays a particularly important role in practice subsidy fraud, procurement fraud, customs and Tax fraud, cross-border sales tax fraud, Corruption and Money laundering play an important role. Straight for complex corporate structures, international ones Payment flows, fictitious invoices or misused The risk of EU funds becoming involved in EPPO proceedings is increasing.
Why EPPO represents a particular risk for companies
For The EPPO is particularly relevant for companies because it cross-border issues are bundled and divided into several Member States can initiate measures at the same time. What earlier often failed due to jurisdictional boundaries or took a long time Legal assistance channels that were delayed can now be made much more efficient coordinate. Anyone with EU funding, international Supply chains, customs issues, VAT structures or cross-border billing works, should therefore know that criminal law risks spread faster across Europe than many initially assume.
Our legal advice
If against you or your company for subsidy fraud, VAT fraud, corruption allegations, money laundering or other crimes related to the EU budget are investigated, It should be checked at an early stage whether the EPPO is responsible or has already taken action. Especially in procedures like this A purely national defense strategy is often not enough. What is crucial is the European structure of responsibility national procedural rules and the cross-border one to think together the evidence. Right here is a criminal law experienced and internationally oriented law firm is particularly important.