European prosecution between cooperation and integration: The European Public Prosecutor’s Office and the rule of law

Mitsilegas, V ORCID: 0000-0001-6424-7289 (2021) European prosecution between cooperation and integration: The European Public Prosecutor’s Office and the rule of law Maastricht Journal of European and Comparative Law, 28 (2). pp. 245-264. ISSN 1023-263X, 2399-5548

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Abstract

The article will examine the challenges that the establishment of the European Public Prosecutor’s Office poses for the rule of law – a question which has been underexplored in the policy and academic debate on the establishment of the EPPO, which focused largely on questions of structure and powers of the EPPO and the battle between intergovernmental and supranational visions of European prosecution. The implications of the finally adopted legal framework on the EPPO on the rule of law will be analysed primarily from the perspective of the rule of law as related to EPPO investigations and prosecutions and their consequences for affected individuals – in terms of legal certainty and foreseeability, protection from executive arbitrariness, effective judicial protection and defence rights. The article will undertake a rule of law audit of the EPPO by focusing on three key elements of its legal architecture – the competence of the EPPO, applicable law and judicial review – and the interaction between EU and national levels of investigation and prosecution that the EPPO Regulation envisages. The analysis will aim to cast light on the current rule of law deficit in a hybrid system of European prosecution located somewhere between co-operation and integration.

Item Type:	Article
Uncontrolled Keywords:	4801 Commercial Law, 4803 International and Comparative Law, 4804 Law In Context, 4807 Public Law, 48 Law and Legal Studies, 16 Peace, Justice and Strong Institutions
Divisions:	Faculty of Humanities & Social Sciences > School of Law and Social Justice
Depositing User:	Symplectic Admin
Date Deposited:	28 Feb 2023 08:23
Last Modified:	24 Jan 2026 03:52
DOI:	10.1177/1023263X211005933
Open Access URL:	https://journals.sagepub.com/doi/full/10.1177/1023...
Related Websites:	Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3168618
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