The european public prosecutor’s office—supranationalism, sovereignty and legitimacy

This article offers a critical analysis of the evolution, structure and functioning of the European Public Prosecutor’s Office (EPPO) based on the three interrelated concepts of supranationalism, sovereignty and legitimacy. The first part of the article critically analyses the current design of the EPPO’s powers and how they have been exercised in practice, seeking to establish the nature of this body along the supranational-intergovernmental spectrum. The second part examines the operating structure and management of the EPPO, attempting to ascertain the extent to which Member States have been capable of maintaining control of its operation. Arguing that the EPPO to date is the pinnacle of supranational criminal justice, the article considers to what extent the establishment of this body and the wielding of significant law enforcement powers can be reconciled with the dictates of state sovereignty. Finally, the article considers the EPPO from the perspective of legitimacy and argues that the EPPO needs to demonstrate not only a successful track record in its law enforcement actions, but also that the operational actions of this new supranational body are encased within a strong legal framework with robust judicial remedies and safeguards for individual defendants.