Can the mandate of the European Public Prosecutor’s Office (EPPO) be extended to make it more effective in dealing with breaches of EU sanctions and to provide greater consistency in European law enforcement? This was, in essence, the request made by Juan Fernando Lopez Aguilar (S&D, Spain) at the European Parliament plenary session on Wednesday 14 June to the European Commission and the Swedish Presidency of the EU Council.
This oral question, voted through on 26 April by the European Parliament’s Committee on Civil Liberties (see EUROPE 13170/23), advocates extending the mandate of the European Public Prosecutor’s Office to make it the authority leading investigations into all types of violations of EU restrictive measures and prosecuting them before the courts of the twenty-two Member States that recognise it. This extension would remedy a lack of consistency in the application of European sanctions introduced following Russia’s invasion of Ukraine.
In response to this question, the Swedish Minister for European Affairs, Jessika Roswall, expressed her support for EPPO’s activities during its first two years of existence, and issued a reminder of the strong investigative and prosecutorial capabilities of the Public Prosecutor’s Office. She declared that extending the mandate to cover violations of EU restrictive measures was seen by the Swedish Presidency of the Council as a way of “further strengthening its activities in an effective manner”.
However, Ms Roswall pointed out that it was still “premature” to determine whether there was sufficient support among the Member States for this request, as the decision would require unanimity in the Council. The Swedish Presidency will therefore put this issue on the agenda for a technical meeting before the end of the month, to consider the next steps.
The European Commissioner for Justice, Didier Reynders, supported the move. “We are open to such a development. In accordance with Article 6 TFEU, the jurisdiction of the European Public Prosecutor’s Office may be extended to areas of serious cross-border crime”, he noted.
He also indicated that the extension of the European Public Prosecutor’s Office powers to cover breaches of restrictive measures would strengthen its role. “After the consent of the European Parliament and consultation with the Commission, the feasibility of this solution depends on the position of the Member States”, he said, adding that “at least ten Member States would support a limited extension of the European Public Prosecutor’s Office mandate”.
Mr Reynders also announced that an in-depth study would be carried out to assess the implementation of the EPPO Regulation by the Member States, as well as the budgetary and human resource implications of a possible extension of the mandate. This study will be completed during the summer, providing a basis for an in-depth discussion of the subject. (Original version in French by Nithya Paquiry)