In a statement issued on Friday 28 June, the European Chief Prosecutor of the European Public Prosecutor’s Office (EPPO), Laura Kövesi, reacted to the amendment proposed by the Austrian Ministry of Justice on 14 June. This amendment aims to amend the Code of Criminal Procedure regarding the seizure of data and storage devices, following a decision by the Austrian Constitutional Court in December 2023.
The Chief Prosecutor of the EPPO is assessing whether certain provisions of the amendment could affect the independence and effectiveness of investigations conducted by the European Public Prosecutor’s Office in Austria, but also in other EU Member States.
The key point is that, under the EPPO Regulation, delegated prosecutors must be able to carry out investigative measures or inform the competent national authorities. If seizure of data becomes the sole prerogative of the police, this could restrict their ability to do so.
In addition, Austria must ensure that, for serious offences, delegated public prosecutors can order searches and obtain stored computer data.
Ms Kövesi stressed the need for transnational cooperation, given that many EPPO investigations involve several Member States.
She also welcomed the decision to take the time needed to analyse the bill in depth to ensure that it does not compromise cross-border investigations. (Original version in French by Nithya Paquiry)