The discipline of cross-border investigations of the new European Public Prosecutor's Office at the "test bench" of the Court of Justice of the European Union

Abstract

The discipline of cross-border investigations of the new European Public Prosecutor's Office at the "test bench" of the Court of Justice of the European Union] This paper aims to analyze the recent decision of the Court of Justice of the EU on the discipline of cross-border investigations of the European Public Prosecutor's Office and its effects with respect to national legal system and future EPPO proceedings. In particular, the case from which the preliminary ruling question originated, the relevant legislation, the hermeneutic options and the judgment will be explained. Whilst the Court has embraced the systematic approach, it has also provided that measures seriously intrusive of fundamental rights enshrined in the Nice Charter must be subject to judicial review in the State where the investigation takes place. This clarification, while aimed at protecting the rights of suspects in these proceedings, achieves contradictory results.

Key words: EPPO; Court of Justice of the European Union; European Investigation Order; Cross-border investigations; Fundamental rights.