To Continue or Not: Who Shall Be in Control of the European Public Prosecutor's Dismissal Decisions?

Abstract

This article intends to present a comprehensive framework for a regime of judicial review on dismissal decisions taken by a future European Public Prosecutor's Office (EPPO). To clearly outline the process of this judicial review the article poses and analyses several underlying issues. First, will a supranational solution be superior to the application of the Member States' individual review systems? If a supranational solution is approved, which legal basis can serve as the foundation for this supranational regime and on which theoretical foundation should it be based? Finally, who should be granted standing to request a review?

It is suggested that judicial review might be enacted on a supranational level. Standing should be granted to EU citizens with an identifiable status in a particular case and to defined groups with a recognised status. The review shall confirm the legality of prosecutorial decisions and maintain public confidence in the EPPO.