The EPPO’s material scope of competence and non-conformity of national implementations

Abstract

The choice in the EPPO Regulation to establish the material scope of the EPPO by referring to the provisions in the PIF Directive “as implemented by national law” implies that the exact scope of competence of this first European investigating and prosecuting authority finally arises out of national legislations. As a result, the latter becomes decisive in setting the boundaries of individual responsibility in the concrete case. As it was in the past under the force of the third pillar instruments, the level and quality of implementation at national level remain crucial. The first report of the Commission on the implementation of the PIF Directive did raise several critiques in this respect. As a matter of fact, a significant number of infringement proceedings have been launched by the Commission following the worrying findings of the Implementation Report on the PIF Directive. Before looking at the major situations of non-conformity of national legislations with the provisions in the PIF Directive, and the consequences for the effectiveness of EPPO investigations, the Author shortly exposes the main inherent weaknesses of the legal landscape defining the EPPO’s material scope, and the detrimental consequences that the present situation produces not only for the effectiveness of EPPO activities but also with respect to the position of the defendant.