Author: Florin-Răzvan RADU
Committee: EU Institutions Committee
Date: 28/05/2024
In accordance with Article 331(1) TFEU and Article 120 of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (“the EPPO Regulation”)1, Poland notified the Commission of its intention to participate in the enhanced cooperation on the establishment of the EPPO on 5 January 2024.
As the Commission Decision2 of 29 February 2024 confirming the participation of Poland in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office has entered into force on the twentieth day from its publication, Poland is already the twenty-third Member State that participates in the EPPO.
The EPPO will be operational in Poland when at least the European Prosecutor for this Member State will be appointed (by the Council of the European Union). This appointment is foreseen for July 2024. Obviously, the appointment of a sufficient number of European Delegated Prosecutors in Poland is essential for the EPPO to have full operational capacity in Poland. To this end, it has been agreed that there will be 24 European Delegated Prosecutors, in four decentralised offices in Poland.
One important element from the Commission Decision on the participation of Poland in the EPPO deserves being underlined in this short blog article: according to Article 2(1) of this Decision, the EPPO Regulation will apply in Poland with regard to any offence within the competence of the EPPO committed after 1 June 2021 (the date when the EPPO started its operations). In this respect, we recall that, according to Article 120 of the EPPO Regulation, “For those Member States which participate in enhanced cooperation by virtue of a decision adopted in accordance with the second or third subparagraph of Article 331(1) TFEU, this Regulation shall apply as from the date indicated in the decision concerned.”
Moreover, according to Article 2(2) of the Commission Decision, Articles 24 to 27 and 31 of Regulation (EU) 2017/1939 will apply in Poland as from the twentieth day of the appointment of the European Prosecutor from Poland in accordance with Article 16 of that Regulation. Such provision was necessary in order to give sufficient time from the date of the appointment of the European Prosecutor (and of the European Delegated Prosecutors) for the EPPO to be operational in Poland, including for initiation and evocation of cases and cross-border investigations.
The rationale behind the choice of 1 June 2021 as the date from which the EPPO is competent in Poland and the transitional arrangements are explained in recitals 10 to 21 from the Preamble to the mentioned Commission Decision.
1 OJ L 283, 31.10.2017, p. 1.
2 Commission Decision (EU) 2024/807 of 29 February 2024 confirming the participation of Poland in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, OJ L, 29.2.2024.