Author: Anada Ziu
Committee: EU Institutions Committee
Date: 20/05/2025
The European Public Prosecutor’s Office (EPPO) is an independent body of the European Union operational since June 1, 2021. It has been established by Regulation (EU) 2017/1939 1, according to the provisions of Article 86 TFEU to date, 24 EU Member States participate in the EPPO. It is based in Luxembourg and has the competence to investigate and prosecute crimes that harm the financial interests of the EU including corruption, fraud and money laundering.
The EPPO faces certain challenges in being recognized by non-EU countries as a competent authority for judicial cooperation in application of existing international agreements (bilateral treaties or multilateral conventions).
A central challenge comes from the fact that the EPPO is formally a body of the European Union, not a national authority. Nevertheless, the participating Member States, have the obligation (pursuant to Article 104 para. 4 of the EPPO Regulation) to recognize the EPPO as their competent authority. This is very important to underline because traditionally international agreements, including Mutual Legal Assistance (MLA) treaties, refer to cooperation between national authorities/states. As a result, countries outside the EU may be unable to recognize the EPPO as a competent authority in the same way they would recognize a national prosecutor’s office.
Article 104, paragraphs 3 to 5 of the EPPO Regulation is central to understanding this issue. This part of the Regulation sets limits on the EPPO’s role and its interactions with national legal systems, especially in situations where EU Member States are Parties to multilateral agreements together with countries outside the EU. Either way the EPPO faces restrictions in its interactions with the judicial systems of third countries. It raises questions about whether the EPPO can work within the existing MLA agreements and whether it has the power to request judicial assistance according to the rules of these treaties.
Despite these initial challenges the EPPO has taken several key steps to overcome the problem:
– First of all, EPPO is an EU body, and its creation and recognition were formalized through the EPPO Regulation, which provided a legal foundation for its operations and allowed for the adoption of a regulatory framework. This created a solid basis for the EPPO to assert its authority within the EU.
– Secondly the EPPO was notified by the participating Member States as a competent authority for the European Convention on mutual assistance in criminal matters, Strasbourg, 20 April 1959, and its additional Protocols, Strasbourg, 17 March 1978 and 8 November 2001, and by the EU, as its competent authority for the United Nations Convention against transnational organized crime (UNTOC) and the United Nations Convention against corruption (UNCAC), as well as for the EU-UK Trade and Cooperation Agreements. All of these instruments can be used as a legal basis for cooperation between the EPPO and third countries.
– Thirdly, when the EPPO cannot rely on recognition under an agreement referred to in Article 104 paragraphs 3 or 4 of the EPPO Regulation, the European Delegated Prosecutors may make recourse to their powers as national prosecutors, in accordance with the fifth paragraph of Article 104.
– The innovative approach that EPPO brings a development of cooperation with third countries outside EU even though the MLA legislation in third countries traditionally involves national authorities. This has been achieved through working arrangements between the EPPO and several authorities of non-EU Member States, recognizing the EPPO as a competent authority for existing international agreements on MLA, and by strengthening its international credibility as a competent authority. Additionally, EPPO has a close cooperation with built alliances with Europol and Eurojust and participates in relevant judicial networks.
– The final point concerns the fact that over time, several countries outside the EU have begun to recognize the EPPO as a competent authority for legal cooperation, thanks to the effectiveness of its investigations and its growing visibility in addressing crimes that harm the EU’s financial interests. As a result, the EPPO has gained trust in international legal contexts.
The EPPO and SPAK Cooperation
After facing challenges in being recognized as a competent authority, the European Public Prosecutor’s Office has signed a series of important working arrangements with third countries outside the EU such as: Ukraine, Moldova, Montenegro, North Macedonia, Bosnia and Herzegovina, Andorra, Albania etc.
Particularly focusing on cooperation between EPPO and the Special Anti-Corruption and Organised Crime Structure of the Republic of Albania (SPAK). This collaboration is based on the 1959 European Convention on Mutual Assistance in Criminal Matters and its Additional Protocols. These multilateral instruments enable forms of judicial cooperation such as the exchange of information, the execution of investigative acts, and the transmission of evidence. In addition, operational cooperation agreements (working arrangements) have been concluded between the EPPO and the Albanian authorities, detailing the practical modalities of their collaboration. These arrangements specify key aspects of cooperation including:
– the designation of official contact points to ensure direct and efficient communication
– procedures for the sharing of investigative data, documents, and evidence, in compliance with data protection regulations
– mechanisms for conducting joint investigations and coordinating investigative actions
– and the organization of joint training sessions and expert exchanges to strengthen operational capacities.
In June 2023, the EPPO’s Chief Prosecutor, Kövesi, and SPAK’s Chief Special Prosecutor, Dumani, signed an important working arrangement to improve cooperation between their offices. This agreement aims to improve judicial cooperation and facilitate the exchange of information particularly in the fight against corruption and organized criminal activities.
The working arrangement with SPAK follows an earlier agreement signed with Albania’s General Prosecutor’s Office (PGO) in 2022. Both agreements underline that the EPPO is serious about working with justice systems in countries that want to join the EU, like Albania. Thanks to these working arrangements the EPPO and Albanian authorities are able to share information and support each other during investigations, especially in cases involving multiple jurisdictions.
A key part of the agreement is the possibility to create joint investigation teams which combine the expertise and resources of both sides to investigate cross border corruption and organized crime. The agreement also includes important tools to fight financial crime, such as freezing assets and facilitating extradition when necessary.
https://www.eppo.europa.eu/ https://www.eppo.europa.eu/en/about/international-cooperation https://eppo-lex.eu/article-104/ https://www.eppo.europa.eu/en/media/news/eppo-signs-working-arrangement-special-anticorruption-and-organised-crime-structure
https://commission.europa.eu/law/cross-border-cases/judicial-cooperation/types-judicialcooperation/mutual-legal-assistance-and-extradition_en https://www.cna.al/english/aktualitet/marreveshje-mes-spak-dhe-prokurorise-publike-evropianei369739