NC adopts legislative package on the European Public Prosecutor’s Office

Jun 9, 2021 Benn-Ibler Rechtsanwälte

With the aim of enacting the Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (EPPO), the Austrian National Council (NC) has adopted a legislative package on the European Public Prosecutor’s Office. The Federal Council addressed the decision on 27 May. The independent authority is to commence its operational activities starting from 1 June 2021.

In addition to changes to the Judicial and Public Prosecutors Service Act (Richter- und Staatsanwaltschaftsdienstgesetz), Fiscal Penalties Act (Finanzstrafgesetz) and the Penal Code (Strafgesetzbuch), the Federal Act on the Implementation of the European Public Prosecutor’s Office (Bundesgesetz zur Durchführung der Europäischen Staatsanwaltschaft) was enacted.

Regulation (EU) 2018/1805 is directly applicable, yet it was necessary to adapt the provisions of the regulation to the national system, namely by defining responsibilities. In one point (Art. 3 (2) Regulation (EU) 2018/1805), the discretionary power of the national legislature also had to be filled. 

The mission of the new independent public prosecution office of the European Union is the (cross-border) prosecution of criminal offences against the financial interests of the EU. In accordance with another EU Directive, which was transposed into national law in 2019, the criminal prosecution of acts of fraud prejudicial to the EU’s financial interests is to be pursued. 

The EPPO is an independent European authority headquartered in Luxembourg. It is divided into a central level in Luxembourg and a decentralized level directly in the participating Member States as per Art. 8 (2) Regulation (EU) 2017/1939. In each Member State, at least two Delegated European Public Prosecutors must be established as bodies that operate nationally. These can also carry out tasks as national public prosecutors. The EPPO is to be able to perform its tasks throughout the entire federal territory. So far, 22 Member States participate in the EPPO; Ireland, Denmark, Sweden, Hungary and Poland do not participate.

 808 der Beilagen XXVII. GP (20.05.2021)