JUDICIAL REVIEW IN EPPO REGULATION – THE DECISION ON CHOICE OF FORUM

The Regulation 2017/1939 established the European Public Prosecutor’s Office as an indivisible Union body operating as one single Office with a decentralised structure in Member States (MS). The EPPO investigates, prosecutes and brings before judgement the perpetrators of, and accomplices to, criminal offences affecting the financial interests of the Union which are provided for in Directive (EU) 2017/1371 and determined by Regulation 2017/1939. The EPPO has become operative since June 2021 for the offences falling within its competence not only when committed in one MS but also for those committed in several MS participating in the EPPO. As a consequence, issues arising in cross-border cases have become increasingly important and frequent. They concern various aspects of criminal procedure, such as collection and admissibility of cross-border evidence and choice of forum decisions. This paper addresses the provisions of the EPPO Regulation regarding the choice of forum decisions, highlighting their significance as a binding EU mechanism for resolving conflicts of jurisdiction. It also explores the judicial review of these decisions due to their significance for the rights of the defendants/suspects across the EU. More specifically, this analysis delves into three key areas: first, it identifies the cases in which forum choice decisions are made under the EPPO Regulation; second, it analyses the judicial review provisions outlined in Article 42, particularly in relation to forum choice decisions; and third, it evaluates the effectiveness of the current judicial review system by examining its compatibility with the Treaties and the Charter.