EPPO material competence: Analysis of the PIF Directive and Regulation

This chapter examines the material competence of the European Public Prosecutor’s Office (EPPO). It first inquires what the notion of ‘crimes affecting the EU financial interests’ means and, second, discusses the relevant rules laid down in the EPPO Regulation, namely Article 22 (‘Material competence of the EPPO’) and Article 25 (‘Exercise of the competence of the EPPO’). The focus of the analysis then shifts to the Directive on the fight against fraud to the Union’s financial interests by means of criminal law (‘PIF Directive’), with the aim of pointing out the most significant developments it has brought about in the acquis of the protection of the Union’s financial interests. After some remarks on the Directive’s legal basis, equal attention will be paid to the provisions of the special and general part of criminal law. This chapter demonstrates that the Regulation is not very precise in framing the EPPO competence, especially because vague notions (e.g., ‘focus of the activity’, ‘inextricably linked offences’) are used. The EPPO competence’s boundaries look even less clear if one bears in mind that the offences falling within its competence, and the penalties thereof, will depend on national legislation, and especially national laws implementing the PIF Directive.