Judicial review in view of the EPPO’s independence

Abstract

One of the foundational principles of the European Public Prosecutor’s Office (EPPO) is its independence. At the same time, the EPPO is not above the law but bound by EU and national law, and the lawfulness of the EPPO’s actions and omissions is subject to judicial review. This creates a productive tension (1) which is at the centre of this brief contribution. It sheds light on the extent to which the EPPO is independent from judicial review (2), but also how the EPPO’s independence may be strengthened through judicial review (3). It concludes with suggestions to strengthen both the EPPO’s independence and its binding to the law as interpreted by (European) courts (4)