The European Public Prosecutor’s Office as a Hungarian investigating authority?

Abstract

Abstract
Aim: The possible and perceived deficiencies in connection with the public prosecutions in the criminal procedures regarding those crimes falling under the competence of the European Public Prosecutor’s Office (hereinafter: EPPO) would be eliminated without the accession to the EPPO and prejudice of the state sovereignty.
Methodology: Through the analysis and assessment of the national systems of criminal procedures and that of the EPPO regulation together with the experience of its implementation, it is possible to create up a hypothetical scenario about the possible place and added value of the EPPO in the Hungarian criminal procedure until the indictment.
Findings: The EPPO has started its effective operation with the participation of 22 EU Member States from 1 July 2021. The EPPO constitutes a two-tier system that connects with the criminal justice systems of the Member States through European Delegated Prosecutors. Accordingly, the EPPO would find its place presumably within the Hungarian public prosecutor’s office and would build on its infrastructure and human resources, furthermore its investigation would be similar to the Hungarian form of special investigations conducted by the public prosecutor. Given that the rules of the criminal procedures are not harmonized within the European Union, the essence of the EPPO’s added value regarding the crimes under its competence would be the fracture of the monopoly of public prosecution through the transfer of public powers which is otherwise entitled to the national public prosecutor. However, this has led to political reservations in Hungary.
Value: The theoretical level of the protection of the financial interests of the European Union may increase to the same level of those Member States joined to the EPPO by pursuing reasonable objectives in legal policy, in particular with the amendment of the law on criminal procedure.