EPPO (Controle juridictionnel des actes de procedure) (Judicial cooperation in criminal matters - European Public Prosecutor's Office - Opinion) FR

(Request for a preliminary ruling from the Juzgado Central de Instrucción n° 6 de la Audiencia Nacional (Central Court of Preliminary Investigation No 6 of the National High Court, Spain))

( Reference for a preliminary ruling - Judicial cooperation in criminal matters - European Public Prosecutor’s Office - Regulation (EU) 2017/1939 - Article 42(1) - Procedural acts of the European Public Prosecutor’s Office that are intended to produce legal effects vis-à-vis third parties - Witness summons - National legislation precluding direct judicial review by national courts - Second subparagraph of Article 19(1) TEU - Article 47 of the Charter of Fundamental Rights of the European Union - Right to effective judicial protection - Principles of equivalence and effectiveness )

So far as appears relevant to the circumstances of this reference, recitals 86 to 89 of the EPPO Regulation state that:

‘(86) Article 86(3) TFEU allows the Union legislator to determine the rules applicable to the judicial review of procedural measures taken by the EPPO in the performance of its functions. That competence granted to the Union legislator reflects the specific nature of the tasks and structure of the EPPO, which is different from that of all other bodies and agencies of the Union and requires special rules regarding judicial review.

(87) According to Article 86(2) TFEU, the EPPO exercises its functions of prosecutor before the competent courts of the Member States. Acts undertaken by the EPPO in the course of its investigations are closely related to the prosecution which may result therefrom, and thus have effects in the legal order of the Member States. In many cases the acts will be carried out by national law enforcement authorities acting under the instructions of the EPPO, in some cases after having obtained the authorisation of a national court.