Has the European Prosecutor's Office reduced corruption in the EU? Interview

By December 31, 2023, the European Public Prosecutor’s Office had 1,927 active investigations with damage estimated at over 19.2 billion euros. 

European prosecutors had filed 139 indictments, over 50% more than in 2022, bringing fraud perpetrators from the EU before national courts. 

In line with the European Public Prosecutor’s Office’s objective to focus on recovering damages, judges have granted European delegated prosecutors orders to freeze assets worth 1.5 billion euros, an amount over four times greater than that in 2022. 

How deep and widespread is the phenomenon of embezzlement of European funds?

The issue of creating control mechanisms by the Union was always raised when European funds were granted, to monitor how these funds were spent. 

The European Union has a keen interest in verifying the mechanisms through which European funds are spent, but it did not have the necessary tools until the European Public Prosecutor’s Office became operational, a new type of prosecutor’s office that has been extensively discussed in the last 10-15 years. 

Getting here required a mutual agreement of all states involved in this matter, although not all EU member states participate in this form of consolidation or in this form of verifying how European funds are spent.

How much has the establishment of the European Public Prosecutor's Office limited the defrauding of European Union funds?

It is too early to say because we do not yet have finalized cases from the European Public Prosecutor's Office. 

As a lawyer, do you defend those who defraud European funds, or do you engage in activities to educate those who apply for these funds in avoiding possible legislative violations?

Both. I couldn't engage in awareness-raising, consultancy in this area without having gone through multiple processes, defending individuals under investigation, or requested for information, as many individuals are only asked for information and the investigation ceases once sufficient clarifications are provided. Not all individuals under investigation are automatically guilty.

What can you tell us about cases such as the one reported in the press about a possible violation of the law by Romanian companies attempting to collect European subsidies for farmers by turning the reed from the Danube Delta into agricultural land?

I will not comment on an ongoing investigation. This weekend, I participated in a meeting in Brussels between European lawyers, the European Commission, which monitors the European Public Prosecutor's Office's activities and the necessary steps in the future to streamline the fight against the defrauding of European funds. 

The process of achieving convictions takes years. A European Public Prosecutor investigates, prepares a criminal case, and brings it to the courts in the respective country, entering a procedural system that can lead to blockages and delays. From this perspective, what can the European Union and the European Commission do to shorten the duration of the proceedings?

The passage of time in a trial is not beneficial for the defense. 

Often, the defense wants to come and present its version as soon as possible. To request evidence. And often, the interest, even of the defense, is to have a judicial process as fast as possible. However, unfortunately, there are bureaucratic procedures and countries with cumbersome legislation that should be amended.

What to Know About the European Public Prosecutor's Office

• The European Public Prosecutor's Office (EPPO) is a central institution within the European Union, established with the primary mission of safeguarding the EU's financial interests. 

• It officially started its operations on June 1, 2021. EPPO represents a significant step forward in the EU's efforts to combat financial crimes, such as fraud, corruption, and money laundering, especially those affecting the EU budget. 

• The establishment of EPPO was driven by the need to go beyond national authorities, whose investigative scope was often limited to their borders, thus hindering efficient prosecution of transnational crimes. 

• EPPO operates as an independent body, with the authority to investigate, prosecute, and bring crimes to court against the EU budget. These include cross-border fraud cases in VAT involving damages exceeding 10 million euros and other fraud cases involving amounts over 10,000 euros from EU funds. 

• Its structure is designed to closely collaborate with national law enforcement authorities, enhancing cooperation and coordination among member states.
• 22 EU countries have joined EPPO, using the procedure, which allows a group of member states to advance in areas of common interest, even if not all member states participate.

• EPPO has played a crucial role in combating complex financial crimes, working hand in hand with participating and non-participating EU member states, as well as with states outside the EU, to investigate serious organized crimes and money laundering flows.

• EPPO's role extends beyond mere criminal prosecution; it also aims to encourage a culture of legality and integrity, thereby increasing the confidence of EU citizens in the fiscal management of the Union. By ensuring that offenses against the EU budget are effectively prosecuted, EPPO plays a crucial role in protecting the Union's commercial interests and supporting the rule of law in all member states.

Sources: EPPO, European Parliament, European Council