Forum choice and judicial review under the EPPO's legislative framework

Abstract

The EPPO proposal introduces a new authority that will be competent to act on the joint territories of over twenty Member States. The EPPO structure as it is now is a highly decentralized model. Rules of substantive criminal law and criminal procedure have only been partially harmonized, even after the PIF directive and the Roadmap on defence rights will be fully implemented. The choice of the forum therefore affects the powers, safeguards and remedies of all the actors involved (EPPO, defendants, victims, state authorities). To which extent are/should these forum choices be guided by clear legal rules? Which remedies are available, and if so, for whom and at which level? This chapter deals with these issues and aims to provide an oversight and appraisal of the state of play. It analyses the proposed rules on choice of forum, including judicial review, and seeks inspiration from the Swiss system to propose some amendments.