The EPPO and the equality of arms between the prosecutor and the defence1

Abstract

This piece looks at the principle of equality of arms in EPPO proceedings, arguing that it should be looked at as a mandate for maximisation rather than only as a requirement of meeting certain minimum standards. It advocates for addressing the imbalance in a three-fold manner: in the short term, i) it is up to the EPPO itself to set its bar high and harmonise practices and procedures in a way that maximises the respect for the principle of equality of arms, by strengthening and harmonising the rights of defence; in the medium-term ii) to create a strong and harmonised set of procedural safeguards that addresses the systemic flaw and the fragmented legal protection, including the right to effective judicial review and substantive remedies, but also safeguards for intrusive acts of evidence-gathering, seizure and detention; and iii) to set avenues of direct access for the accused to the Court of Justice of the EU in respect of EU Law in EPPO proceedings. It concludes with the author’s wish that the establishment of a single prosecution office will be counterbalanced by the enfranchisement of citizens with a robust single Charter of defence rights, including a strong and pro-active global defence, and effective remedies under a single legal area, including access to a truly European Court: One Single Office, One Single Charter, One Single Global Defence, One Single Court.