Selected issues on the role of the European Public Prosecutor’s Office in cross-border freezing of assets – Ernestina Sacchetto
As is well known, in 2021 the European Public Prosecutor’s Office (“EPPO”) started its activity as an independent EU body investigating and prosecuting offences against EU financial interests. The EPPO has been created not only to fight financial crimes, but also to help the appropriate recovery of criminal profits. This article analyses some selected legal issues arising from the application of cross-border measures relating to the freezing of assets by the European Delegated Prosecutors (“EDP”) in the MSs bound by the Regulation. The first issue concerns the controversial nature of the freezing measure listed in article 30 among the acts guaranteed for the EDPs. Then, the article will focus on an extensive interpretation of the grounds for non-recognition of the orders in light of Regulation 2018/1805/EU with a special focus on the legal remedies in cross-border investigations. The analysis will conclude with a brief consideration concerning the practical allocation of the cost management of seized assets between the handling EDPs and the national competent authorities involved.
