DREPTUL DE EVOCARE AL PARCHETULUI EUROPEAN ȘI DECIZIA DE INIȚIERE A UNEI INVESTIGAȚII – DELIMITĂRI CONCEPTUALE ȘI IMPLICAȚII JURIDICE
THE EUROPEAN PUBLIC PROSECUTOR'S OFFICE RIGHT OF EVOCATION AND THE DECISION TO INITIATE AN INVESTIGATION – CONCEPTUAL DISTINCTIONS AND LEGAL IMPLICATIONS

Summary/Abstract: The article examines how the European Public Prosecutor's Office (EPPO) exercises its jurisdiction in cases concerning the protection of the financial interests of the European Union, focusing on the right of evocation and the decision to initiate an investigation, as regulated by Regulation (EU) 2017/1939. The study highlights the legal and procedural differences between the two mechanisms: the right of referral is reactive in nature, allowing the EPPO to take over cases already being investigated at national level, while the initiation of an investigation is an autonomous act of the European Public Prosecutor's Office. The analysis highlights the effects of exercising the right of evocation on the competence of national authorities, the role of the delegated European prosecutor, and the implications of the principle of loyal cooperation in the relationship between the EPPO and Member States. It also highlights the practical difficulties of delimiting jurisdiction, meeting deadlines, and procedural coordination. The main conclusion is that the two legal instruments are complementary and contribute to strengthening European judicial cooperation, ensuring uniform application of EU criminal law and effective protection of its financial interests.

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