(Luxembourg, 23 January 2025) – Today, the European Chief Prosecutor addressed a letter to the European Commission in line with Recital 16 of Regulation (EU) 2020/2092 of 16 December 2020 on a general regime of conditionality for the protection of the budget of the European Union (Conditionality Regulation), pointing at the amendments of the Austrian law on criminal procedure, which entered into force on 1 January 2025.
Based on a thorough analysis of the new legislation, the European Chief Prosecutor concluded that it contains several elements, which cannot be reconciled with the respect for the principles of the Rule of Law as laid down in the Conditionality Regulation. The new law makes it extremely difficult if not outright impossible for the prosecution services, including for the EPPO when acting in Austria, to effectively gather and seize digital evidence.
Furthermore, the Austrian Federal Ministry of Justice has presented a draft for an Act to Implement EU Criminal Justice Acts. The European Chief Prosecutor considers that this draft law fails to remedy some of the most evident defects in the adaptations of the Austrian legal system to the EPPO Regulation. At the same time, it contains further draft provisions, which raise serious concerns, in particular as regards the intrusive supervision powers of a non-judicial authority, and ultimately for the respect of the EPPO’s independence.
The European Chief Prosecutor therefore informed the European Commission that the new statutes already in force, as well as the proposed additional provisions under discussion, pose a threat to the efficiency of criminal investigations into breaches of the law in general, and by the same token to the effectiveness and efficiency of the EPPO’s investigations under Austrian law. They create a situation where a national, non-judicial authority is in a position to interfere with EPPO investigations in Austria, as well as with EPPO investigations initiated in other Member States, with links to Austria.
The EPPO is the independent public prosecution office of the European Union. It is responsible for investigating, prosecuting, and bringing to judgment crimes against the financial interests of the EU.