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EPPO’s statement on the decision by the Fiscal General del Estado

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The European Public Prosecutor’s Office (EPPO) has taken note of the decision of 28 March 2022 by the Fiscal General del Estado to divide the competence over the same facts between the Fiscalia Anticorrupcion and the EPPO. The EPPO is of the view that this decision is not in line with EU law and will continue its investigation.

On this occasion, the European Chief Prosecutor would like to express her concern about the procedure that led to the decision of the Fiscal General del Estado.

Specifically, the decision on a conflict of competence between a national body and a European body has been taken by the Fiscal General del Estado who is the hierarchical superior of the national body and thus partial to the ongoing proceedings. Furthermore, the decision has been taken without hearing both parties to the conflict of competence during the meeting of the Fiscales de Sala.

Finally, the Spanish law regulating this procedure, which concerns the interpretation and application of Union law, does not provide for any remedy.

This prevents the European Court of Justice from exercising its exclusive mandate to ensure the correct interpretation of EU law and thus constitutes a challenge to the supremacy of EU law.