EPPO and environmental crime: May the EPPO ensure a more effective protection of the environment in the EU?

Notwithstanding the adoption of European measures aimed at tackling environmental crime and the possibilities offered by the new provisions set down in the Treaties, the environment in the European Union is not yet satisfactorily protected, mainly because of an enforcement deficit. Exploring the possibilities offered by the Treaties, this article examines the possibility of developing the potential of Article 86 Treaty on the Functioning of the European Union (TFEU). The article particularly scrutinizes whether the extension of the European Public Prosecutor’s Office’s (EPPO’s) competence to environmental crime could ensure more effective protection of the environment via the effective prosecution of perpetrators of serious environmental crime having a cross-border dimension. To that purpose, firstly, it is ascertained whether and under which conditions it is legally possible and practically feasible to extend the EPPO’s competence over environmental crime. Secondly, it is assessed whether extending the EPPO’s competence to environmental crime is desirable for solving the main problems which cause an enforcement deficit of environmental rules and whether it represents an added value in ensuring the enforcement of the Union’s environmental rules. The findings of the analysis are summarized in the conclusion.