'Yellow card' on EPPO triggers Commission review
The European Commission has responded to concerns from a number of national parliaments about whether the proposal to create a European Public Prosecutor's Office complies with the principle of subsidiarity.
The so-called 'yellow card' from 14 national parliamentary chambers in 11 Member States obliged the Commission to review its proposal, which it confirms does indeed comply with the principle of subsidiarity – that action should be taken at the most appropriate government level, be it European, national, regional or local.
In the Communication [146 KB] , the Commission confirms that it will maintain its proposal, stressing that the protection of the EU budget against fraud can be better achieved at EU level. All Member States have agreed in principle to the creation of the EPPO, which is enshrined in the Lisbon Treaty. The Treaty nonetheless sets out a special procedure for the adoption of the EPPO if unanimity cannot be reached in the Council. In such a case, as now looks likely given the yellow cards, a group of at least nine Member States can go ahead with the proposal via the so-called enhanced cooperation procedure.