ABSTRACT
The European Public Prosecutor’s Office would have investigative and prosecutorial powers in the single legal area of the EU. When it comes to the applicable law for its investigative acts, the picture is not that European, but rather a vague mix of some European and mostly national law. This results not only in great legal uncertainty as to the enforcement powers that can be used and their modalities, but also to increasing conflicts of law when it comes to applicable safeguards and judicial review in the common Area of Freedom, Security and Justice (AFSJ). How should shared enforcement in this area be designed and implemented in order to achieve the goals of the AFSJ (effective crime control in conformity with human rights)?
