12th March lecture: Judicial Cooperation between the EPPO and authorities from non-participating Member States and third countries

Lecturer: Florin-Răzvan RADU Principal Legal Officer, EPPO Legal Service
Author: Miriam Testa
Committee: Eu institutions Committee
Date: 12/03/2025

On the 12th March 2025 the Principal Legal Officer of the EPPO Legal Service, and the Chair of our EU Institutions Subcommittee, Florin-Răzvan RADU will held a lecture about the relations and cooperation of the EPPO with the authorities of non-participating European Member States and third Countries.

Cooperation with non-participating Member States

Nowadays, only three European Member States out of 27 decided not to take part in the cooperation with the EPPO.

Binding legal framework on cooperation with non-participating Member States. 

Although the EPPO is not in charge in these Member States, the European Union designates the EPPO as the competent authority in different EU acts, such as:

●      Directive 2014/41/EU (European Investigation Order): HU / 2000 Convention on MLA between MS: DK, IE

●      Regulation (EU) 2018/1805 (freezing/confiscation order) – HU / Framework Decision 2003/587/JHA (for DK, IE*)

●      Framework Decision 2002/584/JHA on the European  ● Arrest Warrant (EAW).

In addition, binding legal framework could be adopted with an unilateral recognition of the non-participating Member States.

Working Arrangements with NPMS’s authorities

The EPPO could also enhance the cooperation with non-participating Member States by signing Working Agreements.

It is important to take into consideration that: The working arrangements concluded by the EPPO do not represent, per se, the legal basis for cooperation in criminal matters. Their aim is to facilitate this cooperation, which is always based on the applicable binding legal instrument (EU law or international agreement, respectively).

Cooperation with Third Countries

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Binding legal framework for cooperation with Third Countries

The EPPO could sign Mutual legal assistance (MLA) with Third Countries.

Moreover, the EPPO’s competence in Third Countries could be the result of:

1.     International agreements on cooperation in criminal matters with the EPPO concluded by the Union or to which the Union has acceded (Art. 104 para. 3 EPPO Reg.);

2.     International agreements (mainly multilateral conventions) to which the participating Member States are Parties;

3.     In absence of 1) or 2):

–       the European Delegated Prosecutor may have recourse to his/her powers as national prosecutor (i.e. bilateral treaty);

–       the EPPO may also request legal assistance in criminal matters from authorities of third countries in a particular case and within the limits of its material competence, relying on reciprocity or international curtesy.

Furthermore, the EPPO’s competence could be exercised in case of extradition: the handling

European Delegated Prosecutor has to request the competent national authority of his/her Member State to issue an extradition request in accordance with applicable treaties/national law.

Working Arrangements with Third Countries’ authorities

To date, the EPPO has signed numerous Working Arrangements with Third Countries’ authorities, such as:

● National Anti-Corruption Centre of the Republic of Moldova (26 November 2024)¹; ● His Majesty’s Revenue and Customs (HMRC) United Kingdom (13.02.2025)².

You can find the slides of the lecture here

¹You can find the Working Arrangement  here, on the STEPPO website.

² Forthcoming blog on the Working Arrangement will be available on the STEPPO website.