This article outlines the new Directive on the violation of Union restrictive measures (EU sanctions), adopted on 24 April 2024. This legislation, initiated by the European Commission in the aftermath of Russia’s war of aggression against Ukraine, above all aims to harmonise across the Member States criminal offences and penalties for the violation of EU sanctions, to strengthen the enforcement of EU sanctions, and to facilitate the confiscation of assets subject to EU sanctions. Lastly, the article examines the possible extension of the competence of the European Public Prosecutor’s Office (EPPO) to the criminal offences harmonised by the new Directive.

This article examines the exercise by the Court of Justice of the European Union of its judicial review jurisdiction with respect to the European Public Prosecutor's Office. It describes the Court of Justice’s activities in the framework of the Area of Freedom, Security and Justice, of which the European Public Prosecutor’s Office is a key element, before examining the Court’s jurisdiction to review the legality of measures taken by the European Public Prosecutor's Office and a number of cases in that context.

On 21 December 2023, the CJEU delivered its first judgment in response to the preliminary reference concerning the extent of judicial review in the context of the EPPO’s cross-border investigations. The questions referred to the CJEU aimed to shed light on two crucial aspects of the respective legal framework. They address both the forum before which the suspect, or another person negatively affected by an investigative measure of the EPPO, may challenge the substantive reasons for adopting the measure and the scope of judicial scrutiny to be performed by the national court. This article first calls to mind the facts of the case and the legal framework on cross-border investigations laid down in Arts. 31 and 32 of the EPPO Regulation. Next, it analyses the Advocate General’s opinion and the findings of the Court and then provides an assessment of the judgment, taking into account the negotiation history of the EPPO Regulation. The author concludes that, even if the CJEU’s judgment offers much-needed clarity and legal certainty for carrying out cross-border investigations by the EPPO, the more adequate solution would be if the Commission were to propose an amendment of the EPPO Regulation.