Judicial Remedies in AFSJ Agencies: Trends in Integrated and Hybrid Administration with a Focus on the EPPO’s Case

The The historically intergovernmental approach to European cooperation in the field of JHA has significantly shaped the delegation of powers to the EU’s internal affairs agencies. While Member States have often resisted transferring extensive authority to these entities, this resistance has driven the agencies to develop alternative strategies to assert influence. Within an intergovernmental framework, these agencies have progressively expanded their roles, blurring the lines between technical-administrative tasks and policy-driven responsibilities. This dynamic evolution underscores their growing importance within the EU’s AFSJ. Despite their designation as technical or administrative bodies, agencies such as Frontex, Europol, the EPPO, and the EUAA are reshaping the traditional executive and administrative landscape. They frequently operate through hybrid or composite procedures, engaging both EU and national actors in complex decision-making processes. These arrangements often involve significant law enforcement activities that can directly impact fundamental rights, highlighting the need for robust mechanisms to ensure compliance with EU law and the protection of individual rights. Judicial oversight of these agencies’ actions is particularly distinctive, reflecting the EU’s multilayered governance structure. Legal supervision often combines the jurisdiction of EU and national courts, aiming to hold these entities accountable within their mandates. This paper focuses on the hybrid system of judicial oversight implemented by the EPPO. At the EU level, its actions are reviewed by the CJEU, while procedural decisions made by delegated prosecutors within Member States fall under the jurisdiction of national courts. This dual structure exemplifies both the challenges and benefits of hybrid oversight in navigating the operational interplay between EU and national actors. The study evaluates whether this model can be effectively extended to other EU bodies and assesses its potential to enhance accountability and safeguard fundamental rights in other agencies.