Lastly, it should be pointed out that novel issues may arise, in the future, from the creation of the European public prosecutor’s office (EPPO). On 8 June 2017, twenty Member States reached an agreement on the details concerning the creation, by means of an enhanced cooperation, of the EPPO. Should such cooperation be finalized, the scope of the Court’s jurisdiction with respect to EPPO’s acts – including uner Article 267 TFEU – will need to be determined. Indeed, the draft regulation provides for a system of judicial review which attributes certain tasks to the CJEU and other tasks to the national courts. The jurisdiction of the Court under Article 267 TFEU is specifically dealt with in Article 42 of the draft regulation. Yet, the complexity and originality of the system of judicial review set up by the draft regulation seems likely to give rise to a number of interpretative doubts. Observers have not been slow to point out some drawbacks of that system. To what extent such a system is compatible with the Treaties remains to be seen.
Nils Wahl, Luca Prete
(The Gatekeepers of Article 267 TFEU: On Jurisdiction and admissibility of references for preliminary rulings, Common Market Law Review, vol 55, 2018, pp. 511-548, la p. 521)