Commentary on Judgment No. 33087 of 2024: Functional Jurisdiction and Evidentiary Seizure

Judgment No. 33087 of May 10, 2024, published on August 23 of the same year, represents an important ruling on functional jurisdiction concerning evidentiary seizure orders issued by the delegated European prosecutor. It clarifies the procedures by which the competent court must review such orders, establishing fundamental rules that influence the European and national judicial systems.

The Issue of Functional Jurisdiction

The central issue addressed by the judgment concerns functional jurisdiction for the review of evidentiary seizure orders. As established by the Court, the court in the provincial capital where the delegated European prosecutor's office is located has jurisdiction for such review. This provision is based on Article 9, paragraph 2, of Legislative Decree of February 2, 2021, No. 9, which stipulates that ordinary rules on national judge's jurisdiction remain in force.

Evidentiary seizure order issued by the delegated European prosecutor - Review - Functional jurisdiction - Court of the provincial capital where the delegated European prosecutor's office is located - Existence - Reasons. Regarding functional jurisdiction, the court competent to decide on the review of the evidentiary seizure order issued by the delegated European prosecutor is the court of the provincial capital in which the office of the aforementioned prosecutor is located, given that the special legislation concerning EPPO functions, as per Article 9, paragraph 2, of Legislative Decree of February 2, 2021, No. 9, leaves "the ordinary rules on the jurisdiction of the national judge in any case unaffected."

Implications of the Judgment

This judgment highlights the importance of a clear delineation of competencies among different judicial levels and bodies, especially in a European context where cooperation among Member States is increasingly necessary. The decision of the Naples court, which rejected the jurisdictional challenge, underscores the need to ensure effective management of criminal investigations involving multiple countries.

• Clarity in judicial competencies.
• Support for transnational investigations.
• Need for a coherent regulatory framework at the European level.

Conclusions

Judgment No. 33087 of 2024 represents a significant step towards greater clarity and consistency in the European judicial system. It not only clarifies the role of the delegated European prosecutor but also establishes a fundamental principle regarding functional jurisdiction, which could influence future legal decisions on evidentiary seizure and international cooperation. In an era where legal challenges are becoming increasingly complex, it is essential for legal professionals and citizens to understand the importance of these rulings and their repercussions within the European and national regulatory framework.