The European Public Prosecutor Tamara Laptos could not have made the decision not to inform the State Attorney's Office (DORH) or the anti-corruption office USKOK about the preliminary investigation in the Beros/Petrac case on her own.

This is in line with the “principle of loyal cooperation” laid down in the regulation establishing the EPPO, which has been frequently mentioned in recent days by State Attorney- General Ivan Turudic and Prime Minister Andrej Plenkovic.

According to Article 41, paragraph 4, of the Rules of Procedure of the EPPO, it states:

“Where the handling European Delegated Prosecutor considers that in order to preserve the integrity of the investigation it is necessary to temporarily defer the obligation to inform the authorities referred to in Articles 25(5), 26(2) and 26(7) of the Regulation, he/she shall inform the monitoring Permanent Chamber without delay. The latter may object to this decision and instruct the European Delegated Prosecutor to proceed with the relevant notification immediately.”

The decision was taken by three fully independent prosecutors

After the EPPO office in Zagreb came to the conclusion that informing the DORH about the suspicion that a criminal group was stealing money from the healthcare system with the help of the Minister would jeopardise the integrity of the investigation, it informed the Permanent Chamber of Prosecutors in Luxembourg.

The Permanent Chamber is always made up of three prosecutors who are randomly selected from other countries. This is an important principle of the EPPO in order to guarantee the absolute neutrality of the public prosecutors in all cases they handle in their respective countries.

In other words, three completely independent prosecutors in Luxembourg, uninfluenced by any potential history of relationships within USKOK in Zagreb, weighed the arguments and came to the conclusion that it was better for the DORH not to know at that time what had been uncovered in the Beros/Petrac case.

Plenkovic without a clear answer

When Prime Minister Plenkovic commented on this frequently asked question asked by N1 on Wednesday, he did not give a clear answer, but made several related points.

He explained that the Rules of Procedure carry less weight than the Regulation, that the EPPO itself had mentioned in its statement that no damage had been done to the EU budget despite the obvious intention, and that he would not allow anyone to act arbitrarily.

He called on the European Delegated Prosecutors to come forward and explain why they have no confidence in DORH and USKOK.