The Functional Paradigm of Protecting the Criminal Justice System under EU Law

Abstract

This article provides a comprehensive analysis of the functional paradigm of protecting the criminal justice system under European Union law. Based on the analysis of EU secondary law acts, it is argued that over the last decade, a fundamental shift has occurred in European law: from a fragmentary, financially oriented approach, characteristic of Directive (EU) 2017/1371 (PIF Directive), to the autonomous harmonization of the protection of judges, prosecutors, and lawyers as an independent value ensuring the rule of law.
The author identifies three stages in the evolution of this paradigm: the stage of national sovereignty and fragmentation (until 2017); the stage of financial pragmatism (2017–2019), represented by Directives 2017/1371, 2018/1673, and 2019/713; and the current stage of protecting the rule of law (since 2022), expressed in Directive (EU) 2024/1226 on sanctions, Directive (EU) 2024/1069 (Anti-SLAPP), and the 2023 European Commission Proposal for a new Anti-Corruption Directive (COM(2023) 234 final), which reached the Council of the EU’s general approach (June 2024) and is currently undergoing negotiations regarding specific transformations.
It is noted that a key element of the new paradigm is the unification of the concept of «obstruction of justice,» the recognition of the legal profession as an integral subject of protection, and the institutional strengthening of the European Public Prosecutor’s Office (EPPO) as a supranational investigative body.
The article concludes that the protection of criminal justice bodies is ceasing to be an exclusively internal affair of Member States and is transforming into a comprehensive tool for ensuring the integrity of the unified EU legal space, which has direct significance for Ukraine given its status as a candidate for EU membership.