Implementing decision 2018/1696 - Operating rules of the selection panel provided for in Article 14(3) of Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office (‘the EPPO’) - Main contents
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Council Implementing Decision (EU) 2018/1696 of 13 July 2018 on the operating rules of the selection panel provided for in Article 14(3) of Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office (‘the EPPO’)| Legal instrument | implementing decision |
|---|---|
| Number legal act | Implementing decision 2018/1696 |
| Original proposal | COM(2018)318  |
| CELEX number i | 32018D1696 |
| Document | 13-07-2018; Date of adoption |
|---|---|
| Publication in Official Journal | 12-11-2018; OJ L 282 p. 8-12 |
| Effect | 02-12-2018; Entry into force Date pub. +20 See Art 2 |
| End of validity | 31-12-9999 |
12.11.2018 |
EN |
Official Journal of the European Union |
L 282/8 |
COUNCIL IMPLEMENTING DECISION (EU) 2018/1696
of 13 July 2018
on the operating rules of the selection panel provided for in Article 14(3) of Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office (‘the EPPO’)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office (‘the EPPO’) (1), and in particular Article 14(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
Regulation (EU) 2017/1939 provides that the European Parliament and the Council are to appoint the European Chief Prosecutor, by common accord, from a shortlist of qualified candidates drawn up by a selection panel. The selection panel is to be comprised of 12 persons that are to be chosen from former members of the Court of Justice and the Court of Auditors, former national members of Eurojust, members of national supreme courts, high level prosecutors and lawyers of recognised competence. One of the persons chosen is to be proposed by the European Parliament. The Council is to establish the operating rules of the selection panel. |
(2) |
Regulation (EU) 2017/1939 also provides that the Council is to appoint each European Prosecutor from amongst three candidates nominated by each Member State after having received a reasoned opinion from the selection panel. |
(3) |
The procedure for the selection of the European Chief Prosecutor and of European Prosecutors should be a key element to ensure their independence. |
(4) |
The operating rules of the selection panel should ensure that the selection panel has the necessary independence and impartiality to carry out its work. |
(5) |
The operating rules of the selection panel should therefore be established, |
HAS ADOPTED THIS DECISION:
Article 1
The operating rules of the selection panel provided for in Article 14(3) of Regulation (EU) 2017/1939 shall be set out in the Annex to this Decision.
Article 2
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 13 July 2018.
For the Council
The President
-
H.LÖGER
ANNEX
OPERATING RULES OF THE SELECTION PANEL
-
I.Mission
The selection panel shall draw up a shortlist of qualified candidates for the position of European Chief Prosecutor, in accordance with Article 14(3) of Regulation (EU) 2017/1939 (1), before the appointment of the European Chief Prosecutor by the European Parliament and the Council. It shall also provide a reasoned opinion on the qualifications of candidates nominated for the position of European Prosecutor in accordance with Article 16(2) of Regulation (EU) 2017/1939. The Council shall appoint the European Prosecutors after receipt of the reasoned opinion.
II. Composition and term of office
The selection panel shall be comprised of 12 persons who, at the time of their appointment, are former members of the Court of Justice and the Court of Auditors, former national members of Eurojust, members of national supreme courts, high-level prosecutors or lawyers of recognised competence. All members shall meet at least one of the abovementioned criteria at the time of their appointment.
The members of the selection panel shall be appointed by the Council, on a proposal by the Commission, for a period of four years. One of the persons chosen shall be proposed by the European Parliament. A person who is to replace a member before the expiry of...
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