Explanatory Memorandum to COM(2018)563 - Appointment of the members of the panel provided for in Article 14(3) of Regulation (EU) 2017/1939 - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2018)563 - Appointment of the members of the panel provided for in Article 14(3) of Regulation (EU) 2017/1939. |
|---|---|
| source | COM(2018)563  |
| date | 31-07-2018 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Council Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘EPPO’) was adopted on 12 October 2017 and entered into force on 20 November 2017 1 . In accordance with Article 20 of that Regulation, the Commission is responsible for the establishment and initial administrative operation of the EPPO, until the EPPO has the capacity to implement its own budget. The Commission is undertaking all necessary efforts to ensure a swift setting up of the EPPO. In line with Article 120 of the Regulation and following a build-up phase of three years, the Commission aims at having the EPPO operational by the end of 2020.
A key aspect in getting the EPPO up and running concerns the selection and appointment of its staff, in particular the European Chief Prosecutor and European Prosecutors. In order to select the European Chief Prosecutor and European Prosecutors of the EPPO, Article 14 i of Regulation (EU) 2017/1939 provides that the Council shall establish the selection panel’s operating rules and shall adopt a decision appointing its members on a proposal from the Commission. For this purpose, the Commission adopted a proposal for a Council Implementing Decision with an Annex establishing the selection panels’ operating rules on 25 May 2018 2 .
In order to establish the selection panel provided for in Article 14 i of Regulation (EU) 2017/1939, the Commission proposes a Council Implementing Decision for the appointment of the members of the panel. In accordance with Article 14 i of Regulation (EU) 2017/1939, the Commission proposes twelve members for the selection panel, chosen from among 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 was proposed by the European Parliament on 31 May 2018. The Commission has taken into account the need to ensure balance in terms of geographical distribution, gender and knowledge of legal systems of the Member States participating in the EPPO.
• Consistency with existing policy provisions in the policy area
The establishment of the EPPO is foreseen by Article 86 of the Treaty on the Functioning of the European Union (TFEU). The EPPO will be the first EU body with criminal investigation and prosecution powers into crimes affecting the financial interests of the Union and will be a completely new actor in the European judicial landscape. The EPPO is expected to lead to a more consistent and effective prosecution policy for crimes affecting the EU budget, resulting in a greater number of prosecutions, convictions and a higher level of recovery of fraudulently lost Union funds.
By submitting this proposal for a Council Implementing Decision appointing the members of the panel selecting the European Chief Prosecutor and European Prosecutors of the EPPO, the Commission is complying with its obligation under Article 14 i of Regulation (EU) 2017/1939. This proposal allows for the setting up of the selection panel, thus starting with the required selection and appointment procedures of the EPPO’s European Chief Prosecutor and European Prosecutors. This proposal is therefore fully consistent with existing policy provisions in the respective policy area.
• Consistency with other Union policies
This initiative is consistent with other Union policies and legislative developments aimed at strengthening the protection of the Union’s financial interests.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The proposal is based on Article 291 TFEU in conjunction with Article 14 i of Council Regulation (EU) 2017/1939.
• Subsidiarity (for non-exclusive competence)
In accordance with Article 14 i of Regulation (EU) 2017/1939, the Commission is legally required to submit a proposal for the appointment of the members of the selection panel by the Council. This proposal follows up on the Commission proposal for a Council Implementing Decision with an Annex establishing the selection panels’ operating rules. This proposal is essential to ensure that the selection panel is set up in order to swiftly select and appoint the European Chief Prosecutor and European Prosecutors of the EPPO.
• Proportionality
This proposal is limited to what is necessary in order to attain the proposed objectives and is therefore compliant with the principle of proportionality. This proposal is directly linked to the entry into force of Regulation (EU) 2017/1939 and fundamental in ensuring a swift setting up of the EPPO.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Given the targeted and limited nature of this proposal, and the fact that it complies with the obligation put on the Commission in Article 14 i of Council Regulation 2017/1939, ex-post evaluations, stakeholder consultations and an impact assessment were not carried out.
4. BUDGETARY IMPLICATIONS
This proposal has no budgetary implications.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
Given the nature of this proposal, there is no implementation planning associated with this measure.
• Explanatory documents (for directives)
This proposal does not require Explanatory Documents on the transposition.
• Detailed explanation of the specific provisions of the proposal
Article 1 stipulates that for a period of four years from the date of entry into force referred to in Article 2, the twelve persons enlisted shall be appointed members of the panel provided for in Article 14 i of Regulation (EU) 2017/1939.