Explanatory Memorandum to COM(2022)564 - Appointment of the members of the selection panel provided for in Article 14(3) of Regulation (EU) 2017/1939 - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2022)564 - Appointment of the members of the selection panel provided for in Article 14(3) of Regulation (EU) 2017/1939. |
|---|---|
| source | COM(2022)564  |
| date | 28-10-2022 |
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 . The EPPO assumed the investigative and prosecutorial tasks conferred on it by such Regulation on 1 June 2021. The EPPO is responsible for investigating, prosecuting and bringing to judgment the perpetrators of, and accomplices to, criminal offences affecting the Union’s financial interests which are provided for in Directive (EU) 2017/1371 2 and determined by Regulation (EU) 2017/1939.
In accordance with Article 8 of Regulation (EU) 2017/1939, the European Prosecutors are part of the central level of the EPPO. Together with the European Chief Prosecutor, all European Prosecutors, that is, one European Prosecutor per Member State participating in the enhanced cooperation on the establishment of the EPPO, form the College of the EPPO. The Council appointed the first 22 European Prosecutors of the EPPO in July 2020 3 .
The mandate of the European Prosecutors is of six years and the Council may decide to extend it for a maximum of three years (Article 16 i of Regulation (EU) 2017/1939). Article 16 i of Regulation (EU) 2017/1939 provides that every three years there should be a partial replacement of one third of the European Prosecutors and requires the Council to adopt transitional rules for the appointment of the European Prosecutors for and during the first mandate period. On this basis, the Council adopted Council Implementing Decision (EU) 2019/598 of 9 April 2019 4 , which provides that the mandate of the European Prosecutors from eight Member States, determined by drawing lots, should be of three years and should not be renewable. The mandate of these European Prosecutors will thus expire in July 2023.
Article 16(2) of Regulation (EU) 2017/1939 provides that the Council should select and appoint one of the candidates nominated by the Member States for the post of European Prosecutors after having received the reasoned opinion of the selection panel referred to in Article 14 i of the same Regulation. In accordance with the latter provision, the selection panel should comprise twelve persons, to be appointed by the Council on a proposal from the Commission, and 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 should be proposed by the European Parliament. The mandate of the current members of the selection panel expires on 9 October 2022, in accordance with Article 1 of Council Decision (EU) 2018/1275 5 .
As the selection panel needs to be renewed in order to carry out the interviews of the candidates nominated by the Member States for the replacement of eight European Prosecutors, the Commission proposes a Council Decision for the appointment of the members of the panel. All the members proposed meet the above-mentioned requirements set out in Article 14 i of Regulation (EU) 2017/1939. One of the persons chosen was proposed by the European Parliament on 7 June 2022. When proposing the twelve members of the selection panel, 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 EPPO was established by means of Regulation (EU) 2017/1939, which was adopted on the basis of Article 86 TFEU. The EPPO has been exercising the functions attributed to it by Regulation (EU) 2017/1939 since 1 June 2021. By submitting this proposal for a Council Decision appointing the members of the selection panel, the Commission is complying with its obligation under Article 14 i of Regulation (EU) 2017/1939. This proposal allows for the appointment of the new members of the selection panel, as the mandate of the current members is due to expire on 9 October 2022, in accordance with Article 1 of Council Decision (EU) 2018/1275. The appointment of the selection panel by the Council would then allow for the launch of the necessary procedures to replace eight European Prosecutors in 2023 and, when appropriate, other European Prosecutors and the European Chief Prosecutor. This proposal is therefore consistent with the existing policy provisions in the respective policy area.
• Consistency with other Union policies
This proposal is consistent with other Union policies 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 14 i of Regulation (EU) 2017/1939.
• Subsidiarity (for non-exclusive competence)
The proposal for the appointment of the members of the selection panel provided for in Article 14 i of Regulation (EU) 2017/1939 can only be made by the Commission and is thus an exclusive competence by nature, which is not subject to the principle of subsidiarity.
• 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 essential in ensuring that the European Prosecutors and the European Chief Prosecutor can be replaced at the end of their mandate, thus ensuring continuity in the operational activities of the EPPO.
• Choice of the instrument
Article 14 i of Regulation (EU) 2017/1939 provides that the Council is to adopt a decision appointing the members of the selection panel on a proposal from the Commission. The choice of the proposed instrument is therefore required by the existing legislation on the matter.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Given the technical nature of this proposal and the absence of discretion on the Commission, which is complying with the obligation set out in Article 14 i of Regulation (EU) 2017/1939, ex-post evaluations, stakeholder consultations and impact assessments 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 measure, there is no need for implementation plans and monitoring nor for evaluation and reporting arrangements.
• Detailed explanation of the specific provisions of the proposal
Article 1 provides that the twelve persons listed therein should be appointed as members of the panel provided for in Article 14 i of Regulation (EU) 2017/1939 for a period of four years from the date of entry into force referred to in Article 2.