Considerations on COM(2019)2 - Transitional rules for the appointment of European Prosecutors for and during the first mandate period (European Public Prosecutor's Office)

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dossier COM(2019)2 - Transitional rules for the appointment of European Prosecutors for and during the first mandate period (European Public ...
document COM(2019)2 EN
date April  9, 2019
 
table>(1)In accordance with Article 16(3) of Regulation (EU) 2017/1939, European Prosecutors are to be appointed by the Council for a non-renewable mandate of six years, which may be extended for a maximum of three years at the end of the six-year period.
(2)In accordance with Article 16(4) of Regulation (EU) 2017/1939, every three years there is to be a partial replacement of one third of the European Prosecutors. The Council, acting by simple majority, is to adopt transitional rules for the appointment of the European Prosecutors for and during the first mandate period.

(3)Those transitional rules should ensure the proper application of the principle of periodical replacement of the European Prosecutors appointed for the first time to the EPPO, with a view to ensuring continuity of the work of the College of European Prosecutors. They should at the same time take into consideration the special needs of the EPPO in the first years following its establishment and beginning of operations.

(4)For those purposes, specific rules should be established on the duration of the term of office of the European Prosecutors appointed for the first time following the entry into force of Regulation (EU) 2017/1939.

(5)To ensure full transparency and impartiality in the determination of those European Prosecutors in the first mandate period whose term of office will be three years instead of six years, a system based on drawing lots should be followed. This system will also ensure that the selection of the European Prosecutors whose term of office will be shorter is neutral in geographic terms.

(6)On 15 January 2019, the Commission submitted a proposal for a Council Implementing Decision on transitional rules for the appointment of European Prosecutors for and during the first mandate period,