Implementing decision 2023/134 - Amendment of Implementing Decision (EU) 2018/1696 as regards the use of videoconferencing for the hearing of candidates

Please note

This page contains a limited version of this dossier in the EU Monitor.

Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This implementing decision has been published on January 19, 2023 and entered into force on January 20, 2023.

2.

Key information

official title

Council Implementing Decision (EU) 2023/134 of 17 January 2023 amending Implementing Decision (EU) 2018/1696 as regards the use of videoconferencing for the hearing of candidates
 
Legal instrument implementing decision
Number legal act Implementing decision 2023/134
Regdoc number ST(2022)14630
Original proposal COM(2022)565 EN
CELEX number i 32023D0134

3.

Key dates

Document 17-01-2023; Date of adoption
Publication in Official Journal 19-01-2023; OJ L 17 p. 92-93
Effect 20-01-2023; Entry into force Date pub. +1 See Art 2
End of validity 31-12-9999

4.

Legislative text

19.1.2023   

EN

Official Journal of the European Union

L 17/92
 

COUNCIL IMPLEMENTING DECISION (EU) 2023/134

of 17 January 2023

amending Implementing Decision (EU) 2018/1696 as regards the use of videoconferencing for the hearing of candidates

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)

Council Implementing Decision (EU) 2018/1696 (2) established the operating rules of the selection panel for appointing the European Chief Prosecutor and European Prosecutors.
 

(2)

Rule VI, points 1 and 2, of those operating rules provides that the hearing of candidates for the posts of European Chief Prosecutor and European Prosecutor (‘candidates’) is to take place in person.
 

(3)

In the wake of the recent epidemiological situation, which made it very difficult to conduct hearings in person, it is necessary to provide that the hearing of candidates by the selection panel could also take place via videoconference upon a reasoned decision of the selection panel, either on its own initiative or at the request of a candidate.
 

(4)

The way in which the hearings are conducted, in person or via videoconference, could affect the performance of candidates. The selection panel should ensure equal treatment of candidates.
 

(5)

Rule IV of the operating rules does not clarify whether the selection panel can deliberate via videoconference. It is therefore necessary to clarify that, when the hearing of candidates takes place via videoconference, the selection panel can deliberate via the same means.
 

(6)

Implementing Decision (EU) 2018/1696 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Implementing Decision (EU) 2018/1696 is amended as follows:

 

(1)

in Rule IV, the first paragraph is replaced by the following:

‘The deliberations of the selection panel shall be confidential and shall take place in camera. When the hearing of the candidates takes place via videoconference, the selection panel may deliberate using the same means of communication. The selection panel shall ensure equal treatment of candidates. The meetings of the selection panel shall be valid only if at least nine members are present.’.
 

(2)

Rule VI is amended as follows:

 

(a)

in point 1, the first paragraph is replaced by the following:

‘Upon receipt of the candidates’ applications, the selection panel shall review the applications with regard to the requirements set out in Article 14(2) of Regulation (EU) 2017/1939, as further specified in the vacancy notice. Candidates who do not meet the eligibility requirements shall be excluded from the next steps of the procedure. The selection panel shall rank candidates who fulfil the requirements according to their qualifications and experience, on the basis of the documentation and information provided in the application or produced following a request pursuant to Rule V. A sufficient number of the highest ranked candidates shall be heard by the selection panel to enable it to establish the shortlist referred to in Rule VII(1). The hearing shall take place in person or, upon a reasoned decision of the selection panel, either on its own initiative or at the request of the candidate, via videoconference. Before the selection panel decides on its own initiative to conduct a hearing via videoconference, it shall allow the candidate to state his or her views.’;
 

(b)

in point 2, the first...


More

This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

7.

Full version

This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.

The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

8.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.