European Public Prosecutor's Office
Article-by-Article Commentary
Published on 12. November 2020
Book
Hardback
704 pages
978-1-5099-4715-7 (ISBN)
Description
ThIS commentary on the EPPO Regulation is intended to guide practitioners - within EPPO as well as in the national prosecution services and law enforcement agencies, courts, and law offices - in the interpretation of the Regulation.
By providing an in-depth analysis of the intricate interplay of the Regulation's provisions and their legal and practical context, it will also provide a valuable source for further academic research on individual aspects relating to the EPPO. In addition, the commentary will assist political decision-makers in assessing the practical implementation of the EPPO Regulation by clarifying its relations to national law and national judicial and law enforcement authorities.
By providing an in-depth analysis of the intricate interplay of the Regulation's provisions and their legal and practical context, it will also provide a valuable source for further academic research on individual aspects relating to the EPPO. In addition, the commentary will assist political decision-makers in assessing the practical implementation of the EPPO Regulation by clarifying its relations to national law and national judicial and law enforcement authorities.
More details
Product info
Hardback
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
College/higher education
Dimensions
Height: 234 mm
Width: 156 mm
Weight
1710 gr
ISBN-13
978-1-5099-4715-7 (9781509947157)
Schweitzer Classification
Other editions
Additional editions
Herrnfeld / Brodowski / Burchard
European Public Prosecutor's Office
Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office ('the EPPO') | Article-by-Article Commentary
Book
11/2020
1st Edition
C.H.BECK
€200.00
Article exhausted; check for reprint
Persons
Hans-Holger Herrnfeld is Senior Federal Public Prosecutor; Head of Division at the Federal Ministry of Justice and Consumer Protection, Berlin, Germany.
Dominik Brodowski is Junior Professor of Criminal Law and Criminal Procedure at Saarland University, Saarbruecken, Germany.
Christoph Burchard is Professor of German, European and International Criminal Justice, Comparative Law and Legal Theory, Goethe University Frankfurt.
Dominik Brodowski is Junior Professor of Criminal Law and Criminal Procedure at Saarland University, Saarbruecken, Germany.
Christoph Burchard is Professor of German, European and International Criminal Justice, Comparative Law and Legal Theory, Goethe University Frankfurt.
Content
CHAPTER I
SUBJECT MATTER AND DEFINITIONS
Article 1 Subject matter
Article 2 Definitions
CHAPTER II
ESTABLISHMENT, TASKS AND BASIC PRINCIPLES OF THE EPPO
Article 3 Establishment
Article 4 Tasks
Article 5 Basic principles of the activities
Article 6 Independence and accountability
Article 7 Reporting
CHAPTER III
STATUS, STRUCTURE AND ORGANISATION OF THE EPPO
SECTION 1
Status and structure of the EPPO
Article 8 Structure of the EPPO
Article 9 The College
Article 10 The Permanent Chambers
Article 11 The European Chief Prosecutor and the Deputy European Chief Prosecutors
Article 12 The European Prosecutors
Article 13 The European Delegated Prosecutors
SECTION 2
Appointment and dismissal of the members of the EPPO
Article 14 Appointment and dismissal of the European Chief Prosecutor
Article 15 Appointment and dismissal of the Deputy European Chief Prosecutors
Article 16 Appointment and dismissal of the European Prosecutors
Article 17 Appointment and dismissal of the European Delegated Prosecutors
Article 18 Status of the Administrative Director
Article 19 Responsibilities of the Administrative Director
Article 20 Provisional administrative arrangements of the EPPO
SECTION 3
Internal rules of procedure of the EPPO
Article 21 Internal rules of procedure of the EPPO
CHAPTER IV
COMPETENCE AND EXERCISE OF THE COMPETENCE OF THE EPPO
SECTION 1
Competence of the EPPO
Article 22 Material competence of the EPPO
Article 23 Territorial and personal competence of the EPPO
SECTION 2
Exercise of the competence of the EPPO
Article 24 Reporting, registration and verification of information
Article 25 Exercise of the competence of the EPPO
CHAPTER V
RULES OF PROCEDURE ON INVESTIGATIONS, INVESTIGATION MEASURES,
PROSECUTION AND ALTERNATIVES TO PROSECUTION
SECTION 1
Rules on investigations
Article 26 Initiation of investigations and allocation of competences within the EPPO
Article 27 Right of evocation
Article 28 Conducting the investigation
Article 29 Lifting privileges or immunities
SECTION 2
Rules on investigation measures and other measures
Article 30 Investigation measures and other measures
Article 31 Cross-border investigations
Article 32 Enforcement of assigned measures
Article 33 Pre-trial arrest and cross-border surrender
SECTION 3
Rules on prosecution
Article 34 Referrals and transfers of proceedings to the national authorities
Article 35 Termination of the investigation
Article 36 Prosecution before national Courts
Article 37 Evidence
Article 38 Disposition of confiscated assets
SECTION 4
Rules on alternatives to prosecution
Article 39 Dismissal of the case
SECTION 5
Rules on simplified procedures
Article 40 Simplified prosecution procedures
CHAPTER VI
PROCEDURAL SAFEGUARDS
Article 41 Scope of the rights of the suspects and accused persons
Article 42 Judicial review
CHAPTER VII
PROCESSING OF INFORMATION
Article 43 Access to information by the EPPO
Article 44 Case management system
Article 45 Case files of the EPPO
Article 46 Access to the case management system
CHAPTER VIII
DATA PROTECTION
Introduction to Chapter VIII (Articles 47 to 89)
[SECTION 1]
[Principles]
Article 47 Principles relating to processing of personal data
Article 48 Administrative personal data
Article 49 Processing of operational personal data
Article 50 Time-limits for the storage of operational personal data
Article 51 Distinction between different categories of data subjects
Article 52 Distinction between operational personal data and verification of quality of personal data
Article 53 Specific processing conditions
Article 54 Transmission of operational personal data to institutions, bodies, offices and agencies of the Union
Article 55 Processing of special categories of operational personal data
Article 56 Automated individual decision-making, including profiling
[SECTION 2]
[Rights of the data subject]
Article 57 Communication and modalities for exercising the rights of the data subject
Article 58 Information to be made available or given to the data subject
Article 59 Right of access by the data subject
Article 60 Limitations of the right of access
Article 61 Right to rectification or erasure of operational personal data and restriction of
data processing
Article 62 Exercise of rights by the data subject and verification by the European Data
Protection Supervisor
[SECTION 3]
[Controller and processor]
Article 63 Obligations of the EPPO
Article 64 Joint controllers
Article 65 Processor
Article 66 Processing under the authority of the controller or processor
Article 67 Data protection by design and by default
Article 68 Records of categories of processing activities
Article 69 Logging in respect of automated processing
Article 70 Cooperation with the European Data Protection Supervisor
Article 71 Data protection impact assessment
Article 72 Prior consultation of the European Data Protection Supervisor
[SECTION 4]
[Security of personal data]
Article 73 Security of processing of operational personal data
Article 74 Notification of a personal data breach to the European Data Protection Supervisor
Article 75 Communication of a personal data breach to the data subject
Article 76 Authorised access to operational personal data within the EPPO
[SECTION 5]
[Data Protection Officer]
Article 77 Designation of the Data Protection Officer
Article 78 Position of the Data Protection Officer
Article 79 Tasks of the data protection officer
[SECTION 6]
[Transfers of personal data to third countries or international organisations]
Article 80 General principles for transfers of operational personal data
Article 81 Transfers on the basis of an adequacy decision
Article 82 Transfers subject to appropriate safeguards
Article 83 Derogations for specific situations
Article 84 Transfers of operational personal data to recipients established in third countries 535
[SECTION 7]
[Tasks of the European Data Protection Supervisor]
Article 85 Supervision by the European Data Protection Supervisor
Article 86 Professional secrecy of the European Data Protection Supervisor
Article 87 Cooperation between the European Data Protection Supervisor and national supervisory authorities
Article 88 Right to lodge a complaint with the European Data Protection Supervisor
Article 89 Right to judicial review against the European Data Protection Supervisor
CHAPTER IX
FINANCIAL AND STAFF PROVISIONS
SECTION 1
Financial Provisions
Article 90 Financial actors
Article 91 Budget
Article 92 Establishment of the budget
Article 93 Implementation of the budget
Article 94 Presentation of accounts and discharge
Article 95 Financial rules
SECTION 2
Staff Provisions
Article 96 General provisions
Article 97 Temporary agents and contract agents
Article 98 Seconded national experts and other staff
CHAPTER X
PROVISIONS ON THE RELATIONS OF THE EPPO WITH ITS PARTNERS
Article 99 Common provisions
Article 100 Relations with Eurojust
Article 101 Relations with OLAF
Article 102 Relations with Europol
Article 103 Relations with other institutions, bodies, offices and agencies of the Union
Article 104 Relations with third countries and international organisations
Article 105 Relations with Member States of the European Union which do not participate in enhanced cooperation on the establishment of the EPPO
CHAPTER XII
GENERAL PROVISIONS
Article 106 Legal status and operating conditions
Article 107 Language arrangements
Article 108 Confidentiality and professional secrecy
Article 109 Transparency
Article 110 OLAF and the Court of Auditors
Article 111 Rules on the protection of sensitive non-classified and classified information
Article 112 Administrative inquiries
Article 113 General regime of liability
Article 114 Implementing rules and programme documents
Article 115 Exercise of the delegation
Article 116 Urgency procedure
Article 117 Notifications
Article 118 Review of the rules relating to the protection of natural persons with regard to the
processing of personal data by the EPPO
Article 119 Review clause
Article 120 Entry into force
COUNCIL REGULATION (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office ('the EPPO')
DIRECTIVE (EU) 2017/1371 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law
SUBJECT MATTER AND DEFINITIONS
Article 1 Subject matter
Article 2 Definitions
CHAPTER II
ESTABLISHMENT, TASKS AND BASIC PRINCIPLES OF THE EPPO
Article 3 Establishment
Article 4 Tasks
Article 5 Basic principles of the activities
Article 6 Independence and accountability
Article 7 Reporting
CHAPTER III
STATUS, STRUCTURE AND ORGANISATION OF THE EPPO
SECTION 1
Status and structure of the EPPO
Article 8 Structure of the EPPO
Article 9 The College
Article 10 The Permanent Chambers
Article 11 The European Chief Prosecutor and the Deputy European Chief Prosecutors
Article 12 The European Prosecutors
Article 13 The European Delegated Prosecutors
SECTION 2
Appointment and dismissal of the members of the EPPO
Article 14 Appointment and dismissal of the European Chief Prosecutor
Article 15 Appointment and dismissal of the Deputy European Chief Prosecutors
Article 16 Appointment and dismissal of the European Prosecutors
Article 17 Appointment and dismissal of the European Delegated Prosecutors
Article 18 Status of the Administrative Director
Article 19 Responsibilities of the Administrative Director
Article 20 Provisional administrative arrangements of the EPPO
SECTION 3
Internal rules of procedure of the EPPO
Article 21 Internal rules of procedure of the EPPO
CHAPTER IV
COMPETENCE AND EXERCISE OF THE COMPETENCE OF THE EPPO
SECTION 1
Competence of the EPPO
Article 22 Material competence of the EPPO
Article 23 Territorial and personal competence of the EPPO
SECTION 2
Exercise of the competence of the EPPO
Article 24 Reporting, registration and verification of information
Article 25 Exercise of the competence of the EPPO
CHAPTER V
RULES OF PROCEDURE ON INVESTIGATIONS, INVESTIGATION MEASURES,
PROSECUTION AND ALTERNATIVES TO PROSECUTION
SECTION 1
Rules on investigations
Article 26 Initiation of investigations and allocation of competences within the EPPO
Article 27 Right of evocation
Article 28 Conducting the investigation
Article 29 Lifting privileges or immunities
SECTION 2
Rules on investigation measures and other measures
Article 30 Investigation measures and other measures
Article 31 Cross-border investigations
Article 32 Enforcement of assigned measures
Article 33 Pre-trial arrest and cross-border surrender
SECTION 3
Rules on prosecution
Article 34 Referrals and transfers of proceedings to the national authorities
Article 35 Termination of the investigation
Article 36 Prosecution before national Courts
Article 37 Evidence
Article 38 Disposition of confiscated assets
SECTION 4
Rules on alternatives to prosecution
Article 39 Dismissal of the case
SECTION 5
Rules on simplified procedures
Article 40 Simplified prosecution procedures
CHAPTER VI
PROCEDURAL SAFEGUARDS
Article 41 Scope of the rights of the suspects and accused persons
Article 42 Judicial review
CHAPTER VII
PROCESSING OF INFORMATION
Article 43 Access to information by the EPPO
Article 44 Case management system
Article 45 Case files of the EPPO
Article 46 Access to the case management system
CHAPTER VIII
DATA PROTECTION
Introduction to Chapter VIII (Articles 47 to 89)
[SECTION 1]
[Principles]
Article 47 Principles relating to processing of personal data
Article 48 Administrative personal data
Article 49 Processing of operational personal data
Article 50 Time-limits for the storage of operational personal data
Article 51 Distinction between different categories of data subjects
Article 52 Distinction between operational personal data and verification of quality of personal data
Article 53 Specific processing conditions
Article 54 Transmission of operational personal data to institutions, bodies, offices and agencies of the Union
Article 55 Processing of special categories of operational personal data
Article 56 Automated individual decision-making, including profiling
[SECTION 2]
[Rights of the data subject]
Article 57 Communication and modalities for exercising the rights of the data subject
Article 58 Information to be made available or given to the data subject
Article 59 Right of access by the data subject
Article 60 Limitations of the right of access
Article 61 Right to rectification or erasure of operational personal data and restriction of
data processing
Article 62 Exercise of rights by the data subject and verification by the European Data
Protection Supervisor
[SECTION 3]
[Controller and processor]
Article 63 Obligations of the EPPO
Article 64 Joint controllers
Article 65 Processor
Article 66 Processing under the authority of the controller or processor
Article 67 Data protection by design and by default
Article 68 Records of categories of processing activities
Article 69 Logging in respect of automated processing
Article 70 Cooperation with the European Data Protection Supervisor
Article 71 Data protection impact assessment
Article 72 Prior consultation of the European Data Protection Supervisor
[SECTION 4]
[Security of personal data]
Article 73 Security of processing of operational personal data
Article 74 Notification of a personal data breach to the European Data Protection Supervisor
Article 75 Communication of a personal data breach to the data subject
Article 76 Authorised access to operational personal data within the EPPO
[SECTION 5]
[Data Protection Officer]
Article 77 Designation of the Data Protection Officer
Article 78 Position of the Data Protection Officer
Article 79 Tasks of the data protection officer
[SECTION 6]
[Transfers of personal data to third countries or international organisations]
Article 80 General principles for transfers of operational personal data
Article 81 Transfers on the basis of an adequacy decision
Article 82 Transfers subject to appropriate safeguards
Article 83 Derogations for specific situations
Article 84 Transfers of operational personal data to recipients established in third countries 535
[SECTION 7]
[Tasks of the European Data Protection Supervisor]
Article 85 Supervision by the European Data Protection Supervisor
Article 86 Professional secrecy of the European Data Protection Supervisor
Article 87 Cooperation between the European Data Protection Supervisor and national supervisory authorities
Article 88 Right to lodge a complaint with the European Data Protection Supervisor
Article 89 Right to judicial review against the European Data Protection Supervisor
CHAPTER IX
FINANCIAL AND STAFF PROVISIONS
SECTION 1
Financial Provisions
Article 90 Financial actors
Article 91 Budget
Article 92 Establishment of the budget
Article 93 Implementation of the budget
Article 94 Presentation of accounts and discharge
Article 95 Financial rules
SECTION 2
Staff Provisions
Article 96 General provisions
Article 97 Temporary agents and contract agents
Article 98 Seconded national experts and other staff
CHAPTER X
PROVISIONS ON THE RELATIONS OF THE EPPO WITH ITS PARTNERS
Article 99 Common provisions
Article 100 Relations with Eurojust
Article 101 Relations with OLAF
Article 102 Relations with Europol
Article 103 Relations with other institutions, bodies, offices and agencies of the Union
Article 104 Relations with third countries and international organisations
Article 105 Relations with Member States of the European Union which do not participate in enhanced cooperation on the establishment of the EPPO
CHAPTER XII
GENERAL PROVISIONS
Article 106 Legal status and operating conditions
Article 107 Language arrangements
Article 108 Confidentiality and professional secrecy
Article 109 Transparency
Article 110 OLAF and the Court of Auditors
Article 111 Rules on the protection of sensitive non-classified and classified information
Article 112 Administrative inquiries
Article 113 General regime of liability
Article 114 Implementing rules and programme documents
Article 115 Exercise of the delegation
Article 116 Urgency procedure
Article 117 Notifications
Article 118 Review of the rules relating to the protection of natural persons with regard to the
processing of personal data by the EPPO
Article 119 Review clause
Article 120 Entry into force
COUNCIL REGULATION (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office ('the EPPO')
DIRECTIVE (EU) 2017/1371 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law