Date: 2023-01-19Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2023/133 of 17 January 2023 appointing the members of the selection panel provided for in Article 14(3) of Regulation (EU) 2017/1939
Executive Summary:
This Council Decision (EU) 2023/133 appoints the members of the selection panel as outlined in Article 143 of Regulation (EU) 2017/1939. These members will serve a four-year term starting January 20, 2023. The selection panel plays a role in the appointment of the European Chief Prosecutor and European Prosecutors.
Key Points / Main Content:
Selection Panel Appointment:
* Twelve individuals are appointed as members of the selection panel.
* The members are appointed for a four-year term, from January 20, 2023.
* The appointed members are: Mr. Jean-François Bohnert, Mr. Vítor Manuel Da Silva Caldeira, Mr. Peter Frank, Ms. Margreet Frberg, Ms. Ulrike Haberl-Schwarz, Ms. María Ángeles Garrido Lorenzo, Ms. Saale Laos, Mr. Ján Mazák, Mr. Marin Mrčela, Mr. Lorenzo Salazar, Ms. Martine Solovieff, Ms. Tuire Tamminiemi.
Context and Background:
* The European Parliament and Council appoint the European Chief Prosecutor from candidates selected by the panel.
* The Council appoints European Prosecutors from candidates nominated by Member States, following a reasoned opinion from the selection panel.
* The mandate of the previous selection panel expired on October 9, 2022, necessitating the appointment of new members.
* The selection panel consists of 12 individuals with specific qualifications, including former members of the Court of Justice and Court of Auditors, former national members of Eurojust, members of national supreme courts, high-level prosecutors, and lawyers of recognized competence.
* The European Parliament nominated Ms. Margreet Frberg as a member of the selection panel.
Entry into Force:
* The Decision came into force on the day following its publication in the Official Journal of the European Union.
Impact Analysis:
European Parliament:
*Impact:* The European Parliament's nominated member, Ms. Margreet Frberg, is officially appointed to the selection panel.
*Action Required:* No direct action required; the Parliament's nominee has been appointed.
Council of the European Union:
*Impact:* The Council has formally appointed the members of the selection panel, enabling the process for future appointments of the European Chief Prosecutor and European Prosecutors.
*Action Required:* Ensure that the selection panel is operational and ready to fulfill its duties as defined in Regulation (EU) 2017/1939.
Selection Panel Members:
*Impact:* The listed individuals are now officially members of the selection panel and are responsible for fulfilling their duties as defined in Article 143 of Regulation (EU) 2017/1939.
*Action Required:* Prepare to execute their responsibilities in the selection process for the European Chief Prosecutor and European Prosecutors.
European Commission:
*Impact:* The Commission's proposals for the selection panel membership have been largely adopted, with consideration given to geographical balance, gender balance, and representation of the legal systems of participating Member States.
*Action Required:* No direct action required.
Member States Participating in the EPPO:
*Impact:* The composition of the selection panel impacts the future appointment of European Prosecutors from the nominated candidates.
*Action Required:* Continue to nominate qualified candidates for the position of European Prosecutors when required.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Council of the European Union: A component of the EU's legislative branch where government ministers from each EU country meet to adopt laws and coordinate policies.
Treaty on the Functioning of the European Union: One of the two primary treaties that form the constitutional basis of the European Union.
Regulation EU 2017/1939: Council Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (the ‘EPPO’).
European Public Prosecutors Office (EPPO): A decentralised European Union body with the competence to investigate, prosecute and bring to judgment crimes against the EU budget, such as fraud, corruption or serious cross-border VAT offences.
European Parliament: The parliamentary body of the European Union that shares legislative and budgetary authority with the Council of the European Union.
European Chief Prosecutor: The head of the European Public Prosecutors Office (EPPO).
Brussels: The capital of Belgium, where the decision was made.
L 17/90 EN Official Journal of the European Union 19.1.2023
DECISIONS
COUNCIL DECISION (EU) 2023/133
of 17 January 2023
appointing the members of the selection panel provided for in Article 14(3) of Regulation (EU)
2017/1939
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) The European Chief Prosecutor is appointed by the European Parliament and the Council from among candidates
selected by the selection panel provided for in Article 14(3) of Regulation (EU) 2017/1939 (‘the selection panel’).
The European Prosecutors are appointed by the Council from among three qualified candidates nominated by each
Member State after the Council has received a reasoned opinion from the selection panel.
(2) Pursuant to Article 3 of Council Implementing Decision (EU) 2019/598(2), the term of office of the European
Prosecutors from eight Member States, determined by drawing lots, is to be of three years and is not to be
renewable. The term of office of those European Prosecutors will expire in July 2023.
(3) Pursuant to Article 1 of Council Decision (EU) 2018/1275(3), the mandate of the current members of the selection
panel expired on 9 October 2022. New members should therefore be appointed.
(4) Pursuant to Article 14(3) of Regulation (EU) 2017/1939, the selection panel is to comprise 12 persons 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.
(5) One of the selection panel members is to be proposed by the European Parliament. On 7 June 2022, the European
Parliament nominated Ms Margreet Fröberg as the selection panel member to be proposed by it.
(6) The Commission took into account the need for geographical balance, gender balance and due representation of the
legal systems of the Member States participating in enhanced cooperation on the establishment of the EPPO for the
membership of the selection panel.
(7) Among the 11 persons proposed by the Commission, there is one former member of the Court of Justice, one
former member of the Court of Auditors, one former national member of Eurojust, six high level prosecutors and
two members of national supreme courts, of which six are men and five are women.
(8) The members of the selection panel should therefore be appointed,
(1) OJ L 283, 31.10.2017, p. 1.
(2) Council Implementing Decision (EU) 2019/598 of 9 April 2019 on the transitional rules for the appointment of European Prosecutors
for and during the first mandate period, provided for in Article 16(4) of Regulation (EU) 2017/1939 (OJ L 103, 12.4.2019, p. 29).
(3) Council Decision (EU) 2018/1275 of 18 September 2018 appointing the members of the selection panel provided for in Article 14(3)
of Regulation (EU) 2017/1939 (OJ L 238, 21.9.2018, p. 92).19.1.2023 EN Official Journal of the European Union L 17/91
HAS ADOPTED THIS DECISION:
Article 1
For a period of four years from 20 January 2023, the following persons are appointed as members of the selection panel
provided for in Article 14(3) of Regulation (EU) 2017/1939:
Mr Jean-François BOHNERT
Mr Vítor Manuel DA SILVA CALDEIRA
Mr Peter FRANK
Ms Margreet Fröberg
Ms Ulrike HABERL-SCHWARZ
Ms María Ángeles GARRIDO LORENZO
Ms Saale LAOS
Mr Ján MAZÁK
Mr Marin MRČELA
Mr Lorenzo SALAZAR
Ms Martine SOLOVIEFF
Ms Tuire TAMMINIEMI.
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 17 January 2023.
For the Council
The President
E. SVANTESSON