Executive Summary:
This Council Decision (EU) 2023/1539 appoints Ignacio DE LUCAS MARTÍN (nominated by Spain) and José António LOPES RANITO (nominated by Portugal) as European Prosecutors of the European Public Prosecutors Office (EPPO). The appointments are for a non-renewable six-year term, commencing on July 29, 2023, to ensure the continuity of the EPPO College. The decision was made on July 20, 2023, and will take effect the day after its publication in the Official Journal of the European Union.
Key Points / Main Content:
Appointment of European Prosecutors:
* Ignacio DE LUCAS MARTÍN (Spain) and José António LOPES RANITO (Portugal) are appointed as European Prosecutors.
* The appointment is for a non-renewable six-year term.
* The term begins on July 29, 2023.
Context of the Decision:
* The EPPO was established by Regulation (EU) 2017/1939.
* The mandates of eight European Prosecutors were expiring on July 28, 2023.
* The Council is responsible for appointing European Prosecutors per Article 16 of Regulation (EU) 2017/1939.
Selection Process:
* Participating Member States nominate candidates who are active members of the public prosecution service or judiciary.
* A selection panel provides reasoned opinions and ranks the candidates.
* The Council assesses the merits of the candidates, considering the selection panel's opinions.
* The Council is not bound by the selection panel’s ranking.
Council's Role:
* The Council selects and appoints one candidate from each participating Member State.
* The Council acts by simple majority.
Impact Analysis:
European Prosecutors (Ignacio DE LUCAS MARTÍN and José António LOPES RANITO):
* Impact: Appointed as European Prosecutors for a six-year, non-renewable term, responsible for supervising investigations and prosecutions.
* Action Required: Assume their duties within the EPPO College starting July 29, 2023.
EPPO College:
* Impact: Ensures the continuity of the EPPO College with the appointment of new European Prosecutors.
* Action Required: Integrate the new European Prosecutors into the College.
Council of the European Union:
* Impact: Responsible for the decision and appointment of the European Prosecutors.
* Action Required: Ensure the decision is published in the Official Journal of the European Union.
Participating Member States (Spain and Portugal):
* Impact: Their nominated candidates have been appointed as European Prosecutors.
* Action Required: Support their appointed European Prosecutors in their roles within the EPPO.
Key Entities Referenced
European Public Prosecutors Office: The EPPO, an agency of the European Union responsible for investigating, prosecuting and bringing to judgment crimes against the financial interests of the Union.
Council of the European Union: A body of the European Union responsible for legislative and executive functions.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union.
Council Regulation EU 2017/1939: A regulation implementing enhanced cooperation on the establishment of the European Public Prosecutors Office.
European Prosecutor: A prosecutor of the European Public Prosecutors Office.
Spain: A participating Member State nominating candidates for the position of European Prosecutor.
Portugal: A participating Member State nominating candidates for the position of European Prosecutor.
Brussels: The location where the decision was made.
L 187/74 EN Official Journal of the European Union 26.7.2023
DECISIONS
COUNCIL DECISION (EU) 2023/1539
of 20 July 2023
appointing the European Prosecutors of the European Public Prosecutor’s Office
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 16 thereof,
Having regard to Council Implementing Decision (EU) 2018/1696 of 13 July 2018on the operating rules of the selection
panel provided for in Article 14(3) of Regulation (EU) 2017/1939 implementing enhanced cooperation on the
establishment of the European Public Prosecutor’s Office (the ‘EPPO’)(2),
Having regard to 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(3),
Having regard to the reasoned opinions and the ranking of the candidates drawn up by the selection panel,
Whereas:
(1) The EPPO was established by Regulation (EU) 2017/1939.
(2) The European Prosecutors are to supervise investigations and prosecutions in accordance with Article 12 of
Regulation (EU) 2017/1939.
(3) The mandates of eight European Prosecutors appointed for a non-renewable period of three years by Council
Implementing Decision (EU) 2020/1117(4)expire on 28 July 2023. To ensure the continuity of functioning of the
EPPO College, which consists of the European Chief Prosecutor and one European Prosecutor per participating
Member State, it is necessary for the Council to appoint eight European Prosecutors for those positions becoming
vacant from 29 July 2023.
(4) Implementing Decision (EU) 2018/1696 lays down the operating rules of the selection panel provided for in
Article 14(3) of Regulation (EU) 2017/1939 (the ‘operating rules of the selection panel’).
(5) Pursuant to Article 16(1) of Regulation (EU) 2017/1939, each participating Member State is to nominate three
candidates for the position of European Prosecutor from among candidates who are active members of the public
prosecution service or judiciary of the relevant Member State, whose independence is beyond doubt and who
possess the qualifications required for appointment to high prosecutorial or judicial office in their respective
Member States, and who have relevant practical experience of national legal systems, of financial investigations and
of international judicial cooperation in criminal matters.
(6) Spain and Portugal have nominated the candidates for the positions becoming vacant from 29 July 2023.
(1) OJ L 283, 31.10.2017, p. 1.
(2) OJ L 282, 12.11.2018, p. 8.
(3) OJ L 17, 19.1.2023, p. 90.
(4) Council Implementing Decision (EU) 2020/1117 of 27 July 2020 appointing the European Prosecutors of the European Public
Prosecutor’s Office (OJ L 244, 29.7.2020, p. 18).26.7.2023 EN Official Journal of the European Union L 187/75
(7) The selection panel drew up the reasoned opinions and the ranking for each of the candidates nominated by those
Member States who fulfilled the conditions set out in Article 16(1) of Regulation (EU) 2017/1939 and submitted
them to the Council, which received them on 30 June 2023.
(8) Pursuant to the fourth paragraph of Rule VII.2 of the operating rules of the selection panel, the selection panel
ranked the candidates according to their qualifications and experience. The ranking indicates the selection panel’s
order of preference and is not binding on the Council.
(9) In accordance with Article 16(2) of Regulation (EU) 2017/1939, after having received the reasoned opinions of the
selection panel, the Council is to select and appoint one of the candidates to be the European Prosecutor of the
participating Member State in question.
(10) In accordance with Article 16(3) of Regulation (EU) 2017/1939, the Council, acting by simple majority, is to select
and appoint the European Prosecutors for a non-renewable term of six years.
(11) The Council assessed the respective merits of the candidates taking into account the reasoned opinions submitted by
the selection panel.
(12) On the basis of an assessment of the respective merits of the candidates, the Council followed the non-binding order
of preference indicated by the selection panel for the candidates nominated by Spain and Portugal,
HAS ADOPTED THIS DECISION:
Article 1
The following persons are hereby appointed European Prosecutors of the EPPO for a non-renewable period of six years
from 29 July 2023:
Mr Ignacio DE LUCAS MARTÍN(5),
Mr José António LOPES RANITO(6).
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, 20 July 2023.
For the Council
The President
J. BORRELL FONTELLES
(5) Nominated by Spain.
(6) Nominated by Portugal.