Home Europe Council of the European Union Council Decision (EU) 2024/3158 of 12 December 2024 appointi...
Date: 13-Dec-2024 Category: Not Applicable State: Union Government Country: Europe

Council Decision (EU) 2024/3158 of 12 December 2024 appointing a European Prosecutor of the European Public Prosecutor’s Office

Issued by Council of the European Union · Not Applicable

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Executive Summary & Key Takeaways

What it means

  • Council Decision (EU) 2024/3158 appoints Mr. Martin Bresman as the European Prosecutor of the European Public Prosecutor’s Office (EPPO) for Sweden.

Key Changes

  • Mr. Martin Bresman is appointed as the European Prosecutor for Sweden, effective from 14 December 2024.
  • The term of appointment is for a non-renewable period of 6 years.
  • The Council's decision was based on the assessment of the candidates' merits and considered the reasoned opinion submitted by the selection panel.
  • The Council followed the non-binding order of preference indicated by the selection panel for the candidates nominated by Sweden.

Impact Analysis

Stakeholders

  • Selection Panel: The selection panel's reasoned opinion and ranking of candidates influenced the Council's decision.

Suggested Action Items

  • Internal Communication: Communicate the appointment to relevant departments and stakeholders.

Key Entities Referenced

European Public Prosecutor’s Office (EPPO): The EPPO is an independent EU body responsible for investigating, prosecuting and bringing to judgment crimes against the EU budget, such as fraud, corruption or serious cross-border VAT fraud. Council Regulation (EU) 2017/1939: Regulation implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office. Council Implementing Decision (EU) 2018/1696: Decision on the operating rules of the selection panel provided for in Article 14(3) of Regulation (EU) 2017/1939. Council Decision (EU) 2023/133: Decision appointing the members of the selection panel provided for in Article 14(3) of Regulation (EU) 2017/1939. Commission Decision (EU) 2024/1952: Decision confirming the participation of Sweden in the enhanced cooperation on the establishment of the EPPO. Martin Bresman: Appointed European Prosecutor of the EPPO for Sweden.
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Official Journal EN of the European Union L series 2024/3158 13.12.2024 COUNCIL DECISION (EU) 2024/3158 of 12 December 2024 appointing a European Prosecutor 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 2018 on 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 opinion 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) Commission Decision (EU) 2024/1952 (4) confirmed the participation of Sweden in the enhanced cooperation on the establishment of the EPPO. (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) Sweden has nominated three candidates. (7) The selection panel drew up the reasoned opinion and the ranking for each of the candidates nominated by Sweden 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 15 October 2024. (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 opinion 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. (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) Commission Decision (EU) 2024/1952 of 16 July 2024 confirming the participation of Sweden in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office (OJ L, 2024/1952, 18.7.2024, ELI: http://data.europa.eu/eli/dec/2024/ 1952/oj). ELI: http://data.europa.eu/eli/dec/2024/3158/oj 1/2EN OJ L, 13.12.2024 (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 6 years. (11) The Council assessed the respective merits of the candidates taking into account the reasoned opinion 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 Sweden, HAS ADOPTED THIS DECISION: Article 1 The following candidate nominated by Sweden is hereby appointed European Prosecutor of the EPPO for a non-renewable period of 6 years from 14 December 2024: Mr Martin BRESMAN. 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, 12 December 2024. For the Council The President PINTÉR S. 2/2 ELI: http://data.europa.eu/eli/dec/2024/3158/oj

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