Date: 2023-01-19Category: Not ApplicableState: Union GovernmentCountry: Europe
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
Executive Summary:
This Council Implementing Decision (EU) 2023/134 amends Implementing Decision (EU) 2018/1696 regarding the use of videoconferencing for candidate hearings for the European Chief Prosecutor and European Prosecutors. The amendment allows the selection panel to conduct hearings via videoconference under certain conditions and clarifies deliberation procedures. This decision entered into force on the day following its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Amendment to Rule IV:**
* Clarifies that when candidate hearings are conducted via videoconference, the selection panel may deliberate using the same means of communication.
* Reiterates that the selection panel shall ensure equal treatment of candidates.
* Maintains the requirement for a minimum of nine members to be present for valid meetings.
* **Amendment to Rule VI:**
* Specifies that candidate hearings can take place in person or via videoconference, based on a reasoned decision by the selection panel.
* Allows the selection panel to decide on videoconference hearings on its own initiative or at the candidate's request.
* Requires the selection panel to allow candidates to state their views before deciding to conduct a hearing via videoconference on its own initiative.
* Replaces the paragraphs describing the review process for both applications and nominations to include the possibility of videoconference hearings.
Impact Analysis:
* **Selection Panel:**
* *Impact:* The selection panel has the flexibility to conduct candidate hearings and subsequent deliberations via videoconference. They must ensure equal treatment of candidates whether hearings are in person or via videoconference.
* *Action Required:* The selection panel must make a reasoned decision before opting for videoconference hearings, considering candidates' views if the initiative comes from the panel.
* **Candidates for European Chief Prosecutor and European Prosecutor positions:**
* *Impact:* Candidates may be required to participate in hearings via videoconference.
* *Action Required:* Candidates may request a hearing via videoconference and should be prepared to state their views if the selection panel proposes a videoconference hearing.
Key Entities Referenced
Council Implementing Decision EU 2023/134: A decision of the Council of the European Union amending Implementing Decision EU 2018/1696 regarding the use of videoconferencing for candidate hearings.
Implementing Decision EU 2018/1696: Council Implementing Decision establishing the operating rules of the selection panel for appointing the European Chief Prosecutor and European Prosecutors.
European Union: A political and economic union of member states located primarily in Europe.
Council Regulation EU 2017/1939: Council Regulation implementing enhanced cooperation on the establishment of the European Public Prosecutors Office (the EPPO).
European Public Prosecutors Office (EPPO): The European Public Prosecutors Office is an independent EU body with the authority to investigate, prosecute and bring to judgment crimes against the EU budget.
European Chief Prosecutor: The head of the European Public Prosecutors Office.
European Prosecutor: Prosecutors who work under the direction of the European Chief Prosecutor at the European Public Prosecutors Office.
Brussels: The city where the decision was done. Brussels is the capital of Belgium.
L 17/92 EN Official Journal of the European Union 19.1.2023
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.’.
(1) OJ L 283, 31.10.2017, p. 1.
(2) 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’) (OJ L 282, 12.11.2018, p. 8).19.1.2023 EN Official Journal of the European Union L 17/93
(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 paragraph is replaced by the following:
‘Upon receipt of the nominations, the selection panel shall review them with regard to the requirements set out in
Article 16(1) of Regulation (EU) 2017/1939. The selection panel shall hear the candidates nominated. 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.’.
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