Home Europe Council of the European Union Council Implementing Decision (EU) 2025/653 of 27 March 2025...
Date: 2025-03-31 Category: Not Applicable State: Union Government Country: Europe

Council Implementing Decision (EU) 2025/653 of 27 March 2025 amending Implementing Decision (EU) 2018/1696 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’)

Issued by Council of the European Union · Not Applicable

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Executive Summary & Key Takeaways

What it means

  • Council Implementing Decision (EU) 2025/653 amends Implementing Decision (EU) 2018/1696 regarding the operating rules of the selection panel for appointing the European Chief Prosecutor and European Prosecutors within the European Public Prosecutor’s Office (EPPO).

Key Changes

  • The Commission is now explicitly responsible for drafting, adopting, and publishing the open call for candidates for the position of European Chief Prosecutor in the Official Journal of the European Union.
  • The Commission must consult with the European Parliament and the Council on the draft open call before its adoption.
  • The selection panel reviews applications against requirements in Article 14(2) of Regulation (EU) 2017/1939, as specified by the Commission in the open call.
  • Hearings can be conducted via videoconference upon a reasoned decision of the selection panel, either on its own initiative or at the request of the candidate, after allowing the candidate to state their views.
  • This decision enters into force on the day following its publication in the Official Journal of the European Union.

Impact Analysis

European Public Prosecutor’s Office (EPPO)

  • Action Item: Monitor the implementation of the updated selection process and provide feedback to the Commission and the selection panel as needed.

European Commission

  • Action Item: Develop a clear and transparent process for drafting the open call, incorporating feedback from the European Parliament and the Council.

Selection Panel

  • Action Item: Update internal procedures to reflect the Commission's role in defining candidate requirements in the open call. Establish guidelines for conducting videoconference hearings.

Candidates for European Chief Prosecutor

  • Action Item: Review the updated application process and prepare accordingly. Consider the possibility of requesting a videoconference hearing if desired.

Key Entities Referenced

Council of the European Union: The Council of the European Union is responsible for adopting the implementing decision. European Commission: The European Commission is responsible for drafting, adopting, and publishing the open call for candidates for the position of European Chief Prosecutor. European Parliament: The European Parliament is consulted by the Commission on the draft open call for candidates. European Public Prosecutor’s Office (EPPO): The EPPO is the entity for which the European Chief Prosecutor and European Prosecutors are being selected. Selection Panel: The selection panel is responsible for reviewing applications and establishing a shortlist of candidates. Council Regulation (EU) 2017/1939: Regulation implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’). 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 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’).
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Official Journal EN of the European Union L series 2025/653 31.3.2025 COUNCIL IMPLEMENTING DECISION (EU) 2025/653 of 27 March 2025 amending Implementing Decision (EU) 2018/1696 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’) 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 the European Prosecutors. (2) While neither Regulation (EU) 2017/1939 nor Rule VI of the operating rules of the selection panel specifies which authority is responsible for the drafting, the adoption and the publication in the Official Journal of the European Union of the open call for candidates for the position of European Chief Prosecutor, the Commission was responsible for the drafting, the adoption and the publication of the first open call for candidates and provides the secretariat of the selection panel, which examines the applications. (3) It is therefore necessary to clarify that the Commission is responsible for the drafting, the adoption and the publication of the open call for candidates for the position of European Chief Prosecutor, after consulting the European Parliament and the Council at the appropriate level. (4) Implementing Decision (EU) 2018/1696 should therefore be amended accordingly, HAS ADOPTED THIS DECISION: Article 1 In Rule VI.1 in the Annex to Implementing Decision (EU) 2018/1696, the first paragraph is replaced by the following: ‘The Commission shall be responsible for the drafting, the adoption and the publication in the Official Journal of the European Union of the open call for candidates in accordance with Article 14(3) of Regulation (EU) 2017/1939. The Commission shall consult the European Parliament and the Council on the draft open call for candidates, before its adoption, at the appropriate level. 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 by the Commission in the open call for candidates. 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.’. (1) OJ L 283, 31.10.2017, p. 1, ELI: http://data.europa.eu/eli/reg/2017/1939/oj. (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, ELI: http://data.europa.eu/eli/dec_impl/2018/1696/oj). ELI: http://data.europa.eu/eli/dec_impl/2025/653/oj 1/2EN OJ L, 31.3.2025 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, 27 March 2025. For the Council The President P. HENNIG-KLOSKA 2/2 ELI: http://data.europa.eu/eli/dec_impl/2025/653/oj

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