European Public Prosecutor's Office

Article-by-Article Commentary
Erscheinungsjahr 2020
ISBN: 978-1-5099-4715-7
Verlag: Hart Publishing

Buch, Englisch, 704 Seiten, Hardback, Format (B × H): 156 mm x 234 mm, Gewicht: 1710 g

ThIS commentary on the EPPO Regulation is intended to guide practitioners - within EPPO as well as in the national prosecution services and law enforcement agencies, courts, and law offices - in the interpretation of the Regulation.

By providing an in-depth analysis of the intricate interplay of the Regulation's provisions and their legal and practical context, it will also provide a valuable source for further academic research on individual aspects relating to the EPPO. In addition, the commentary will assist political decision-makers in assessing the practical implementation of the EPPO Regulation by clarifying its relations to national law and national judicial and law enforcement authorities.

Autoren/Hrsg.

Herrnfeld, Hans-Holger

Brodowski, Dominik

Burchard, Christoph

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Straf- und Strafverfahrensrecht

Inhaltsverzeichnis

CHAPTER I
SUBJECT MATTER AND DEFINITIONS
Article 1 Subject matter

Article 2 Definitions

CHAPTER II
ESTABLISHMENT, TASKS AND BASIC PRINCIPLES OF THE EPPO
Article 3 Establishment

Article 4 Tasks

Article 5 Basic principles of the activities

Article 6 Independence and accountability

Article 7 Reporting

CHAPTER III
STATUS, STRUCTURE AND ORGANISATION OF THE EPPO
SECTION 1
Status and structure of the EPPO
Article 8 Structure of the EPPO

Article 9 The College

Article 10 The Permanent Chambers

Article 11 The European Chief Prosecutor and the Deputy European Chief Prosecutors

Article 12 The European Prosecutors

Article 13 The European Delegated Prosecutors

SECTION 2
Appointment and dismissal of the members of the EPPO
Article 14 Appointment and dismissal of the European Chief Prosecutor

Article 15 Appointment and dismissal of the Deputy European Chief Prosecutors

Article 16 Appointment and dismissal of the European Prosecutors

Article 17 Appointment and dismissal of the European Delegated Prosecutors

Article 18 Status of the Administrative Director

Article 19 Responsibilities of the Administrative Director

Article 20 Provisional administrative arrangements of the EPPO

SECTION 3
Internal rules of procedure of the EPPO
Article 21 Internal rules of procedure of the EPPO

CHAPTER IV
COMPETENCE AND EXERCISE OF THE COMPETENCE OF THE EPPO
SECTION 1
Competence of the EPPO
Article 22 Material competence of the EPPO

Article 23 Territorial and personal competence of the EPPO

SECTION 2
Exercise of the competence of the EPPO
Article 24 Reporting, registration and verification of information

Article 25 Exercise of the competence of the EPPO

CHAPTER V
RULES OF PROCEDURE ON INVESTIGATIONS, INVESTIGATION MEASURES,
PROSECUTION AND ALTERNATIVES TO PROSECUTION
SECTION 1
Rules on investigations
Article 26 Initiation of investigations and allocation of competences within the EPPO

Article 27 Right of evocation

Article 28 Conducting the investigation

Article 29 Lifting privileges or immunities

SECTION 2
Rules on investigation measures and other measures
Article 30 Investigation measures and other measures

Article 31 Cross-border investigations

Article 32 Enforcement of assigned measures

Article 33 Pre-trial arrest and cross-border surrender

SECTION 3
Rules on prosecution
Article 34 Referrals and transfers of proceedings to the national authorities

Article 35 Termination of the investigation

Article 36 Prosecution before national Courts

Article 37 Evidence

Article 38 Disposition of confiscated assets

SECTION 4
Rules on alternatives to prosecution
Article 39 Dismissal of the case

SECTION 5
Rules on simplified procedures
Article 40 Simplified prosecution procedures

CHAPTER VI
PROCEDURAL SAFEGUARDS
Article 41 Scope of the rights of the suspects and accused persons

Article 42 Judicial review

CHAPTER VII
PROCESSING OF INFORMATION
Article 43 Access to information by the EPPO

Article 44 Case management system

Article 45 Case files of the EPPO

Article 46 Access to the case management system

CHAPTER VIII
DATA PROTECTION
Introduction to Chapter VIII (Articles 47 to 89)

[SECTION 1]
[Principles]
Article 47 Principles relating to processing of personal data

Article 48 Administrative personal data

Article 49 Processing of operational personal data

Article 50 Time-limits for the storage of operational personal data

Article 51 Distinction between different categories of data subjects

Article 52 Distinction between operational personal data and verification of quality of personal data

Article 53 Specific processing conditions

Article 54 Transmission of operational personal data to institutions, bodies, offices and agencies of the Union

Article 55 Processing of special categories of operational personal data

Article 56 Automated individual decision-making, including profiling

[SECTION 2]
[Rights of the data subject]
Article 57 Communication and modalities for exercising the rights of the data subject

Article 58 Information to be made available or given to the data subject

Article 59 Right of access by the data subject

Article 60 Limitations of the right of access

Article 61 Right to rectification or erasure of operational personal data and restriction of
data processing

Article 62 Exercise of rights by the data subject and verification by the European Data
Protection Supervisor

[SECTION 3]
[Controller and processor]
Article 63 Obligations of the EPPO

Article 64 Joint controllers

Article 65 Processor

Article 66 Processing under the authority of the controller or processor

Article 67 Data protection by design and by default

Article 68 Records of categories of processing activities

Article 69 Logging in respect of automated processing

Article 70 Cooperation with the European Data Protection Supervisor

Article 71 Data protection impact assessment

Article 72 Prior consultation of the European Data Protection Supervisor

[SECTION 4]
[Security of personal data]
Article 73 Security of processing of operational personal data

Article 74 Notification of a personal data breach to the European Data Protection Supervisor

Article 75 Communication of a personal data breach to the data subject
Article 76 Authorised access to operational personal data within the EPPO

[SECTION 5]
[Data Protection Officer]
Article 77 Designation of the Data Protection Officer

Article 78 Position of the Data Protection Officer

Article 79 Tasks of the data protection officer

[SECTION 6]
[Transfers of personal data to third countries or international organisations]
Article 80 General principles for transfers of operational personal data

Article 81 Transfers on the basis of an adequacy decision

Article 82 Transfers subject to appropriate safeguards

Article 83 Derogations for specific situations

Article 84 Transfers of operational personal data to recipients established in third countries 535
[SECTION 7]
[Tasks of the European Data Protection Supervisor]
Article 85 Supervision by the European Data Protection Supervisor

Article 86 Professional secrecy of the European Data Protection Supervisor

Article 87 Cooperation between the European Data Protection Supervisor and national supervisory authorities

Article 88 Right to lodge a complaint with the European Data Protection Supervisor

Article 89 Right to judicial review against the European Data Protection Supervisor

CHAPTER IX
FINANCIAL AND STAFF PROVISIONS
SECTION 1
Financial Provisions
Article 90 Financial actors

Article 91 Budget

Article 92 Establishment of the budget

Article 93 Implementation of the budget

Article 94 Presentation of accounts and discharge

Article 95 Financial rules

SECTION 2
Staff Provisions
Article 96 General provisions

Article 97 Temporary agents and contract agents

Article 98 Seconded national experts and other staff

CHAPTER X
PROVISIONS ON THE RELATIONS OF THE EPPO WITH ITS PARTNERS
Article 99 Common provisions

Article 100 Relations with Eurojust

Article 101 Relations with OLAF

Article 102 Relations with Europol

Article 103 Relations with other institutions, bodies, offices and agencies of the Union

Article 104 Relations with third countries and international organisations

Article 105 Relations with Member States of the European Union which do not participate in enhanced cooperation on the establishment of the EPPO

CHAPTER XII
GENERAL PROVISIONS
Article 106 Legal status and operating conditions

Article 107 Language arrangements

Article 108 Confidentiality and professional secrecy

Article 109 Transparency

Article 110 OLAF and the Court of Auditors

Article 111 Rules on the protection of sensitive non-classified and classified information

Article 112 Administrative inquiries

Article 113 General regime of liability

Article 114 Implementing rules and programme documents

Article 115 Exercise of the delegation

Article 116 Urgency procedure

Article 117 Notifications

Article 118 Review of the rules relating to the protection of natural persons with regard to the
processing of personal data by the EPPO

Article 119 Review clause

Article 120 Entry into force

COUNCIL REGULATION (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office ('the EPPO')

DIRECTIVE (EU) 2017/1371 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law

Über Autor(innen)

Brodowski, Dominik
Dominik Brodowski is Junior Professor of Criminal Law and Criminal Procedure at Saarland University, Saarbrücken, Germany.

Burchard, Christoph
Christoph Burchard is Professor of German, European and International Criminal Justice, Comparative Law and Legal Theory, Goethe University Frankfurt.

Herrnfeld, Hans-Holger
Hans-Holger Herrnfeld is Senior Federal Public Prosecutor; Head of Division at the Federal Ministry of Justice and Consumer Protection, Berlin, Germany.

Hans-Holger Herrnfeld is Senior Federal Public Prosecutor; Head of Division at the Federal Ministry of Justice and Consumer Protection, Berlin, Germany.
Dominik Brodowski is Junior Professor of Criminal Law and Criminal Procedure at Saarland University, Saarbrücken, Germany.
Christoph Burchard is Professor of German, European and International Criminal Justice, Comparative Law and Legal Theory, Goethe University Frankfurt.