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European Public Prosecutor's Office: Article-by-Article Commentary

Edited by: Hans-Holger Herrnfeld, Dominik Brodowski, Christoph Burchard

ISBN13: 9781509947157

Published: November 2020

Publisher: Hart Publishing

Country of Publication: UK

Format: Hardback

Price: £225.00

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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.

Subjects:: EU Law

Contents:: 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 XI. 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