European Public Prosecutor's Office : Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) : article-by-article commentary
- Full Title:
- European Public Prosecutor's Office : Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) : article-by-article commentary
- Herrnfeld, Hans-Holger
- Other Author:
- Brodowski, Dominik.
- Statement of Responsibility:
- by Hans-Holger Herrnfeld, Dominik Brodowski, Christiph Burchard
- xxii, 798 p.
- CHAPTER ISUBJECT MATTER AND DEFINITIONSArticle 1 Subject matter Article 2 Definitions CHAPTER IIESTABLISHMENT, TASKS AND BASIC PRINCIPLES OF THE EPPOArticle 3 Establishment Article 4 Tasks...
Contents:CHAPTER ISUBJECT MATTER AND DEFINITIONSArticle 1 Subject matter Article 2 Definitions CHAPTER IIESTABLISHMENT, TASKS AND BASIC PRINCIPLES OF THE EPPOArticle 3 Establishment Article 4 Tasks Article 5 Basic principles of the activities Article 6 Independence and accountability Article 7 Reporting CHAPTER IIISTATUS, STRUCTURE AND ORGANISATION OF THE EPPOSECTION 1Status and structure of the EPPOArticle 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 2Appointment and dismissal of the members of the EPPOArticle 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 3Internal rules of procedure of the EPPOArticle 21 Internal rules of procedure of the EPPO CHAPTER IVCOMPETENCE AND EXERCISE OF THE COMPETENCE OF THE EPPOSECTION 1Competence of the EPPOArticle 22 Material competence of the EPPO Article 23 Territorial and personal competence of the EPPO SECTION 2Exercise of the competence of the EPPOArticle 24 Reporting, registration and verification of information Article 25 Exercise of the competence of the EPPO CHAPTER VRULES OF PROCEDURE ON INVESTIGATIONS, INVESTIGATION MEASURES,PROSECUTION AND ALTERNATIVES TO PROSECUTIONSECTION 1Rules on investigationsArticle
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 2Rules on investigation measures and other measuresArticle 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 3Rules on prosecutionArticle 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 4Rules on alternatives to prosecutionArticle 39 Dismissal of the case SECTION 5Rules on simplified proceduresArticle 40 Simplified prosecution procedures CHAPTER VIPROCEDURAL SAFEGUARDSArticle 41 Scope of the rights of the suspects and accused persons Article 42 Judicial review CHAPTER VIIPROCESSING OF INFORMATIONArticle 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 VIIIDATA
PROTECTIONIntroduction 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 ofdata processing Article 62 Exercise of rights by the data subject and verification by the European DataProtection 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
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 subjectArticle 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 IXFINANCIAL AND STAFF PROVISIONSSECTION 1Financial ProvisionsArticle 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 2Staff ProvisionsArticle 96 General provisions Article 97 Temporary agents and contract agents Article 98 Seconded national experts and other staff CHAPTER XPROVISIONS ON THE RELATIONS OF THE EPPO WITH ITS PARTNERSArticle 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 XIIGENERAL PROVISIONSArticle 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 theprocessing 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
- Publisher & Date:
- München : Beck ; Baden-Baden : Nomos ; Oxford : Hart, 2021.
- Date of Publication:
- EU 52.10.1
- 9783848748846 (Nomos)
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In the Library
EU 52.10.1 Her 2021