# CE2004070EN.01018002.xml

| 20.3.2004 | EN | Official Journal of the European Union | CE 70/180 |
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20.3.2004

EN

Official Journal of the European Union

CE 70/180

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(2004/C 70 E/189)

WRITTEN QUESTION E-2968/03

by Maurizio Turco (NI) to the Commission

(8 October 2003

Subject:   Eurojust

Subject:

Can the Commission state:

| — | which Member States amended their national law before 6 September 2003, the deadline laid down in Article42 of Decision 2002/187/JHA (1)? What are the terms of these laws and the main differences between them? |
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which Member States amended their national law before 6 September 2003, the deadline laid down in Article42 of Decision 2002/187/JHA (1)? What are the terms of these laws and the main differences between them?

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| — | What national rules have defined the status and the powers of national members of Eurojust since the entry into force of the decision? What are the terms of these rules and the main differences between them? |
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What national rules have defined the status and the powers of national members of Eurojust since the entry into force of the decision? What are the terms of these rules and the main differences between them?

Answer given by Mr Vitorino on behalf of the Commission

(12 November 2003)

(12 November 2003)

By letter of 23 June 2003 the Commission asked the Member States to provide information on their measures to implement the Council Decision setting up Eurojust of 28 February 2002. On the basis of the information provided, the Commission will draw up a report.

Up to now (13 October 2003), eight Member States have sent a written reply.

The following preliminary conclusions can be drawn from the information available:

| — | Three Member States replied that they have fully implemented the Council Decision and that there is no need for national legislation (although they plan to adopt additional measures, these are not expressly required by the Council Decision). One Member State has adopted a law in order to implement the Council Decision. One Member State has adopted a government regulation on the legal personality of Eurojust and the privileges and immunity of its national members, while a law implementing the Council Decision is still being discussed by the national Parliament. The remaining answers refer to drafts in the legislative pipeline. |
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Three Member States replied that they have fully implemented the Council Decision and that there is no need for national legislation (although they plan to adopt additional measures, these are not expressly required by the Council Decision). One Member State has adopted a law in order to implement the Council Decision. One Member State has adopted a government regulation on the legal personality of Eurojust and the privileges and immunity of its national members, while a law implementing the Council Decision is still being discussed by the national Parliament. The remaining answers refer to drafts in the legislative pipeline.

| — | As concerns the status and powers of the national members, almost all members have the formal status of a national prosecutor (two rather have the status of a judge, one is a deputy chief of police). However, only a few of them can exert judicial and/or prosecutorial powers. Most of the national members work under the authority of the Ministry of Justice, some under the authority of a General Prosecutor. This situation may change with the adoption of further national implementation laws. |
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As concerns the status and powers of the national members, almost all members have the formal status of a national prosecutor (two rather have the status of a judge, one is a deputy chief of police). However, only a few of them can exert judicial and/or prosecutorial powers. Most of the national members work under the authority of the Ministry of Justice, some under the authority of a General Prosecutor. This situation may change with the adoption of further national implementation laws.

| — | For more detailed information the Commission would like to refer the Honourable Member to the coming implementation report. The Commission aims to issue this report by end of 2003. |
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For more detailed information the Commission would like to refer the Honourable Member to the coming implementation report. The Commission aims to issue this report by end of 2003.

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(1)  OJ L 63, 6.3.2002, p. 1.

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