Decision on the Permanent Chambers

(2021/C 59/07)

THE COLLEGE OF THE EUROPEAN PUBLIC PROSECUTOR’S OFFICE (EPPO),

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) (‘the EPPO Regulation’), and in particular Article 10(1) thereof,

Having regard to the Internal Rules of Procedure (2) (‘IRP’) adopted by the College of the EPPO on 12 October 2020, in particular Articles 15 and 16 thereof,

Whereas:

(1) The EPPO should establish Permanent Chambers to monitor and direct the investigations and prosecutions conducted by the Office and to ensure the coordination of investigations and prosecutions in cross-border cases and the implementation of decisions taken by the College.

(2) The IRP of the EPPO require the College to adopt a decision establishing the number, composition and the distribution of competences among the Permanent Chambers, as well as detailed rules for the organisation of their meetings.

(3) Furthermore, it is necessary to adopt detailed rules implementing the principles on the allocation of cases to the Permanent Chambers set out in the EPPO Regulation and in the IRP. These rules should be based on the principles of random allocation of cases and balanced distribution of workload between the Permanent Chambers.

(4) In consideration of the need to take into account the developments in the practical application of this Decision following the start of operations of the EPPO, the College should closely monitor its functioning and evaluate its effects with a view to possible future amendments,

HAS DECIDED AS FOLLOWS:

Article 1 Subject matter and scope This Decision implements Article 15 of the Internal Rules of Procedure. It establishes the Permanent Chambers of the EPPO, defines their number, and sets rules on the division of competences among them and the allocation of cases.

Article 2 Establishment of the Permanent Chambers 1. Fifteen Permanent Chambers shall be established. They shall be designated by consecutive numbers from one to fifteen. 2. In application of Article 16(3) IRP, each European Prosecutor shall be assigned as a permanent member of one, two or three Permanent Chambers. The assignment to one or more Permanent Chambers shall take into consideration the estimated workload of the respective European Prosecutor and shall be determined on the basis of: a) the number of cases under his/her supervision and related tasks as foreseen in Article 12(1) of the EPPO Regulation. For the initial assignment, reference will be made to the estimated caseload for the first year of operation of the EPPO; b) the number of European Delegated Prosecutors under his/her coordination, pursuant to Article 34 IRP; c) other specific tasks under his/her responsibility and assigned to him/her in accordance to the EPPO Regulation or the IRP. 3. In addition, the assignment of the Deputy European Chief Prosecutors to more than one Permanent Chamber shall further take into account the workload deriving from their duties under Article 11 (2) and (3) EPPO Regulation. 4. The European Chief Prosecutor and each Deputy European Chief Prosecutor shall Chair the Permanent Chambers of which they are permanent members.

Article 3 Meetings of the Permanent Chambers 1. Each Permanent Chamber shall, in principle, hold at least 2 meetings per calendar month. The Chair of the Permanent Chamber shall set the dates of these meetings at least 15 days in advance. 2. The Chair of the Permanent Chamber may call additional meetings whenever necessary. Additional meetings shall be convened at least five working days in advance. In case of urgency, meetings may be convened as soon as the permanent members and relevant supervising European Prosecutor are available and no later than three days. 3. Except in case of urgency and after consultation of the European Chief Prosecutor, meetings of the Permanent Chambers shall not take place at the same time as meetings of the College. The Chair of the Permanent Chamber shall reschedule any meeting convened in conflict with a meeting of the College. 4. When setting the dates for the meetings of the Permanent Chamber, the Chair shall ensure coordination with the permanent members of that Chamber, the relevant supervising European Prosecutors and the staff of the Central Office referred to in Article 7.

Article 4 Allocation of cases to the Permanent Chambers The allocation of cases to the Permanent Chambers in the cases set out by Articles 32(5), 41(3), 42(1), 47(2), 50(2) second subparagraph, 51(3) and 59(4) IRP shall comply with the following rules: a) The Case Management System of the EPPO shall, upon opening of a case, randomly allocate it to a Permanent Chamber. b) In order to allow the European Chief Prosecutor to consider taking measures according to Article 19(3) IRP, he/she shall be notified when the number of cases allocated to a Permanent Chamber is higher by 10 % than the average number of cases allocated to each Permanent Chamber.

Article 5 Temporary exclusion from new allocation For the purpose of ensuring the efficient functioning of the EPPO and an equal distribution of workload between the Permanent Chambers, in accordance with Article 19(3) IRP, the European Chief Prosecutor may suspend the allocation of new cases to one or several Permanent Chambers for a specified period of time.

Article 6 Reallocation of cases For the purpose of Article 32(5) IRP, when the European Chief Prosecutor decides to assign the supervision of a case to a European Prosecutor from a Member State other than the one where the European Delegated Prosecutor is based, and this European Prosecutor is a permanent member of the monitoring Permanent Chamber, the case shall be immediately assigned to a different Permanent Chamber.

Article 7 Support to the Permanent Chambers 1. Adequate resources from the staff of the EPPO shall be assigned to support the work of the Permanent Chambers under the EPPO Regulation. 2. The assigned staff shall assist the Chair of the Permanent Chamber, inter alia, in organising the agenda, in preparing the minutes of the meetings, in drafting documents in view of the meetings and in recording decisions adopted by the Permanent Chamber in the Case Management System. 3. Subject to the availability of resources, the assignment shall ensure the stability and continuity of the support provided by staff members to the designated Permanent Chamber.

Article 8 Attendance of non-members to the meetings of the Permanent Chamber 1. In addition to the persons indicated in Article 10(9) EPPO Regulation, the Chair of the Permanent Chamber, after having consulted the permanent members and the relevant supervising European Prosecutor, may invite any member of the Central Office, European Delegated Prosecutor or staff of the EPPO to attend the meeting of the Permanent Chamber in relation to specific points in the agenda, when this is necessary for the purpose of allowing the Permanent Chamber to take decisions. 2. For the same purpose, in exceptional situations, when this is not contrary to applicable provisions of Union or national law, the Chair of the Permanent Chamber, after having consulted the permanent members, the relevant supervising European Prosecutor and, if necessary, the handling European Delegated Prosecutor, may invite any other person to attend the meeting of the Permanent Chamber. 3. Persons invited in accordance with paragraphs (1) and (2) may under no circumstance be present at the moment of the deliberation of a decision of the Permanent Chamber. 4. Administrative costs related to the invitations under this Article shall be covered by the budget of EPPO. In case the invitation entails costs, the Administrative Director shall be notified of invitations under this Article.

Article 9 Evaluation The College shall assess the impact of this Decision on the efficiency of the work of the EPPO six months after the date established in accordance with Article 120(2) EPPO Regulation.

Article 10 Entry into force This Decision shall enter into force on the day of its adoption by the College.

Done at Luxembourg, 25 November 2020. For the College, Laura Codruța KÖVESI European Chief Prosecutor

(1) OJ L 283, 31.10.2017, p. 1.

(2) OJ C 22, 21.1.2021, p. 3.