Rules of procedure of Eurojust
Date: 2002-05-30
Institutions: European Union Agency for Criminal Justice Cooperation
Subjects: judicial cooperation in criminal matters in the EU, rules of procedure

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(Acts adopted under Title VI of the Treaty on European Union)

RULES OF PROCEDURE OF EUROJUST (1)

(2002/C 286/01)

PREAMBLE

TITLE I — ORGANISATION AND FUNCTIONING

CHAPTER I — THE COLLEGE
Article 1. Composition and operation of the College
Article 2. Functions of the College
Article 3. Election of the President and Vice-Presidents
Article 4. Functions of the President
Article 5. Functions of the Vice-Presidents
Article 6. Committees
Article 7. The function of Secretary of the College
Article 8. Meetings of the College
Article 9. Quorum and voting
Article 10. Attendance at meetings
Article 11. Minutes of the meetings

CHAPTER II — NATIONAL MEMBERS
Article 12. Status of the national members
Article 13.

Information from the national members

TITLE II — OPERATIONAL RULES
Article 14. Operational work
Article 15. Operational work of the College [level I]
Article 16. Operational work of the members [level II]
Article 17. Special co-ordination meetings [level III]
Article 18. Exercise of powers under Articles 6 and 7 of the Decision
Article 19. Participation of other entities

TITLE III — RELATIONS WITH THE INSTITUTIONS AND BODIES CREATED BY OR
BASED ON THE TREATIES
Article 20. The European Parliament
Article 21. The European Commission
Article 22. The European Anti-Fraud Office (OLAF)
Article 23. Europol

TITLE IV — STAFF RULES
Article 24. The Administrative Director
Article 25. The Eurojust staff

TITLE V — PROVISIONS REGARDING THE TREATMENT OF PERSONAL DATA (2)
Article 26. Personal data

TITLE VI — OTHER PROVISIONS
Article 27. Amendments to the Rules of Procedure
Article 28. Entry into force

(1) Adopted unanimously by the College of Eurojust at its meeting on 30 May 2002 and approved by the Council on

13 June 2002.

(2) These provisions will be adopted at a later stage and submitted for approval by the Council (Article 10(2)).

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THE COLLEGE OF EUROJUST,

Article 3

Having regard to the Council Decision 2002/187/JHA of
28 February 2002 (1), hereinafter referred to as ‘the Decision’
whereby Eurojust was created with a view to reinforcing the
fight against serious forms of crime, and in particular Article 10
of the Decision,

Election of the President and Vice-Presidents

The College shall elect a President and two Vice-
the
from among its members. The results of

1.
presidents
election shall be submitted to the Council for approval.

Noting that these Rules of Procedure will be supplemented
with regard to the provisions concerning the processing of
personal data when consultation with the Joint Supervisory
Body has taken place.

The College shall elect

the President by a two-thirds
2.
majority of
the College issued in a secret ballot by the
national members. National members wishing to be elected
shall present their candidacy in writing to the College before
the meeting in which the election is to take place.

ADOPTS THE FOLLOWING RULES OF PROCEDURE:

TITLE I

ORGANISATION AND FUNCTIONING

CHAPTER I

The College

Article 1

3.
If no member attains the required majority in the first
round of voting, a second round of voting shall be held
immediately to elect by a two-thirds majority of the College
one of the two or, where an equal number of votes has been
attained, several members who attained the greatest number of
votes in the first round. If a two-thirds majority of the College
is not attained, a third ballot shall take place immediately to
elect by a simple majority one of the members who attained
the greatest number of votes in the second round.
If no
member obtains a majority in the third round, the longest
serving member of those members tied will be deemed elected.

Composition and operation of the College

In accordance with Articles 10(1) and 28(1) of the Decision:

The College may invite a person from the European

4.
Union institutions to attend the election as an observer.

1. The College shall consist of all the national members. Each

national member shall have one vote.

2. The College shall be responsible for the organisation and

operation of Eurojust.

Article 2

Functions of the College

In performance of its functions as laid down in the Decision,
the College, as the body responsible for the organisation and
operation of Eurojust, shall:

1. Agree to the creation of ad-hoc committees in accordance
with Article 6 of these Rules of Procedure and designate
among the College its members.

2. Approve the call for applications for the post of Adminis-
trative Director and designate from among its members the
selection board.

3. Appoint, by a two-thirds majority of

the College,

the

financial controller of Eurojust.

4. Appoint, by a two-thirds majority of

the College,

the

internal auditor of Eurojust.

5. Act as otherwise provided for in these rules of Procedure.

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

Once the President has been elected, the College shall
5.
elect
the Vice-Presidents, also by secret ballot. The two
members obtaining the greatest number of votes shall be
elected. The election of Vice-President
shall otherwise be
governed by the same rules as applicable to the election of
the President.

The term of office of

6.
the President and the Vice-
Presidents shall be three years; a member may be re-elected
once to the same office. At the end of their terms, the College
shall hold new elections in accordance with the procedure
established in the previous paragraphs. In the meantime, the
President and the Vice-Presidents shall continue to exercise the
functions of President and Vice-President until the appointment
of their successors and approval by the Council.

In the event that a national member holding office as
7.
President or Vice-President
is replaced by a Member State
during the exercise of their office or in the case of resignation
or death of a President or Vice-Presidents elections will be held
in accordance with the procedures established in paragraphs 2,
3 and 5.

Article 4

Functions of the President

The President

1.
shall exercise the functions expressly
conferred upon him or her by the Decision and the present
Rules of Procedure, on behalf of the College and under its
authority.

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The President shall represent Eurojust. He or she shall
2.
sign all official communications from Eurojust, when acting
as a College, on behalf of the College. His or her powers to
sign on behalf of the College in financial matters shall be
governed by the Financial Regulation.

3.
The President shall call and preside over the meetings of
the College, determine the place, day and time of the meetings,
the provisional agenda, commence and conclude the
draft
meetings, moderate the debates and oversee the execution of
the decisions adopted. All important matters necessary for the
organisation and operation of Eurojust shall be placed on the
agenda of the College. The President and the Administrative
Director shall ensure that the College is kept informed of all
matters that may interest it.

4.
The President shall direct the work of the College and
monitor the daily management ensured by the Administrative
Director.

the College or

The Secretary of

the Administrative
4.
Director or any other person designated by him or her in
consultation with the President shall act also as the secretary
to such Committees, the meetings of which shall be convened
by the Chairperson of the Committee at least two days before
they are to be held.

Article 7

The function of Secretary of the College

1.
The College may decide that it is necessary for it to have
a specially selected Secretary from among the Eurojust staff.
The Administrative Director and the President shall consult
closely on the selection of the Secretary of the College. The
Secretary will attend the meetings of the College. He or she will
take the minutes of the meetings.

The Secretary will work in close consultation with the
2.
President of the College and under the authority of the Admin-
istrative Director.

5.
In the absence of the President and the Vice-Presidents
the longest serving Eurojust member shall fulfil the functions of
the President.

The Secretary shall meet the requirements established by

3.
the College in accordance with the following criteria:

Article 5

(a) suitability to carry out the function;

Functions of the Vice-Presidents

(b) administrative level set by the College;

1.
The Vice-Presidents shall substitute for the President in
the order of longest serving Eurojust member in the event of
vacancy, absence or sickness. The Vice-Presidents shall assist
the President in the exercise of his or her functions.

The Vice-Presidents shall perform functions which the
inform and,
the College on the

2.
President entrusts to them. The President shall
when the matter is important, consult
distribution of functions among the Vice-Presidents.

The Vice-Presidents shall substitute for one another in the

3.
case of vacancy, absence or sickness.

Article 6

Committees

1.
The College may set up ad-hoc committees and appoint
their Chairpersons and members by a two-thirds majority of
the College and designate their members for any matter
relating to preparing decisions concerning the organisation
and operation of Eurojust.

The Committees so established shall report on their work

2.
to the College.

except where

The College may decide to delegate its powers to any
3.
such Committee
provides
expressly that a task shall be carried out by the College. In
such a case, the decision to delegate shall specify with precision
the tasks delegated and any reporting obligations to the
College.

the Decision

(c) availability to perform the function.

The Secretary shall assist

4.
in his or her
bureaucratic tasks related to the College, and keep the record
of the minutes of the meetings of the College and the ad-hoc
committees.

the President

Article 8

Meetings of the College

Each week, unless it is decided otherwise, the College

1.
shall hold at least one ordinary meeting.

2. Meetings of the College shall be held other than in public
and the discussions shall be confidential.

3. When advisable, the President may call an extraordinary
meeting either on his or her own initiative or at the request of
one of the national members.

4.
The President of the College shall prepare the provisional
agenda for each meeting, which shall be sent by the Secretary
to the other members of the College at least three days prior to
the beginning of the meeting. When an extraordinary meeting
is called, the agenda will be sent 24 hours in advance of the
meeting.

The provisional agenda shall

5.
include the points which
have been requested by any national member prior to the
calling of the meeting as well as any point that the President
or the Administrative Director deems appropriate.

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At

the beginning of each meeting,

the College shall
6.
approve the agenda. Urgent matters not appearing on the
included and submitted for
provisional agenda may be
discussion and voting if the College agrees but,
if a matter
arises for a decision requiring a vote, absent members shall
if possible, by any means by the President. If
be consulted,
such a consultation has taken place,
the absent member's
opinion shall be taken into consideration.

The votes shall be taken by a show of hands or by a roll
7.
call
the voting by a show of hands is challenged. The
if
decisions or agreements adopted by the College shall not
record the breakdown of votes. The opinions expressed by
the minority shall be included in the minutes of the meeting
if so requested by any national member but they shall remain
confidential.

The College shall decide whether or not

to take up
8.
matters referred to it, while taking into account all circum-
stances. If, by two-thirds majority, the College decides not to
deal with a case,
it shall do so in consideration of relevant
priorities established, and where difficulties of a practical
nature arise, Eurojust may discuss these matters with the
requesting Member States' competent authorities on how best
to advance the matter.

Article 9

Quorum and voting

1.
The President shall organise the work of the College in
such a manner so as to enable all members of the College to be
present, in particular when important decisions are to be taken.
However, if it is not possible for all members to be present,
two thirds of the members of the College shall constitute a
the President shall
quorum.
continue the meeting without recording any formal decision.
Provisional decisions shall be confirmed at the next meeting at
which there is quorum.

In the absence of a quorum,

The College may only proceed to vote on a matter when
the issue has been sufficiently

that

2.
the President deems
considered.

3.
Those decisions for which the Decision and these Rules
of Procedure do not require unanimity or a majority of two
thirds, shall be adopted by a simple majority of the College.

4. Without prejudice
to Article 3, paragraph 5, any
agreement under the decision requiring the approval of the
Council shall be adopted by a two-thirds majority of
the
College.

Article 10

Attendance at meetings

The President, having consulted the College, may permit
2.
persons particularly qualified on matters for discussion to
speak on specific points on the agenda.

At

the

invitation of

the Commission,

the President and under

the College. With regard to operational meetings,

the
3.
conditions established by the Decision and the present Rules
of Procedure, representatives of
including
OLAF, Europol or other institutions and bodies and contact
points of the European Judicial Network may attend meetings
their
of
participation will be governed by Articles 15 to 19 of these
Rules of Procedure. Where the meetings do not concern oper-
ational matters, operational information shall not be exchanged
in the meetings in which they participate. Without prejudice to
the provisions of Article 19, no operational matters may be
dealt with in such meetings.

Article 11

Minutes of the meetings

1.
The Secretary of the College shall record the minutes of
each meeting that is held. The minutes, to be finalised in
principle within two days of
the meeting, shall record at
least the following information:

— names of persons attending,

— report on the debates,

— decisions adopted by the College.

A draft of the minutes shall be sent by the President to

2.
the national members to be approved by the College.

3.
Once the College has approved the minutes, they shall be
signed by the President and the Secretary and attached to the
record kept by the Secretary.

CHAPTER II

National members

Article 12

Status of the national members

Each national member shall

inform the President and
1.
each other of his or her term of office and any judicial
powers granted to him or her within their territories under
Article 9(3) of the Decision and of any change therein.
In
this regard, the President shall draft and periodically update a
document detailing the term of office and judicial powers and
the prerogatives that the Member States have granted their
national members to act in relation to foreign judicial auth-
orities. The President shall make this document available to the
national members.

1.
Assistants to the national members may attend the
meetings of the College. When they attend in substitution of
a national member
full voting
members. The President or the College may decide to restrict
meetings to voting members.

they shall participate as

2. Where a national member has had contacts with auth-
orities other than those of his or her State of origin, he or she
shall so inform the national member of that State without
delay and of the nature of his contacts.

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Article 13

Information from the national members

1.
The national members shall inform the College in general
terms of any matter that is likely to be within the competence
of Eurojust particularly when it may have repercussions at
European Union level or may affect Member States other
than those directly concerned.

involving one or more national
2.
If a dispute arises
members in the exercise of
the national
members concerned may inform the President who may call
an urgent meeting of the College to examine the issue.

functions,

their

TITLE II

OPERATIONAL RULES

Article 14

Operational work

Eurojust shall discharge its operational tasks in accordance with
the following provisions.

Article 15

Operational work of the College [level I]

1.
At the beginning of the meetings of the College, the
President or any national member concerned may propose
that a certain matter be taken up by the College pursuant to
the provisions of Articles 5(1)(b) and 7 of the Decision. In this
regard, the President or the national member concerned shall
inform the College of the States concerned and justify the
inclusion of the defined matter in one of the competencies
listed in Article 4 of the Decision.

2.

Eurojust shall record any matter referred to it.

The College shall decide whether or not to take up the

3.
matter.

The College shall analyse the status of its operational
4.
matters at
least once a month. The national members
involved in such matters shall report to the College regarding
their status, and request that they be closed when appropriate.

5.
Both when a matter is taken up as well as at any
subsequent time, the College may decide, on the proposal of
any of the national members concerned, to call a coordination
meeting at the second operational level within Article 16 of the
present rules. The outcome of such meetings shall be reported
to the College in general terms.

Article 16

Operational work of the members [level II]

1.
Operational meetings of the national members shall be
convened, if necessary, when two or more national members

act in accordance with Article 5(1)(a) of the Decision or when
the College decides to call a coordination meeting at
the
second level, according to Article 15(5) of the present Rules
of Procedure.

2. Meetings may be attended by the national members
concerned with the case, their assistants, where appropriate,
as well as the Secretary of the College or any other person
designated by the President and approved by the members
concerned who has the requisite security clearance, who will
the meeting. A national member
record the minutes of
interested in a case may assist with the consent of
the
national members concerned.

3. Matters requiring a decision by the College will be
referred to it, in accordance with the Decision.

Article 17

Special coordination meetings [level III]

1.
The College on the proposal of one or more national
members concerned may decide to convene a special coor-
dination meeting, which will be conducted in accordance
with the following paragraph.

2. Meetings at this level may be attended by the national
members concerned, their assistants, where appropriate, and
the competent national authorities of
the Member States
concerned, as well as the Secretary of the College or any
other person designated by the President after approval of
record the
the national members concerned, who shall
minutes of the meeting.

Article 18

Exercise of powers under Articles 6 and 7 of the Decision

1.
The President will ensure that procedures are in place to
establish and maintain a register to record the exercise of
powers under Articles 6 and Article 7 of the Decision.

2. When a national member exercises the power to make a
request under Article 6(a) of the Decision he or she will do so
in writing. He or she will also send a written copy of the
request to the President and to the national member of every
member State concerned.

3. When the College exercises the power under Article 7(a)
of the Decision it will do so in writing. The President will also
send a written copy of the request to the national member of
every member state concerned.

4.
The President will ensure that, following a request made
by the College under Article 7(a), all responses made by
competent authorities in Member States and sent to Eurojust
under Article 8 of the Decision are retained in the Register.

All communications and transmissions of

information
the
shall be directed through the national

competent authorities of

5.
between Eurojust and the
Member States
member concerned.

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Article 19

Participation of other entities

The participation of Europol in operational meetings shall
to the provisions of any agreement concluded

1.
be subject
pursuant to Article 26 of the Decision.

the invitation of

The participation of the contact points of the European
2.
in operational
Judicial Network and liaison magistrates
meetings at any level
the
shall be at
President having consulted the College at the instance of the
the
members
regular
European Judicial Network shall be
intervals
share
to express
experiences or discuss matters of common concern. The
European Judicial Network shall express to the College its
views on its administrative and budgetary needs.

concerned. Contact points designated by

invited at
their views,

to the College

3.
The Commission in the circumstances referred to in
Article 3(3) of the Decision may attend meetings at the invi-
tation of
the national
members concerned.

the President with the approval of

Representatives of

in the circumstances
4.
referred to in Article 3(2) of
the Decision may attend
meetings at the invitation of the President with the approval
of the national members concerned.

third States

5. When operational meetings deal with cases the purpose
of which is to coordinate investigations and prosecutions
regarding the protection of
the
Community, the participation of OLAF shall, at the initiative
of the national members concerned, be at the invitation of the
President. OLAF's participation on its own request is regulated
by Article 26(3) of the Decision.

the financial

interests of

TITLE III

RELATIONS WITH THE

INSTITUTIONS AND BODIES

CREATED BY OR BASED ON THE TREATIES

Article 20

The European Parliament

Eurojust shall maintain the necessary channels of communi-
cation with the European Parliament in accordance with the
Decision.

Article 21

The European Commission

in order to enable it

1.
In accordance with the provisions of Article 11 of the
Decision, Eurojust shall maintain regular relations with the
Commission,
to be associated with
Eurojust's work in aspects related to general questions, and
in particular budgetary matters, and questions coming within
its competence under Article 36(2) of the Treaty on European
Union. Having been invited by Eurojust, the Commission may
present
to the College on matters within its
competence under the Treaty on European Communities.

its views

2. Without prejudice to other practical arrangements made
with the Commission and in order to allow the Commission to
make recommendations, issue opinions or suggest initiatives to
the Council that it deems appropriate to improve judicial coop-
the
eration in criminal matters among the Member States,
inform the Commission at regular intervals of
College will
cooperation in
the main problems
concerning
criminal matters that it has detected in the exercise of
its
functions.

judicial

In principle,

3.
the Commission will be invited by the
College to regular meetings on a monthly basis with a view
to exchanging experience, advice and sharing information
information. During these meetings,
other than operational
an exchange of
information on general matters and about
the activities and projects of Eurojust and the Commission
will be organised. Before each meeting and preferably one
week before the meeting, Eurojust will propose an agenda to
the Commission. The Commission will be invited to contribute
to the agenda. The agenda will be adopted at the beginning of
the meeting with any additional point which has been
accepted. Where necessary
the
Commission to exceptional meetings.

the College will

invite

4.
In the coordination of investigations and prosecutions,
Eurojust shall in particular consider whether any issue arises
relating to the competence of the Commission, and for which
its expertise or an exchange of information could be requested
by the College.

The Commission shall not have access to operational

5.
data.

Article 22

The European Anti-Fraud Office (OLAF)

In accordance with Article 26(3) of
the Decision, which
provides that Eurojust shall establish and maintain close coop-
eration with OLAF:

1. Other than those cases referred to in Article 19(5), when
Eurojust takes the initiative to collaborate with OLAF on a
case-by-case basis concerning the protection of the financial
interests of
it shall verify through the
corresponding national members that the competent auth-
orities of the Member States concerned do not oppose this
collaboration.

the Community,

concerning

2. Where OLAF requests to collaborate with Eurojust on a
the
case-by-case basis
financial
the College shall
verify through the corresponding national members that
the competent authorities of the Member States concerned
do not oppose this collaboration.

the protection of

the Community,

interests of

3. A Memorandum of Understanding may be drawn up
between Eurojust and the Commission (OLAF) on the
in accordance
further necessary practical arrangements,
with Article 11(3) of
cooperation
between Eurojust
and the Commission (OLAF). This
Memorandum shall contain arrangements for the exchange
of
in
information with OLAF
conformity with the Decision.

in appropriate

the Decision,

cases

for

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Article 23

Europol

Relations between Eurojust and Europol shall be governed by
the provisions of an Agreement to be approved by the Council
pursuant to Article 26 of the Decision.

TITLE IV

STAFF RULES

Article 24

The Administrative Director

1.
The Administrative Director shall propose to the College
all necessary measures for the organisation and operation of
Eurojust.

A Selection Board comprising three national members,
2.
and, where appropriate and after a decision by the College, if
he or she does not stand for re-election, the former Adminis-
trative Director or another person who may be a management
consultant or another person with particular experience in
selection of senior posts, shall select and interview candidates
and present a list of candidates to the College with a recom-
mendation of the candidate to be chosen. The Selection Board
may propose to the College the manner in which to call for
applications and decide the number of candidates to be inter-
viewed following the call for applications.

The candidates shall have the academic qualifications,
financial and management experience
function of Administrative

3.
linguistic skills,
sufficient
Director. They shall be nationals of a Member State.

legal,
to carry out

the

4.
The College can remove the Administrative Director. Any
member of Eurojust can initiate the removal procedure, stating
the
the reasons for the measure. The President shall remit
removal proposal to the Administrative Director so that he
or she can make representations to the President within a
period of eight days. The President
to the
College. The decision to remove an Administrative Director
shall be by a two-thirds majority of the College.

report

shall

Article 25

Eurojust staff

1.
The College shall, on the proposal of the Administrative
Director, adopt an establishment plan for the financial year in
question.

Eurojust staff shall be recruited by the Administrative
in accordance with the establishment plan or a
the

2.
Director
specific decision by the College under Article 28 of
Decision.

3.
Eurojust staff positions shall be evaluated and shall be
subject to the approval of the College in the establishment
plan according to the nature and importance of the mission
and bearing in mind the knowledge and experience required.

4.
The Administrative Director shall exercise over the staff
the powers devolved to the Appointing Authority (AIPN). The
College shall adopt appropriate rules for the implementation of
this paragraph.

TITLE V

PROVISIONS REGARDING THE TREATMENT OF PERSONAL
DATA

Article 26

Personal data

The present Rules of Procedure shall be supplemented by a
separate decision on processing and protection of personal
data, in accordance with the Article 10(2) of the Decision.

TITLE VI

OTHER PROVISIONS

Article 27

Review of the rules of procedure

Any amendment to the present Rules of Procedure shall follow
in the
the same procedures established for
Decision.

its approval

Article 28

Entry into force

The present Rules of Procedure shall enter into force the day
following their definitive approval by the Council.