Council Decision (EU) 2023/133 of 17 January 2023 appointing the members of the selection panel provided for in Article 14(3) of Regulation (EU) 2017/1939

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

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⁾, and in particular Article 14(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

1. The European Chief Prosecutor is appointed by the European Parliament and the Council from among candidates selected by the selection panel provided for in Article 14(3) of Regulation (EU) 2017/1939 (‘the selection panel’). The European Prosecutors are appointed by the Council from among three qualified candidates nominated by each Member State after the Council has received a reasoned opinion from the selection panel.

2. Pursuant to Article 3 of Council Implementing Decision (EU) 2019/598⁽²⁾, the term of office of the European Prosecutors from eight Member States, determined by drawing lots, is to be of three years and is not to be renewable. The term of office of those European Prosecutors will expire in July 2023.

3. Pursuant to Article 1 of Council Decision (EU) 2018/1275⁽³⁾, the mandate of the current members of the selection panel expired on 9 October 2022. New members should therefore be appointed.

4. Pursuant to Article 14(3) of Regulation (EU) 2017/1939, the selection panel is to comprise 12 persons chosen from among former members of the Court of Justice and the Court of Auditors, former national members of Eurojust, members of national supreme courts, high level prosecutors and lawyers of recognised competence.

5. One of the selection panel members is to be proposed by the European Parliament. On 7 June 2022, the European Parliament nominated Ms Margreet Fröberg as the selection panel member to be proposed by it.

6. The Commission took into account the need for geographical balance, gender balance and due representation of the legal systems of the Member States participating in enhanced cooperation on the establishment of the EPPO for the membership of the selection panel.

7. Among the 11 persons proposed by the Commission, there is one former member of the Court of Justice, one former member of the Court of Auditors, one former national member of Eurojust, six high level prosecutors and two members of national supreme courts, of which six are men and five are women.

8. The members of the selection panel should therefore be appointed,

HAS ADOPTED THIS DECISION: