Justice ministers from EU Member States will reassess the state of play with regard to the establishment of the European Public Prosecutor’s Office during their videoconference meeting on 11 March. The last obstacle to its assumption of duties, the appointment of the European Delegated Prosecutors is progressing slowly, according to a European Commission document (a ‘non-paper’) drawn up for the meeting, a copy of which EUROPE obtained.
As of 26 February, only 32 European Delegated Prosecutors from seven Member States (Germany, Slovakia, Estonia, Lithuania, the Czech Republic, Romania, and the Netherlands)—out of the 140 prosecutors expected from the 22 participating countries—had actually been appointed (see EUROPE 12644/33).
The document indicates that most Member States have reached an agreement with the European Public Prosecutor on the number of European Delegated Prosecutors for their country.
So far, about half of them have nominated all their candidates; or, in any case, some of them have at least finalised the selection procedure (Belgium, Bulgaria, the Czech Republic, Germany, Estonia, France, Latvia, Lithuania, the Netherlands, Portugal, Romania, and Slovakia).
In other Member States, like Austria and Croatia, the selection procedure is expected to be completed soon, whereas it is “somewhat delayed” in Greece, Spain, Italy, Luxembourg, Malta, and Slovenia.
The European Commission indicates that the procedure is still, however, pending in Finland due to persistent differences of opinion on the issue of part-time European Delegated Prosecutors, whereas an agreement with Cyprus is on the point of being concluded.
Preparations for national implementation measures are also progressing. According to the document, the majority of Member States have adopted the necessary legislation to adapt their national judicial systems to the regulation establishing the European Public Prosecutor’s Office (Belgium, Bulgaria, Cyprus, the Czech Republic, Germany, Estonia, Finland, France, Croatia, Italy, Lithuania, Latvia, Portugal, Romania, Slovenia, and Slovakia).
In Austria, Luxembourg, Malta, and the Netherlands, the legislative procedures are expected to be completed by the end of the first quarter of 2021, and for Greece and Spain, not before the second half of the year.
The European Commission assures that it continues to closely monitor national preparations. (Original version in French by Marion Fontana)