European Public Prosecutor's Office

Article-By-Article Commentary
Herausgeber: Herrnfeld, Hans-Holger; Burchard, Christoph; Brodowski, Dominik

• Gebundenes Buch

Produktbeschreibung

ThIS commentary on the EPPO Regulation is intended to guide practitioners - within EPPO as well as in the national prosecution services and law enforcement agencies, courts, and law offices - in the interpretation of the Regulation. By providing an in-depth analysis of the intricate interplay of the Regulation's provisions and their legal and practical context, it will also provide a valuable source for further academic research on individual aspects relating to the EPPO. In addition, the commentary will assist political decision-makers in assessing the practical implementation of the EPPO Regulation by clarifying its relations to national law and national judicial and law enforcement authorities.

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Produktdetails

• Verlag: Bloomsbury Academic
• Seitenzahl: 704
• Erscheinungstermin: 24. Dezember 2020
• Englisch
• Abmessung: 244mm x 170mm x 60mm
• Gewicht: 1704g
• ISBN-13: 9781509947157
• ISBN-10: 1509947159
• Artikelnr.: 60597013

Autorenporträt

Hans-Holger Herrnfeld is Senior Federal Public Prosecutor; Head of Division at the Federal Ministry of Justice and Consumer Protection, Berlin, Germany. Dominik Brodowski is Junior Professor of Criminal Law and Criminal Procedure at Saarland University, Saarbrücken, Germany. Christoph Burchard is Professor of German, European and International Criminal Justice, Comparative Law and Legal Theory, Goethe University Frankfurt.

Inhaltsangabe

CHAPTER I SUBJECT MATTER AND DEFINITIONS Article 1 Subject matter Article 2
Definitions CHAPTER II ESTABLISHMENT, TASKS AND BASIC PRINCIPLES OF THE
EPPO Article 3 Establishment Article 4 Tasks Article 5 Basic principles of
the activities Article 6 Independence and accountability Article 7
Reporting CHAPTER III STATUS, STRUCTURE AND ORGANISATION OF THE EPPO
SECTION 1 Status and structure of the EPPO Article 8 Structure of the EPPO
Article 9 The College Article 10 The Permanent Chambers Article 11 The
European Chief Prosecutor and the Deputy European Chief Prosecutors Article
12 The European Prosecutors Article 13 The European Delegated Prosecutors
SECTION 2 Appointment and dismissal of the members of the EPPO Article 14
Appointment and dismissal of the European Chief Prosecutor Article 15
Appointment and dismissal of the Deputy European Chief Prosecutors Article
16 Appointment and dismissal of the European Prosecutors Article 17
Appointment and dismissal of the European Delegated Prosecutors Article 18
Status of the Administrative Director Article 19 Responsibilities of the
Administrative Director Article 20 Provisional administrative arrangements
of the EPPO SECTION 3 Internal rules of procedure of the EPPO Article 21
Internal rules of procedure of the EPPO CHAPTER IV COMPETENCE AND EXERCISE
OF THE COMPETENCE OF THE EPPO SECTION 1 Competence of the EPPO Article 22
Material competence of the EPPO Article 23 Territorial and personal
competence of the EPPO SECTION 2 Exercise of the competence of the EPPO
Article 24 Reporting, registration and verification of information Article
25 Exercise of the competence of the EPPO CHAPTER V RULES OF PROCEDURE ON
INVESTIGATIONS, INVESTIGATION MEASURES, PROSECUTION AND ALTERNATIVES TO
PROSECUTION SECTION 1 Rules on investigations Article 26 Initiation of
investigations and allocation of competences within the EPPO Article 27
Right of evocation Article 28 Conducting the investigation Article 29
Lifting privileges or immunities SECTION 2 Rules on investigation measures
and other measures Article 30 Investigation measures and other measures
Article 31 Cross-border investigations Article 32 Enforcement of assigned
measures Article 33 Pre-trial arrest and cross-border surrender SECTION 3
Rules on prosecution Article 34 Referrals and transfers of proceedings to
the national authorities Article 35 Termination of the investigation
Article 36 Prosecution before national Courts Article 37 Evidence Article
38 Disposition of confiscated assets SECTION 4 Rules on alternatives to
prosecution Article 39 Dismissal of the case SECTION 5 Rules on simplified
procedures Article 40 Simplified prosecution procedures CHAPTER VI
PROCEDURAL SAFEGUARDS Article 41 Scope of the rights of the suspects and
accused persons Article 42 Judicial review CHAPTER VII PROCESSING OF
INFORMATION Article 43 Access to information by the EPPO Article 44 Case
management system Article 45 Case files of the EPPO Article 46 Access to
the case management system CHAPTER VIII DATA PROTECTION Introduction to
Chapter VIII (Articles 47 to 89) [SECTION 1] [Principles] Article 47
Principles relating to processing of personal data Article 48
Administrative personal data Article 49 Processing of operational personal
data Article 50 Time-limits for the storage of operational personal data
Article 51 Distinction between different categories of data subjects
Article 52 Distinction between operational personal data and verification
of quality of personal data Article 53 Specific processing conditions
Article 54 Transmission of operational personal data to institutions,
bodies, offices and agencies of the Union Article 55 Processing of special
categories of operational personal data Article 56 Automated individual
decision-making, including profiling [SECTION 2] [Rights of the data
subject] Article 57 Communication and modalities for exercising the rights
of the data subject Article 58 Information to be made available or given to
the data subject Article 59 Right of access by the data subject Article 60
Limitations of the right of access Article 61 Right to rectification or
erasure of operational personal data and restriction of data processing
Article 62 Exercise of rights by the data subject and verification by the
European Data Protection Supervisor [SECTION 3] [Controller and processor]
Article 63 Obligations of the EPPO Article 64 Joint controllers Article 65
Processor Article 66 Processing under the authority of the controller or
processor Article 67 Data protection by design and by default Article 68
Records of categories of processing activities Article 69 Logging in
respect of automated processing Article 70 Cooperation with the European
Data Protection Supervisor Article 71 Data protection impact assessment
Article 72 Prior consultation of the European Data Protection Supervisor
[SECTION 4] [Security of personal data] Article 73 Security of processing
of operational personal data Article 74 Notification of a personal data
breach to the European Data Protection Supervisor Article 75 Communication
of a personal data breach to the data subject Article 76 Authorised access
to operational personal data within the EPPO [SECTION 5] [Data Protection
Officer] Article 77 Designation of the Data Protection Officer Article 78
Position of the Data Protection Officer Article 79 Tasks of the data
protection officer [SECTION 6] [Transfers of personal data to third
countries or international organisations] Article 80 General principles for
transfers of operational personal data Article 81 Transfers on the basis of
an adequacy decision Article 82 Transfers subject to appropriate safeguards
Article 83 Derogations for specific situations Article 84 Transfers of
operational personal data to recipients established in third countries 535
[SECTION 7] [Tasks of the European Data Protection Supervisor] Article 85
Supervision by the European Data Protection Supervisor Article 86
Professional secrecy of the European Data Protection Supervisor Article 87
Cooperation between the European Data Protection Supervisor and national
supervisory authorities Article 88 Right to lodge a complaint with the
European Data Protection Supervisor Article 89 Right to judicial review
against the European Data Protection Supervisor CHAPTER IX FINANCIAL AND
STAFF PROVISIONS SECTION 1 Financial Provisions Article 90 Financial actors
Article 91 Budget Article 92 Establishment of the budget Article 93
Implementation of the budget Article 94 Presentation of accounts and
discharge Article 95 Financial rules SECTION 2 Staff Provisions Article 96
General provisions Article 97 Temporary agents and contract agents Article
98 Seconded national experts and other staff CHAPTER X PROVISIONS ON THE
RELATIONS OF THE EPPO WITH ITS PARTNERS Article 99 Common provisions
Article 100 Relations with Eurojust Article 101 Relations with OLAF Article
102 Relations with Europol Article 103 Relations with other institutions,
bodies, offices and agencies of the Union Article 104 Relations with third
countries and international organisations Article 105 Relations with Member
States of the European Union which do not participate in enhanced
cooperation on the establishment of the EPPO CHAPTER XII GENERAL PROVISIONS
Article 106 Legal status and operating conditions Article 107 Language
arrangements Article 108 Confidentiality and professional secrecy Article
109 Transparency Article 110 OLAF and the Court of Auditors Article 111
Rules on the protection of sensitive non-classified and classified
information Article 112 Administrative inquiries Article 113 General regime
of liability Article 114 Implementing rules and programme documents Article
115 Exercise of the delegation Article 116 Urgency procedure Article 117
Notifications Article 118 Review of the rules relating to the protection of
natural persons with regard to the processing of personal data by the EPPO
Article 119 Review clause Article 120 Entry into force COUNCIL REGULATION
(EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the
establishment of the European Public Prosecutor's Office ('the EPPO')
DIRECTIVE (EU) 2017/1371 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5
July 2017 on the fight against fraud to the Union's financial interests by
means of criminal law