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Legislation Implementing The Decision Of The Council Of The European Union Of 28 February 2002 Setting Up Eurojust To Strengthen The Fight Against The Serious Forms Of Crime (1)

Original Language Title: Loi transposant la décision du Conseil de l'Union européenne du 28 février 2002 instituant Eurojust afin de renforcer la lutte contre les formes graves de criminalité (1)

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belgiquelex.be - Carrefour Bank of Legislation

21 JUIN 2004. - Law transposing the decision of the Council of the European Union of 28 February 2002 establishing Eurojust to strengthen the fight against serious forms of crime (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER Ier. - Introductory provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Designations
Art. 2. § 1er. To be designated a Belgian member or assistant to the Belgian member of Eurojust, the candidate must be a magistrate of the public prosecutor's office and have been exercising legal functions for at least ten years, including the last six years as a judicial magistrate.
§ 2. The Minister of Justice shall designate the Belgian member on notice, as the case may be, of the competent public prosecutor or of the federal public prosecutor.
The Minister of Justice may appoint an assistant to the Belgian member of Eurojust. It shall do so on notice, as the case may be, of the competent public prosecutor or of the federal public prosecutor.
The assistant of the Belgian member of Eurojust can replace the latter.
The designations are valid for a period of five years, which can be renewed twice.
§ 3. For the purposes of Part II, Book II, Title V of the Judicial Code on Discipline, the Belgian member and the assistant of the Belgian member of Eurojust are assimilated to a federal judge.
Art. 3. To be designated a national correspondent of Belgium with Eurojust, the candidate must be a magistrate of the public prosecutor's office and be a federal magistrate or a delegate to the federal prosecutor's office pursuant to Article 144bis, § 3, of the Judicial Code. The Minister of Justice shall designate the national correspondent on notice, as the case may be, of the Federal Prosecutor or of the competent Attorney General.
In the absence of the designation of an assistant to the Belgian member of Eurojust, the national correspondent of Belgium with Eurojust becomes assistant to the Belgian member of Eurojust in the event of his unavailability.
Art. 4. § 1er. The Minister of Justice designates the Belgian member of the common control body referred to in Article 23 of the Council's decision of 28 February 2002 establishing Eurojust in order to strengthen the fight against serious forms of crime, as referred to in the Council's decision of 28 February 2002, among the magistrates of the headquarters who sit in the Commission for the Protection of Privacy.
If the Commission for the Protection of Privacy does not have judges of the seat within it, the appointment of the member of the common control body shall be in accordance with § 2.
§ 2. To be designated within the common control body as part of the application of § 1er, the magistrate of the office who is a candidate must have been in legal office for at least fifteen years, including the last seven years as a judicial officer.
The Minister of Justice shall designate the magistrate on the advice of the competent first president.
The designation is valid for a five-year period that can be renewed twice.
Art. 5. The judge appointed within the common control body receives a presence token whose amount and terms of granting are determined by the King.
Art. 6. § 1er. As long as no assistant to the Belgian member of Eurojust is designated under Article 2, a prosecutor's lawyer, a secretary, an assistant secretary or a member of the public prosecutor's office staff may be delegated by the Minister of Justice, on the advice of the competent public prosecutor, to assist the Belgian member of Eurojust. He cannot replace this one.
The designation is valid for up to five years.
§ 2. The prosecutor ' s legal officer, the secretary, the deputy secretary or the staff of the prosecutor ' s secretariats as well as the related increases and benefits.
The provisions of the Judicial Code relating to discipline remain applicable.
During his delegation ' s term, he retained the last assessment given to him before his delegation.
The following assessment shall, as the case may be, be based on articles 259nonies and 259decies or section 287ter of the Judicial Code. The deadlines set out in these articles will take place after the end of the delegation.
CHAPTER III. - Relations between Eurojust and the Public Prosecutor's Office
Art. 7. § 1er. Within the framework of the objectives and competencies set out in Articles 3 and 4 of the Council's decision of 28 February 2002, Eurojust, acting either as a college or through the Belgian member, may apply to the Federal Prosecutor for:
1° undertake an investigation or prosecution of specific facts;
2° accept that a competent authority of another Member State may be better placed to undertake an investigation or prosecution of specific facts;
3° to coordinate between the competent authorities of the member States concerned;
4° establish a joint investigation team in accordance with the relevant cooperation instruments;
5° provide any information necessary to carry out its tasks.
§ 2. When receiving a Eurojust application referred to in § 1er, the Federal Prosecutor shall transmit it to the Crown Prosecutor if the Crown is already seized of the case or, in the cases provided for in sections 479 et seq. of the Code of Criminal Investigation, to the Attorney General if the Crown is already seized, or treats it itself if it is already seized.
If no member of the Belgian Public Prosecutor's Office, other than the Belgian member of Eurojust, has previously exercised his or her jurisdiction in the case, the Federal Prosecutor determines who, from the King's Prosecutor or, in the cases provided for in Articles 479 et seq. of the Code of Criminal Investigation, the Attorney General or himself, deals with the application. Unless there is a compelling emergency, the decision is made after consultation with the King's Prosecutor or the Attorney General respectively. The decision is not subject to appeal.
Art. 8. § 1er. When Eurojust submits an application under Article 7, the Belgian member of Eurojust informs the public prosecutor who has international cooperation in his duties.
§ 2. The decision to enforce a Eurojust application referred to in Article 7 is motivated and taken by the Crown Prosecutor, the Attorney General or the Federal Prosecutor who handles the application.
§ 3. The Federal Prosecutor shall inform the Minister of Justice of any refusal to execute a Eurojust application under section 7.
When the application emanates from Eurojust acting as a college, its execution can only be refused if this execution may affect essential national interests or jeopardize the conduct of ongoing investigations or the security of a person.
§ 4. Unless urgently required, the decision to execute a Eurojust application referred to in Article 7 is made after consultation between the federal prosecutor and the King's prosecutor, or, in the cases provided for in Articles 479 et seq. of the Code of Criminal Investigation, between the federal prosecutor and the Attorney General.
Art. 9. § 1er. Without prejudice to Article 28, § 3, of the decision of the Council of 28 February 2002, the Belgian member of Eurojust shall serve under the authority of the Attorney General who has international cooperation in his powers.
§ 2. The College of Attorneys General assesses, on the basis of, inter alia, the reports of the Belgian member of Eurojust and after hearing, the way in which he implements the directives of criminal policy and exercises his skills in accordance with the tasks and objectives of Eurojust. This evaluation will be incorporated in the report referred to in Article 143bis, § 7 of the Judicial Code.
To this end, the Belgian member of Eurojust transmits to the Minister of Justice, the Federal Prosecutor and the Attorney General who has international cooperation in his powers a bimonthly activity report on his activities within Eurojust.
Art. 10. The Belgian member of Eurojust informs the Federal Prosecutor of any matter that is of interest in investigations or prosecutions carried out by the Public Prosecutor in Belgium.
When it is seized of an offence involving Belgium and another Member State of the European Union, the Attorney General informs the Belgian member of Eurojust that the intervention of the latter seems appropriate. The terms of this communication are determined by a circular from the College of Attorneys General.
Art. 11. § 1er. The Federal Prosecutor may, on initiative or at the request of the Crown Prosecutor, the Labour Auditor or the Attorney General, apply for Eurojust whenever it appears appropriate.
§ 2. When necessary, the Federal Prosecutor, if necessary at the initiative of the King's Prosecutor or the competent Attorney General, asks Eurojust to correct or delete the personal data processed by Eurojust and which have been transmitted or filed by Belgium.
Any person wishing to exercise his or her right to access the personal data relating to it, registered with Eurojust, or to have it checked in accordance with Article 20 of the Council's decision of 28 February 2002 may, to that effect, make a request free of charge to the Federal Prosecutor, who promptly files Eurojust.
CHAPTER IV. - Modificative and transitional provisions
Art. 12. In Article 593 of the Code of Criminal Investigation, the words "including the Belgian member of Eurojust" are inserted between the words "the magistrates of the public prosecutor" and "the investigating judges".
Art. 13. With the exception of the designation of the national correspondent, the designations prior to the coming into force of this Act are valid for five years from 6 March 2002 and are renewable.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 June 2004.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINCX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINCX
____
Note
Documents of the House of Representatives:
51- 915 - 2003/2004:
Number 1: Bill.
No. 2: Amendment.
Number three: Report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary and transmitted to the Senate.
Full report: 29 April 2004
Documents of the Senate.
3-661 - 2003/2004:
No. 1: Project transmitted by the House of Representatives.
Number two: Report.
No. 3: Text adopted in plenary and submitted to Royal Assent Annales of the Senate: June 3, 2004.