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The Law On The Implementation Of Certain Provisions Of The Eurojust Decision

Original Language Title: Laki Eurojustia koskevan päätöksen eräiden määräysten täytäntöönpanosta

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Law on the implementation of certain provisions of the Eurojust Decision

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1
Purpose of the law

This Act provides for a decision of the Council of the European Union on the establishment of Eurojust with a view to reinforcing the fight against serious crime (2002/187/JHA), hereinafter referred to as: Eurojust Decision , the implementation of certain provisions.

ARTICLE 2
National Member

Finland shall be represented by a national member whose term of office is four years and may be renewed once. The term of office of a Member may be extended if he or she acts as President or Deputy Chairperson of Eurojust. In such cases, the term of office shall last until the end of the Presidency or the

A national member shall be appointed as a public prosecutor at the Office of the Public Prosecutor's Office. The appointment of a Member and the eligibility criteria shall apply to the appointment of a public prosecutor and the eligibility criteria.

ARTICLE 3
Responsibilities and tasks of the national member

A national member shall have the law of (439/2011) § 7 Within the field of competence of Eurojust. The Member shall be competent to exchange information with the European Anti-Fraud Office for the purposes of Article 26 (5) of the Eurojust Decision. (13.5.2011/466)

The national member shall, without delay, inform the competent authority of any information that has come to its attention which is or may be related to the criminal case under consideration in Finland. He shall also immediately forward to the competent authority a request for judicial cooperation in criminal matters received from a foreign country.

The national member may, at the request or with the consent of the competent authority:

(1) refer the criminal case to Eurojust;

2) to make a request to the State for judicial cooperation in criminal matters;

(3) decide on the implementation in Finland of a request for judicial cooperation in criminal matters falling within the competence of the investigating authority or the prosecutor;

(4) decide on the conduct of a pre-trial investigation procedure deemed necessary by Eurojust in Finland; and

(5) decide whether or not to grant a regulated gas station or its coordination in Finland.

A national member may decide on the measure referred to in paragraph 3 (3) to (5) in an emergency situation if he does not contact the authority competent to decide on the measure. Before taking a decision, the national member shall liaise with the authority responsible for the implementation of the measure. The measure shall be notified without delay to the authority competent to decide on the measure and the power to decide whether to extend or suspend the measure shall be exercised by that authority.

The national member may use the personal data obtained by Eurojust under the jurisdiction of Eurojust, notwithstanding the provisions of confidentiality. Members shall be bound by the obligation of professional secrecy for the information received by Eurojust in accordance with Article 25 of the Eurojust Decision.

Participation of a national member in the joint investigation team is governed by the Law on Joint Investigation Teams (13/2002) . The procedure for matters falling within the competence of a national member is otherwise in force, which has been specifically agreed or provided for.

§ 4
Substitute

The national member shall have at least one alternate. The alternate shall fulfil the eligibility criteria of the national member. Where appropriate, the alternate member shall deputigate. The term of office of the alternate shall be four years and may be renewed. The State Prosecutor's Office shall appoint an alternate.

The alternate shall have the powers provided for in Article 3 when he is deputising for the national member.

§ 5
Assistant to the national member

The national member shall have at least one assistant. Where appropriate, the national member who meets the national eligibility criteria shall be replaced by a national member. The term of office of the assistant shall be four years and may be renewed. The National Public Prosecutor's Office will appoint an assistant.

The assistant shall have the powers provided for in Article 3 when he is deputising for the national member.

ARTICLE 6
Finnish representative for the Joint Supervisory Body of Eurojust

The Ministry of Justice shall appoint a representative of Finland to the Joint Supervisory Body established pursuant to Article 23 of the Eurojust Decision.

§ 7
National contact persons

The National Public Prosecutor's Office shall designate one or more of the national contact points referred to in Article 12 (1) of the Eurojust Decision.

§ 8
Access to the Case Management System by the national correspondators

The national liaison officers referred to in Article 12 (2) (a) to (d) of the Eurojust Decision may use the register of the Case Management System of Eurojust where necessary for the performance of their duties.

In accordance with Article 16b (2) of the Eurojust Decision, the national member shall decide on the access of the liaison officers referred to in paragraph 1 to the ad hoc databases of the Eurojust Case Management System. A prerequisite for access is that it is necessary to carry out the tasks of the contact person.

§ 9
Transmission of information to the national member

The authority responsible for processing the criminal case shall submit to the national member the Council Decision on the exchange of information and cooperation referred to in Article 13 (5) to (7) and (10) of the Eurojust Decision on the exchange of information and cooperation on terrorist offences In addition to the information referred to in Article 2, any other information necessary for the performance of Eurojust's tasks.

ARTICLE 10
Extradition of personal data to Eurojust

At the request of Eurojust, Eurojust may, at its request, disclose the information necessary for the performance of the functions of the criminal record and other legal persons' registers under the same conditions as the prosecutor's office.

The transmission of information to Eurojust by the police, the Border Guard and the Customs Offices of Customs is governed by the law on the processing of personal data (761/2003) Article 29 Of the Law on the processing of personal data in border guards (1920/2005) § 38 of the Law on the processing of personal data (639/2015) § 26 And the law on public authorities Article 30 of the ec Treaty . (22/05/2015)

The controller shall determine the transmission of the information referred to in paragraphs 1 and 2. The information shall be handed over to Eurojust via a national member.

ARTICLE 11
Extradition of personal data from Eurojust to a third State or an international organisation

The national member may give his consent pursuant to Article 9 to the transfer of personal data to Eurojust from Eurojust to a third State or an international organisation referred to in Article 26a of the Eurojust Decision, provided that: In accordance with Finnish law, shall be transferred to the foreign State or international organisation concerned. Before giving consent, the Member shall, where appropriate, negotiate extradition with the authority that has disclosed the information.

ARTICLE 12
Verification of personal data

The request for the verification of personal data processed by Eurojust shall be submitted to the Office of the Prosecutor General. The Public Prosecutor's Office shall forward the request to Eurojust without delay.

ARTICLE 13
Entry into force

This Act shall enter into force on 4 June 2011.

This law repeals the Act on the implementation of certain provisions of the Eurojust Decision (1012/2008) .

THEY 18/2010 , LaVM 10/2010, EV 85/2010, Council Decision 2009 /426/JHA (32009D0426); OJ L 138, 4.6.2009, p. 14-32

Entry into force and application of amending acts:

13.5.2011/466:

This Act shall enter into force on 1 January 2012.

THEY 286/2010 , LaVM 34/2010, EV 311/2010

22.5.2015/648:

This Act shall enter into force on 1 June 2015.

THEY 351/2014 , HaVM 54/2014, EV 341/2014