FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

Law 16/2006 of 26 May, which regulates the status of the national member of Eurojust and relations with this body of the European Union, incorporated into the Spanish legal order the necessary adaptations to to enable the effective implementation of Council Decision 2002/187/JHA of 28 February 2002 establishing Eurojust to strengthen the fight against serious forms of crime. In turn, this Law introduced other complementary measures, in particular those provided for in Council Decision 2005 /671/JHA of 20 September 2005 on the exchange of information and cooperation on terrorist offences.

In the field of judicial cooperation in criminal matters, Article 85 of the Treaty on the Functioning of the European Union gives Eurojust the task of supporting and strengthening coordination and cooperation between the authorities. national authorities responsible for investigating and prosecuting serious crime affecting two or more Member States which are to be pursued on the basis of common criteria. It is for the European Parliament and the Council to adopt Regulations governing the structure, operation, scope and powers of Eurojust, and therefore this Law is limited to establishing the rules necessary to implement the Decision 2009 /426/JHA of 16 December 2008 strengthening Eurojust and amending Decision 2002/187/JHA setting up Eurojust to strengthen the fight against serious forms of crime and to incorporate its content into law Spanish legal.

The Law also incorporates into Spanish law the forecasts contained in Council Framework Decision 2009 /948/JHA of 30 November on the prevention and resolution of conflicts of exercise of jurisdiction in the criminal proceedings. Given the obligation under this Law to inform the national authorities of Spain at Eurojust of possible cases where there may be a conflict of jurisdiction, this Law is considered to be, given its relationship with the national authorities, to the national authorities of Spain. It is the appropriate standard for incorporating the content of the aforementioned Framework Decision into legal order. In this respect, a system of consultation and decision is regulated between the competent authorities of the countries affected by the possible conflict of jurisdiction.

Taking into account that the amendments contained in Council Decision 2009 /426/JHA of 16 December 2008 strengthening Eurojust and amending Decision 2002/187/JHA setting up Eurojust to reinforce the the fight against serious forms of crime, affecting such nuclear aspects as the status of the national member, the composition of the Spanish delegation of Eurojust, the powers of the national member or the relationship between the delegation Spain, at Eurojust and the competent national authorities through the establishment of a a new system of national coordination, it is considered necessary to enact a new law to take account of the changes mentioned and to adapt to the new panorama of international judicial cooperation, thus overcoming the regulation contained in Law 16/2006, Council Regulation (EC) No 267/2003 of 26 May 2004 on the status of the national member of Eurojust and relations with that body of the European Union.

The main features of this law are, first and foremost, the Spanish delegation to Eurojust, which must be composed of at least one national member, a national alternate member and a national member. In the light of the above, it is necessary to ensure that the Member States of the European Union and the Member States of the European Union are in a position to take the necessary steps to ensure that the Union is in a position to act. national member. In this sense, the new figure of the national alternate member, based in The Hague and with full authority of the national member, is regulated, and the appointment of an assistant who will be able to have his place of work in Eurojust or Madrid. With regard to the status of the national member, the duration of his appointment, which becomes four years, is included as new, as is the obligation to inform the General Secretariat of the Council of the reasons for the cessation.

Secondly, the national coordination system is set up as one of the most important developments in Council Decision 2009 /426/JHA of 16 December 2008 on the strengthening of Eurojust and amending the Decision 2002/187/JHA setting up Eurojust to strengthen the fight against serious forms of crime. Proper transposition of European legislation requires the design and regulation of a system of national coordination to ensure that all information to be exchanged between the Spanish delegation at Eurojust and the national authorities It is carried out in an agile, efficient and safe manner. This is why the composition of the national coordination system, its operating system, as well as the functions of the national correspondents of Eurojust and the national coordinator as the ultimate responsibility of the system are regulated. In compliance with European legislation, the national coordination system of Eurojust is presented as the necessary mechanism for facilitating communication channels with the Spanish delegation at Eurojust, always from the point of view of the possibility of of direct communication between the competent Spanish authorities and the national member of Spain at Eurojust. This makes it necessary to amend the previous model, in order to adapt it to the regulation of the Decision and to the current panorama of international judicial cooperation, in order to improve the coordination of the different actors involved in it and to help determine the cases to be dealt with with the assistance of Eurojust or the European Judicial Network, to assist the national member in identifying the competent authorities for the enforcement of requests for judicial cooperation and to maintain close relations with the national unit of Europol, all in order to ensure in an effective manner that the system Case management receives reliable information from the competent authorities.

The Law enshrines the obligation to provide the collaboration required by Eurojust as a college through any of the members of the Spanish delegation to Eurojust. On that line it enables the national member, the national alternate member and the assistant to communicate directly with the national competent authority as the case may be, or with the national coordinator.

In this line, the Law regulates the time limits for compliance with obligations, setting a ten-day deadline for national authorities to respond to requests for action from the Member State. national of Spain at Eurojust, as well as a maximum period of one month in which to forward the information to Eurojust from the knowledge of the concurrency of the requirements which, in accordance with this Law, generate the obligation to report.

Since some duplications have been generated in the current practice and, above all, no significant progress has been made in the approximation of requests for active assistance with regard to the high number of cases in which Spain appears in the Statistics of Eurojust as a requested State, the Law regulates, in strict accordance with the provisions of the European standard, the channel of transmission of information to Eurojust, the assumptions in which such transmission is obligatory, the exceptions to the obligation and the time limit in which it is to be carried out, as well as instrumental aspects on access to the case management system by the different members of the national coordination system. It is ultimately intended to improve the transmission of information to Eurojust in order to increase its operational effectiveness by setting clear and defined obligations for national authorities.

Finally, another significant new feature is that of the national member. One of the purposes of Council Decision 2009 /426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust to strengthen the fight against serious forms of crime It is precisely to deepen the operation of Eurojust and to approximate, as far as possible, the status of the various national members, in order to ensure a minimum common denominator in terms of its powers and powers. refers. In this respect, the Law defines precisely the competences of the national member, distinguishing between those that he can exercise directly and those other than in practice and by having nature. The national authorities shall be responsible for the exercise of their powers. This distinction in the level of competence is provided for in the Decision itself for cases where granting full powers may be contrary to the constitutional order or the national criminal justice system.

By imperative of Council Decision 2008 /976/JHA of 16 December 2008 on the European Judicial Network, it is necessary to adapt to its forecasts the regulation of the judicial networks contained in the additional provision Second, Law 16/2006 to strengthen judicial cooperation between the Member States and to enable the contact points of the European Judicial Network and Eurojust to communicate directly and more effectively. The Law specifies the requirements to be designated point of contact of the international judicial cooperation networks, as well as their functions, among which the obligation to carry out annual statistics of their activity as points of contact and send them to the institution of which they are dependent, which will allow us to have a clear and documented view of the operation of the networks in Spain. The Law also expressly regulates the figure of the national coordinator of the European Judicial Network and that of the national coordinator of the Network of Joint Research Teams as partners with the secretariat of the respective networks and, as such, responsible for collecting and forwarding national statistics to those secretariats. The figure of the tool correspondent for the European Judicial Network, which should be provided and kept up to date with the information to be disseminated within the European Judicial Network, is also regulated.

On the other hand, the Law also incorporates a specific Chapter dedicated to the regulation of personnel dependent on the Ministry of Justice abroad, until now dispersed or non-existent. The increase of staff places on the outside dependent of the Ministry of Justice, as well as the diversity of their profiles, advise regularly the creation of places of liaison magistrates, councilors of legal cooperation or members of justice. The Law contains an express rating on regulatory development to determine the legal regime to be applied to such personnel abroad. It is specified that both the creation and suppression of places, as well as the legal regime applicable to staff abroad, should be accommodated in accordance with Law 2/2014 of 25 March of the Action and of the State's Foreign Service.

In short, this Law broadly follows the guidance of Law 16/2006 of 26 May, which regulates the status of the national member of Eurojust and the relations with this body of the European Union, which is now repeals, adapting the regulation of Eurojust, the networks of international judicial cooperation and the personnel under the Ministry of Justice abroad, the European legislation and the current reality of international judicial cooperation. To this end, account is taken of the plurality of competent national authorities and the need for a clear and uniform definition of the channel for the exchange of information between Eurojust and those national authorities, so that such transmission it is produced through an organized system and with full security guarantees. Finally, the rules necessary to prevent the same person from being subject to more than one criminal proceedings for the same acts in different Member States are regulated.

CHAPTER I

The status of the national member in Eurojust, the national alternate member and the assistant.

Article 1. National Member of Spain at Eurojust.

The national member will be the representative of Spain and head of the Spanish delegation to Eurojust. It shall exercise the powers conferred on it by the European Union's right, in accordance with the provisions of this Law and its usual place of work shall be at the seat of Eurojust.

Article 2. Appointment.

1. The national member of Spain in Eurojust, will be appointed by Royal Decree of the Council of Ministers, on a proposal from the Minister of Justice, between magistrates or prosecutors with at least fifteen years of service in the race, accredited experience in the criminal jurisdiction, knowledge of international legal cooperation and English language proficiency.

2. The selection of the national member will be carried out after a public call agreed by the Ministry of Justice, which will be disseminated by the General Council of the Judicial Branch and the Attorney General of the State by the respective judicial and judicial races. tax. The Minister of Justice shall communicate the name of the selected candidate to the General Council of the Judicial Branch or to the Office of the Prosecutor General of the State according to his or her career of origin, in order to give an accredited report of the age in the career, experience in criminal jurisdiction, knowledge in the field of legal cooperation or other relevant for the post to be performed, within the maximum period of ten days.

3. The Ministry of Justice shall notify the appointment and the duration of the appointment to Eurojust and the General Secretariat of the Council, through the competent body, in accordance with the provisions of Article 10 of Law No 30/1992 of 26 November 1992. Legal of Public Administrations and of the Common Administrative Procedure.

Article 3. Duration of the command and incompatibilities.

1. The national member of Spain at Eurojust shall be appointed for a period of four years, renewable only for a second term of equal duration. The time spent in the exercise of the alternate or assistant position shall not be counted in his case.

Should the national member be elected President or Vice-President of Eurojust, the duration of his or her term as a national member shall be extended to the end of the elective term.

2. The national member of Spain in Eurojust shall apply the system of incompatibilities and abstention provided for members of his/her career of provenance.

Article 4. Eesc.

1. The national member of Spain at Eurojust shall cease in his duties:

(a) By the expiration of the appointment period.

b) By resignation.

c) By separation of the judicial or tax career, according to its origin.

d) By retirement or disability.

e) By reasoned decision of the Council of Ministers.

Prior to the separation of the charge for the cause specified in paragraph e), the Minister of Justice shall inform the General Secretariat of the Council of the reasons for the cessation.

2. The eesc will be agreed by Royal Decree of the Council of Ministers, on a proposal from the Minister of Justice.

3. The Minister of Justice shall notify Eurojust and the General Secretariat of the Council through the competent body, as provided for in Article 10 of Law No 30/1992 of 26 November 1992, of the Legal System of Administrations. Public and the Common Administrative Procedure.

4. Where the eesc is due to expire on the date of appointment, the national member shall continue to perform his duties until the appointment of the new appointed member.

Article 5. Memory of activities.

1. The national member shall forward to the Minister of Justice, the President of the General Council of the Judiciary and the Attorney General of the State an annual report on the activities carried out. The government, on a proposal from the Minister of Justice, will send a copy of it to the Congress of Deputies and the Senate.

2. The national member may be called to inform the Joint Commission of the European Union of the General Courts and, where appropriate, the Justice and Home Affairs Committees of the Congress of Deputies and the Senate on the annual report, as well as on the activity performed.

Article 6. National alternate member.

1. The Council of Ministers, by means of a Royal Decree and on a proposal from the Minister of Justice, shall appoint an alternate national member who shall have his place of work at the headquarters of Eurojust and shall serve as a member of the national member. You can also act on behalf of this by delegation.

2. The functions of the national alternate member shall be those provided for in the law of the European Union regulator of Eurojust, in accordance with the provisions of this Law. It shall support the national member in the ordinary course of his duties and shall replace him in the event of absence, sickness, abstention or vacancy. The national alternate member acting as a national member shall have the same powers as the law confers on the latter.

3. The other circumstances relating to the appointment, termination, administrative situation and notification procedure to the Eurojust Unit shall be governed by the provisions of the national member of Spain at Eurojust.

Article 7. National member's assistants.

1. The Council of Ministers, by means of a Royal Decree and on a proposal from the Minister of Justice, shall appoint at least one assistant to the national member of Spain at Eurojust, who may have his place of work at the headquarters of Eurojust or in Madrid. The Royal Decree of Appointment will determine the place of work of the assistant.

If the assistant had his place of work in Madrid, his headquarters will be in the State Attorney General's Office, the General Council of the Judiciary or the Ministry of Justice, depending on his career.

If more than one assistant is appointed, only in cases where it is necessary and prior to the authorisation of the College, they may have their place of work at the headquarters of Eurojust.

2. The appointment shall be carried out after a public call between magistrates, prosecutors or judicial secretaries with at least ten years of service in the race, accredited experience in criminal jurisdiction, knowledge in legal cooperation international and English language proficiency. The General Council of the Judicial Branch, the Office of the Prosecutor General of the State or the General Secretariat of the Administration of Justice, according to the race of origin of the candidate selected by the Minister of Justice, will issue, within the maximum period of ten years days after being asked for, evidence of seniority in the career, experience in criminal jurisdiction and knowledge of legal cooperation.

3. The administrative situation, organic membership, duration of appointment, cessation and notification procedure to the Eurojust Unit of the assistants shall be governed by the provisions of the national member of Spain at Eurojust.

4. Assistants shall support the national member in the ordinary course of his/her duties, without replacement powers.

Article 8. Administrative situation and organic dependence.

The national member of Spain at Eurojust, the national alternate member and the assistants shall be subject to the administrative situation corresponding to them in accordance with the provisions of the Organic Law 6/1985, of July 1, of the Judicial, and in Law 50/1981, of December 30, for which the Organic Statute of the Fiscal Ministry is regulated, and will remain under the organic dependence of the Ministry of Justice.

CHAPTER II

Of the privileges of the national member of Spain at Eurojust

Article 9. Privileges of the national member of Spain at Eurojust.

1. The national member of Spain at Eurojust shall be entitled to receive, transmit, provide, take up and provide further information in connection with the enforcement of requests and decisions in matters of judicial cooperation, including instruments of mutual recognition, referred by the competent national authorities. Where the powers referred to in this paragraph are exercised, the competent national authority shall be informed without delay.

2. In the event of a partial or inappropriate execution of a request for judicial cooperation, the national member may ask the competent national authority to order additional measures to enable the application to be implemented.

3. The national member of Spain at Eurojust shall receive and transmit requests for legal assistance from the competent authorities of other Member States of the European Union through Eurojust. In case of urgency, the national member of Spain at Eurojust may receive requests for judicial assistance directly from the authorities of another Member State of the European Union, which shall be transmitted to the competent national authorities of immediate way.

4. The allocation to the national member of Spain in Eurojust of the above powers shall be understood in accordance with the provisions of the conventions and agreements in force as regards the designation of the national competent authorities for the reception and transmission of requests and decisions on mutual assistance, including instruments of mutual recognition.

5. Where, in the exercise of the functions conferred by this Law on the national member, external relations with third States are established, the national member shall always act with respect to the formal channels established by the law of the Union. European, international legal cooperation instruments and conventions or, where appropriate, attention to criteria of reciprocity where applicable.

6. In relation to requests for judicial assistance, the national member may correct errors, divide the application between the competent authorities and make any other changes that are necessary for his/her quick and correct processing.

7. The national member of Spain at Eurojust shall inform the contact points of the European Judicial Network of all cases which, in his opinion, may be best dealt with by that Network.

Article 10. Powers exercised by the competent national authorities on the proposal of the national member.

1. The national member may propose to the competent national authorities the exercise of the following powers, where the particular circumstances in each case make it advisable:

(a) To request and complete requests and decisions for judicial cooperation, including instruments of mutual recognition.

b) To execute applications and decisions for judicial cooperation, including instruments of mutual recognition, in Spanish territory.

c) To order in Spanish territory the investigative measures deemed necessary at a coordination meeting organised by Eurojust, to assist the competent national authorities concerned in a concrete research.

d) Authorize and coordinate the deliveries monitored on Spanish territory.

2. The proposal referred to in paragraph 1 shall not be binding on the competent national authority.

Article 11. Participation of the national member in joint investigation teams.

1. The national member may participate in the joint investigation teams of which the Spanish authorities are part, even in their creation, provided that the national authority responsible for the establishment of the Joint Team I expressly approve it.

2. In any case, the national member, the national alternate member and the assistants shall be invited to participate on behalf of Eurojust in all joint research teams which are of interest to Spain and for which funding is provided for. community.

Article 12. Access and exchange of information with the national member.

The national member of Eurojust, for the exercise of its powers, may:

(a) Access the Central Register of criminal records and other public records under the same conditions as are foreseen for the judges and courts and for the members of the Fiscal Ministry.

b) Access the Judicial Neutral Point.

c) To obtain from the Security Forces and Corps or the Customs Surveillance Authority any information necessary for the performance of their duties, under the same conditions as are foreseen for the judges and courts and for members of the Fiscal Ministry.

(d) Receiving information from the European Anti-Fraud Office (OLAF), as the competent Spanish authority, in the cases provided for in Community legislation.

e) Access to the Schengen Information System in the terms laid down in the Convention of 19 June 1990, implementing the Schengen Agreement of 14 June 1985, or the provisions amending it, and to other information systems in the European Union in accordance with its specific provisions.

f) Access the centralized information collected by the European Judicial Network.

Article 13. Operation of the temporary work files and index.

1. The national member shall open a temporary work file for each case in respect of which information is transmitted, provided that the transmission is in accordance with this Law and with Council Decision 2009 /426/JHA of 16 December 2008 Eurojust is strengthened and Decision 2002/187/JHA is amended, establishing Eurojust to strengthen the fight against serious forms of crime, or with the instruments referred to in Council Decision 2005 /671/JHA of 20 September 2000. on the exchange of information and cooperation on terrorist offences. The national member shall be responsible for the management of the temporary work files that he has opened.

2. The national member shall decide, when he has opened a temporary work file and taking into account each particular case, whether he maintains the restriction on that file or gives access to it, or parts of it, where necessary, so that Eurojust may carry out its tasks, the other national members or the authorised staff of Eurojust.

3. The national member shall decide, when he has opened a temporary work file, that information about the file shall be entered in the index.

4. The national member must allow access to that file to the data protection officer and inform him of the opening of each new temporary work file containing personal data.

Article 14. Data protection.

1. The transmission of personal data resulting from the exercise of the privileges conferred on the national member of Eurojust shall be governed by the rules applicable to it, depending on the nature of the file in question.

2. The national member of Eurojust may access personal data on the same terms as the judges and courts and the members of the Prosecutor's Office.

3. They may only have access to the personal data held by Eurojust for the achievement of its objectives and within the limits laid down in this Law, the national member, his alternate and assistants and the persons referred to therein. Article 18.1, provided that they are connected to the case management system in accordance with Article 20.2.

CHAPTER III

From national correspondents and the national coordination system of Eurojust

Article 15. National correspondents of Eurojust.

1. The Minister of Justice, prior to the authorization of the General Council of the Judiciary or the Office of the Prosecutor General of the State, according to the body of the person selected, shall appoint one or more national correspondents by Order of Eurojust, between magistrates or prosecutors.

In any event, a national correspondent for terrorism matters shall be appointed, whose appointment shall be carried out by the same procedure as described in the preceding paragraph, between magistrates or prosecutors providing services in the National Hearing.

2. These designations shall be carried out for a period of four years, renewable, and shall be notified to the Eurojust Unit through the competent body, pursuant to Article 10 of Law No 30/1992 of 26 November 1992, of the Legal Regime of the Public administrations and the Common Administrative Procedure.

3. The designation as a national correspondent of Eurojust shall not alter the administrative situation of the designated person, nor shall it entail the provision of a job or destination other than that which he/she is carrying out.

4. Where only a national correspondent of Eurojust has been appointed, he shall assume the duties of national coordinator provided for in this Law. In the case of a number of national correspondents, the Minister of Justice shall determine, by Order, which of them shall be the status of a national coordinator.

5. National correspondents, since their appointment, will acquire the contact point condition of the European Judicial Network, which they will lose when they cease to perform their duties.

Article 16. Duties of national correspondents of Eurojust.

1. Whenever the national member so requests, the national correspondents of Eurojust shall transmit to the judicial or judicial bodies the requests made in the performance of their duties. They shall also provide the national member with the technical support necessary for the compliance of these members.

2. National correspondents shall provide the necessary assistance to the competent national authorities in their relations with Eurojust.

3. Relations between the national member and national correspondents do not exclude direct relations between the national member and the competent national authorities.

Article 17. Functions of the national correspondent for terrorism matters.

The national correspondent for terrorism matters shall exercise the functions provided for in the European Union's right. To this end, the correspondent shall have access to the information, which he shall transmit to Eurojust, concerning the existence of any investigation or judicial procedure for terrorist offences and at least:

(a) The identification of persons or entities subject to such investigations.

(b) Acts under investigation or prosecution and their specific circumstances.

c) The relationship with other relevant cases of terrorism offences.

d) any action taken in the field of international legal cooperation to be carried out in relation to those activities, as well as to their outcome.

Article 18. National coordination system of Eurojust.

1. The national coordination system of Eurojust shall be composed of:

(a) The national coordinator of Eurojust and, where appropriate, the national correspondents of Eurojust.

b) The national correspondent for terrorism matters.

(c) The national coordinator of the European Judicial Network and two contact points of the European Judicial Network, belonging to each of the other institutions that do not perform the functions of national coordinator.

(d) A point of contact which shall be designated by each of the networks of joint research teams and networks established in accordance with Council Decision 2002/494/JHA of 13 June 2002 on the establishment of a European network of contact points in relation to persons responsible for genocide, crimes against humanity and war crimes, Council Decision 2007 /845/JHA of 6 December 2007 on cooperation between the bodies of the recovery of assets of the Member States in the field of monitoring and identification of products of the offence or other property related to the offence and Council Decision 2008 /852/JHA of 24 October 2008 on a network of contact points against corruption.

e) A point of contact for other existing cooperation networks.

2. The Ministry of Justice shall provide the means necessary to ensure the functioning of the national coordination system of Eurojust.

3. The members of the national coordination system shall meet at least every six months and, in any event, provided that the management of a specific case so requires, upon convocation by the national coordinator. The national member shall be informed of the calls and may attend the meetings where appropriate. In addition to the plenary meetings, sectoral meetings may be convened when the issues to be addressed do not affect all networks represented in the system.

4. Where it is deemed necessary, in the light of the matter to be dealt with, the national coordinator may convene the national unit of Europol and representatives of the State Security Forces and Bodies or the Supervisory Directorate Customs.

5. The functioning of the national coordination system shall not replace or hinder direct contact between the competent authorities provided for in the instruments of international legal cooperation, nor shall it exclude direct relations between the national member and the competent national authorities.

Article 19. Duties of the national coordinator of Eurojust.

1. The national coordinator shall be responsible for the functioning of the national coordination system of Eurojust and may act on its own initiative or at the request of the national member or the competent national authorities.

2. The national coordinator shall provide, within the Spanish territory, the performance of the tasks of Eurojust and in particular:

a) Ensure that the case management system receives the required information effectively and reliably.

b) Help determine the cases to be dealt with by Eurojust or the European Judicial Network.

(c) Assist the national member in identifying the competent authorities for the enforcement of judicial cooperation requests and decisions, including those concerning instruments of mutual recognition.

d) Maintain close relations with the national unit of Europol.

3. For the performance of his duties, the national coordinator shall be connected to the case management system, as set out in Article 20.

Article 20. Access to the case management system at the national level.

1. The persons referred to in points (a), (b), (c), (d) and (e) of Article 18.1, in so far as they are connected to the case management system, may only have access to:

(a) The index, unless the national member who has entered the data expressly disclaims it.

b) Temporary work files opened or managed by the Spanish national member.

(c) Temporary work files opened or managed by national members of other Member States and to which the Spanish national member has been granted access, unless the national member who opened or manages such work file has explicitly denied access.

2. The national member, subject to the restrictions imposed in the preceding paragraphs, shall decide on the extent of access to temporary work files.

3. The Ministry of Justice shall, after consulting the national member, decide on the extent of access to the index and shall notify Eurojust and the General Secretariat of the Council of the decision. However, the persons referred to in paragraph 1 shall at least have access to the index, to the extent necessary to access the temporary work files which may have been granted access to them.

CHAPTER IV

Relations between Eurojust and the Spanish authorities

Article 21. Duty of collaboration.

1. Judges and courts, members of the Prosecutor's Office and all persons and public entities are required to provide the collaboration required by Eurojust, collegiately or through the national member of Spain in Eurojust, of the member national alternate or assistant, as well as national correspondents, within the framework of their respective powers and in accordance with the provisions of the laws.

2. Where appropriate, the refusal to provide the appropriate cooperation may be a disciplinary liability, at the end of which the national member may bring the facts to the attention of the competent bodies of the General Council of the Judiciary or of the State Attorney General, as the case may be.

Article 22. Actions at the request of Eurojust.

1. The national member of Spain at Eurojust, the national alternate member or the assistants shall communicate directly with the national coordinator or, within the framework of their respective powers, with the competent national authority he or she knows of subject. The Office of the Prosecutor General of the State shall be competent to receive applications where they relate to the initiation of an investigation or a criminal action on specific facts, or where they relate to the recognition that the The authorities of a Member State are in a better position to carry out an investigation or legal action on specific facts. Upon receipt of an application, the Attorney General of the State shall decide on his or her provenance and shall, where appropriate, provide the appropriate instructions for the Prosecutor's Office to take any action that is relevant.

2. The competent authorities which receive an application for action at the request of the national member of Spain at Eurojust shall communicate their decision within 10 days. If, by the nature of the application, no reply can be given within that period, they shall notify without delay the reasons for the delay or, where appropriate, those for which it will not be possible to access the request. Where it is not possible to give reasons for refusal to grant an application because doing so would harm fundamental national security interests or would jeopardise the proper conduct of ongoing investigations or the security of the persons, the competent authorities may give reasons based on such circumstances.

Where the data provided by the request of Eurojust is not sufficient to resolve, the competent authorities may request the national member to complete the information or to provide the documents resulting from it. required.

Article 23. Request for assistance from Eurojust.

The judges and magistrates, the members of the Prosecutor's Office and the Ministry of Justice may directly request the intervention of Eurojust within the framework of their respective powers.

The provisions of this Article are also applicable to cases where investigations or proceedings concern a third State with which Eurojust has concluded a cooperation agreement as well as those affecting the Member States. interests of the European Union.

The national member of Eurojust shall communicate to the Prosecutor General of the State any information he has and which may be of interest to the investigations or criminal proceedings that may be carried out by the Spanish jurisdiction, or for coordination with those developed in another Member State of the European Union.

Article 24. Transmission of information to Eurojust.

1. The competent authorities shall, in the framework of the powers conferred on them by law, transmit to the national member of Spain the information referred to in this Article. This communication will be carried out through the Office of the Prosecutor General of the State for immediate and direct transmission to the national member. The communication may also be made directly to the national member, informing the Office of the Prosecutor General of the State.

2. Within a period of not more than one month from the time of knowledge of the concurrency of the reporting requirements, the competent authorities shall inform the national member of Spain at Eurojust of the existence of any investigation, proceeding or conviction liable to affect the competence of Eurojust and necessary for the fulfilment of its functions, in the form, in the cases and with the exceptions provided for in this Law. Notwithstanding the foregoing, such communication may be delayed for the time necessary to avoid compromising the outcome of the investigations.

3. This transmission of information will not be hindered by the secret nature of the criminal investigation, even if, in accordance with the provisions of the Law on Criminal Procedure, it is declared secret for the parties, and shall comply with the applicable data protection rules.

4. The transmission of information shall be construed as a request for assistance to Eurojust, only in cases where the competent authority so specifies.

5. In addition to the obligation to take account of Eurojust's requests in specific cases, the competent authorities shall inform the national member of Spain at Eurojust of any case affecting at least three Member States and for which they have been transmitted requests for judicial cooperation to at least two Member States, including those concerning instruments of mutual recognition, when any of the following conditions are met:

(a) The offence in question is punishable in Spain with a custodial sentence or a security measure of a maximum period of at least five years and is included in the following list:

1. Trafficking in human beings.

2. Children's sexual exploitation and child pornography.

3. Drug Trafficking.

4. Illicit trafficking of firearms, their parts and components and ammunition.

5. Corruption.

6. Fraud against the financial interests of the European Communities.

7. Euro Counterfeiting.

8. Money Laundering.

9. Attacks against information systems.

b) Exist material evidence that a criminal organization is involved.

(c) Exist indications that the case may present an important cross-border dimension or have an impact at the level of the European Union, or that it could affect other Member States other than those directly affected.

6. The competent national authorities shall also inform the national member of:

(a) The cases in which conflicts of jurisdiction have occurred or are likely to occur without prejudice to the provisions of Chapter V of this Law. Judges and courts and, where appropriate, prosecutors, in the event of a conflict of jurisdiction with another Member State, may apply to the national member of Eurojust who, by default of agreement between the competent national authorities concerned and the failure of the national members to agree on the way in which the conflict is resolved, call for the issuance by the College of Eurojust of a non-binding written opinion on the matter.

(b) Supervised deliveries affecting at least three States, of which at least two are Member States.

(c) Repeated difficulties or refusals for the execution of applications or decisions on judicial cooperation, including instruments of mutual recognition. The competent judicial authorities may ask the College of Eurojust for a non-binding written opinion on the matter, provided that it has not been resolved by mutual agreement between the competent national authorities or by the participation of the national members concerned.

7. The Spanish authorities responsible for the establishment of a joint investigation team shall inform Eurojust, prior to their signature, of the creation of joint teams in which the Spanish participation exists, as well as the results of the of the same subject, provided that it is viewed on matters within its competence.

8. The national member of Spain at Eurojust may exchange without prior authorisation, with other national members or with the competent Spanish authorities, any information necessary for the fulfilment of the tasks of Eurojust. In particular, the national member shall be informed, in the terms set out in paragraph 2, of any case affecting him.

9. The national member, the national alternate member, the assistants and any other member of the Spanish delegation to Eurojust, as well as national correspondents, shall be subject to the obligation of confidentiality.

10. The duty of cooperation provided for in this Article shall be without prejudice to the conditions laid down in bilateral or multilateral agreements entered into by the Spanish State and third countries, including any conditions laid down by third parties. countries regarding the use of information once provided.

Article 25. Exceptions to the obligation to transmit information.

National authorities will not be required to give information in a particular case if this implies:

a) Prejudice fundamental interests of national security,

b) or endanger people's safety.

Article 26. Structure of the transmitted information.

For the transmission of the information which is required to be transmitted to Eurojust, a form shall be provided which shall be available in electronic form, without prejudice to the obligation of the information with the transmission of the minimum data set out in the Annex to Council Decision 2009 /426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002 /187/JHA establishing Eurojust for the to strengthen the fight against serious forms of crime.

Article 27. Referral to Spain of criminal proceedings initiated in another Member State of the European Union.

1. Where a judicial authority of another Member State of the European Union has decided to carry out a procedure initiated in his country on the grounds that Spain is in a better position to know the facts, the College of Eurojust or the Member Eurojust national may urge the competent authorities to take these investigations into account. If a new procedure is to be initiated in Spain, they shall forward the application to the Office of the Prosecutor General of the State in accordance with the provisions of Article 22.

2. The extension provided for in the previous paragraph shall be possible only as long as the state of the judicial proceedings so permits.

3. Only the request may be made when the Spanish jurisdiction is competent to hear the facts referred to in the judicial proceedings which are transferred and the offence allegedly committed would not have been prescribed in accordance with Article 3 (2) of the Treaty. with Spanish law.

4. The initiation or extension of the procedure will be considered valid in Spain, the acts of instruction carried out by the State which refers to the procedure, provided that they do not contradict the fundamental principles of the legal system Spanish. In the event of a crime which is not punishable in Spain but at the request of a party, the instruction begun in the State of referral shall be considered valid without this requirement if the person entitled to make the criminal action expressly accepts the research, while interfacing the corresponding query.

Article 28. Emergency coordination cell.

1. The competent judicial authorities may refer to Eurojust, through the Emergency Coordination Cell, requests or resolutions whose implementation is urgent in one or more Member States, including on instruments of recognition mutual.

2. The contact point of the Cell shall immediately transmit the request to the representative of the Cell of the Member State in which it originates and, if the authority which transmits it explicitly requests it, to the representatives of the Cell of the Member states in whose territory the request is to be executed.

3. The representative of Spain in the Emergency Coordination Cell shall be the national member or alternate national member who, for these purposes, shall be entitled to act 24 hours a day and seven days a week. That representative shall act without delay for the implementation of the application in Spain.

Article 29. Member of the Joint Supervisory Authority.

The Director of the Spanish Data Protection Agency shall, on behalf of the Spanish State, be a member of the Joint Supervisory Authority of Eurojust for a period of three years.

The Government shall notify its appointment and termination to Eurojust and to the General Secretariat of the Council, through the competent body, in accordance with the provisions of Article 10 of Law No 30/1992 of 26 November 1992 on the Public Administrations and the Common Administrative Procedure.

CHAPTER V

From jurisdiction conflicts

Article 30. Request to contact the competent authority of another Member State on suspicion of a conflict of jurisdiction.

1. Where the judicial body which is aware of the instruction or prosecution of a criminal proceedings in Spain has sufficient evidence that, in another Member State, a criminal procedure is being dealt with, either in the form of an instruction or a prosecution, against the same person and in respect of the same facts, shall send a request for contact to the competent authority of the other Member State.

2. The Prosecutor's Office shall be competent to request the contact if it is a matter of investigation proceedings conducted before the Prosecutor's Office or of the instruction of a criminal liability procedure of minors.

3. Such a request shall not be required if other means of the existence of an eventual conflict of jurisdiction have already been reported to the competent authority that was dealing with it.

4. The contact request shall be sent within a period of 15 days after the existence of any conflict of jurisdiction in the Spanish proceedings.

5. The competent authority shall include in the contact request the following information:

(a) A detailed description of the facts and circumstances that are the subject of the criminal proceedings in Spain, or of the investigation proceedings.

b) Tipification of conduct in Spain.

(c) Data on the identity of the accused or accused and of the detention, imprisonment or precautionary measures that have been taken.

(d) Data, if applicable, of the victims of the criminal offence and protective measures that have been taken in relation to them.

e) Phase reached in the Spanish criminal proceedings, with the testimony of the judicial decisions that concretize the imputation made and the rational motives of criminality appreciated by the investigating judge, as well as, if necessary, testimony of the indictment filed by the Prosecutor's Office and the other accused parties.

(f) Contact details of the judicial authority responsible in Spain for the investigation, prosecution or prosecutor responsible for the investigations and, if appropriate, the contact point of the Judicial Network European or national member of Spain in Eurojust who can assist the judicial authorities in the exchange of information in connection with this potential conflict of jurisdiction.

(g) The Spanish competent authority may also provide additional information concerning the evidence or investigations carried out in the Spanish proceedings or the difficulties which have been raised or are likely to arise in the investigation or prosecution of the cause in Spain.

In case of not being able to provide detailed information in this section by understanding that doing so would harm the fundamental interests of national security or endanger the safety of persons, in the The terms of Article 25 shall be expressly stated in the consultation on the concurrence of these exceptions. The secrecy of the proceedings shall not affect this obligation of consultation, in accordance with Article 24 (3) of this Law.

6. Contact with the competent authority of the other Member State shall be direct, without prejudice to the possibility of obtaining the assistance of the contact points of the European Judicial Network or of the national member of Spain at Eurojust if necessary, either to facilitate direct contact between the judicial authorities involved or to know the identity of the judicial authority with which the contact is required.

7. In the event that the request for contact is made by a judicial body, it shall be agreed by a reasoned order after hearing the Prosecutor's Office and, where appropriate, the other parties concerned, for written submissions within two days of the request. terms on which the request should be made.

8. When the Prosecutor's Office is competent to request contact, the request shall be agreed by decree.

Article 31. Response to the request for contact received by the competent Spanish authority in the event of a conflict of jurisdiction.

1. The competent Spanish authority shall, by any means which leaves a written record, respond to the request for contact sent to it by the authority of another Member State in the event of a conflict of jurisdiction. Such response shall be made within a reasonable period of time indicated by that authority or, failing that, within 15 days of receipt of the request.

2. If the competent Spanish authority is unable to give an answer within the time limit laid down by law, it shall immediately inform the requesting authority of the reasons for the delay and shall indicate the foreseeable period for which it may provide the information, a time limit which in any case may not exceed one month, and if it is an urgent request, of 15 days.

3. The competent authority shall have the obligation to respond, in any event, to the request for information submitted and its reply shall contain, where appropriate, the information provided for in paragraph 5 of the previous Article, unless the interests of the competent authority (a) fundamental national security or endanger the security of persons within the meaning of Article 25, in which case the concurrence of these exceptions shall be expressly stated in the answer provided. The secrecy of the actions will not affect the obligation to answer, in the terms of Article 24.3 of this Law.

4. If the receiving authority of the consultation is not competent to respond to it, it shall forward it without delay to the authority which, if so, shall inform the national member of Spain at Eurojust and the requesting authority of this referral, providing the contact details of the competent authority.

5. If a court or tribunal is competent for its defence, it shall forward the application to the Prosecutor's Office and, where appropriate, to the other parties concerned, for written submissions within 10 days of the terms of the proceedings. the request must be answered. The judge or tribunal shall decide by order, which shall be issued within five days.

If the request for information is of an urgent nature as the defendant, accused or prosecuted, deprived of liberty, the Spanish judicial authority will give the Prosecutor's Office and the other parties personated and will resolve in the maximum period of five days from receipt of the query.

6. In the case of investigations conducted by the Prosecutor's Office or the instruction of a criminal liability procedure for minors, the Prosecutor's Office shall be responsible for answering the query.

Article 32. Decision in relation to the conflict of jurisdiction.

1. Once he has brought direct contact with the competent authority of another Member State and confirmed the parallel processing of two criminal proceedings against the same person and in respect of the same facts, the judicial body shall hear the Prosecutor's Office and other parties to the proceedings, for a common period of 10 days, on whether the two criminal proceedings in the same Member State should be substantiated and on the criteria for which the Spanish judicial authority may or may not give jurisdiction to another Member State.

2. After this hearing, the judge or tribunal shall promote the consensus with the competent authority of the other Member State and, if not achieved, may transfer the matter to Eurojust, provided that it is a matter falling within its scope of competence, through the national member of Spain. If there is no agreement between the national members of Eurojust, it may request the Spanish national member to provide a non-binding written opinion of the College of Eurojust.

3. The Spanish judicial authority shall inform the competent authority of the other Member State and the national member of Spain at Eurojust of any important procedural measures to be taken in the criminal proceedings in which the case has been raised. conflict.

4. The opinion, which shall not be binding, shall be heard from the national members or the College of Eurojust, and shall be heard again from the Prosecutor's Office and, where appropriate, from the other parties, within a period of five days. After that, the judge or tribunal shall decide, by reasoned order, whether or not the procedure before the Spanish jurisdiction shall be followed within five days.

This order shall be notified to the competent authority of the other Member State and shall be brought to the attention of Eurojust. The ordinary resources provided for in the Criminal Procedure Act may be brought against it, which shall be dealt with on a preferential basis and shall not have suspensory effect.

5. For the resolution of the conflict of jurisdiction the judge or tribunal shall take into account the following criteria:

a) habitual residence and nationality of the person.

(b) Place where most of the criminal offence or its most substantial part has been committed.

c) Jurisdiction according to whose rules the evidence has been obtained or where the evidence is most likely to be obtained.

d) The victim's interest.

e) Place where the products or effects of the crime and jurisdiction are found at the instance of which they have been insured for criminal proceedings.

f) Phase in which criminal proceedings are found in each Member State.

g) Tiification of the criminal conduct and punishment with which it is punishable in the criminal law of the different Member States involved in the conflict of jurisdiction.

6. If the investigation is carried out by the Office of the Prosecutor or the instruction of a file of criminal liability for minors, it will be resolved by decree, which must be motivated and will be communicated to the persons under investigation, to the the complainant and those who have claimed to be harmed or offended, who, in the event of disconformity, may reproduce their claims before the Judge of Instruction or before the judge of minors, respectively.

CHAPTER VI

Of international judicial cooperation networks

Article 33. Appointment and termination of contact points.

1. Within the terms set out in its rules of creation, it is up to the Ministry of Justice to designate and cease Spanish contact points for international judicial cooperation networks.

2. The designation shall be made between persons with proven experience in international legal cooperation and proficiency in the English or French language, where appropriate, and shall ensure at least the representation of the Judicial Branch, the Ministry of Public Prosecutor and the Ministry of Justice. To this end, it is up to the General Council of the Judiciary and the Attorney General of the State to propose to the Minister of Justice the appointment and termination of the contact points belonging to the respective races.

3. Where the matter so requires, the Ministry of Justice may address the Ministry of the Interior to propose the appointment of the contact points belonging to the State Security Forces and Corps. You may also contact the State Tax Administration Agency to propose the designation as a point of contact for an official of the Customs Surveillance Office.

4. The contact point condition shall cease from the moment the person ceases to perform his duties in the service of the institution which proposed his appointment. This shall be communicated to the Ministry of Justice, which shall inform the Secretariat of the Network.

Article 34. Functions of the touchpoints.

1. The contact points shall be active intermediaries intended to facilitate cooperation between the judicial authorities of different States, and shall be made available to the competent Spanish authorities, as well as to all other points providing the necessary legal and practical information to improve judicial cooperation.

2. On an annual basis, the contact points shall forward to the institution from which the statistical data relating to their activity depend. Each institution shall transmit the statistical data to the national coordinator in order to comply with the obligation laid down in Article 36 (c).

Article 35. From the national coordinator of the European Judicial Network and from the national coordinator of the Joint Research Teams Network.

The role of the national coordinator of the European Judicial Network and the national coordinator of the Joint Research Teams Network shall be held on a rotating basis for two-year periods by the General Council of the Judiciary, the Office of the Prosecutor General of the State and the Ministry of Justice in the terms agreed by those institutions.

Article 36. Duties of the national coordinator of the European Judicial Network and the national coordinator of the Joint Research Teams Network.

In addition to the functions which, in accordance with Article 34, correspond to him as a point of contact, the national coordinator of the European Judicial Network and the national coordinator of the Network of Joint Teams research, in their respective fields of competence:

(a) They shall be responsible for matters relating to the internal functioning of the Network, and shall convene at least once a year a meeting of contact points to report on matters relating to the Network.

b) The partners shall be with the Secretariat of the Network.

c) It will be responsible for collecting statistics from the different institutions and referring them in an integrated way to the Network.

d) Attend in representation of Spain to the meetings of national coordinators convened by the Network secretariats.

Article 37. From the European Judicial Network's tool correspondent.

1. The Minister of Justice shall appoint the tools correspondent of the European Judicial Network.

2. The tool correspondent shall provide and keep up to date the information to be disseminated within the European Judicial Network.

CHAPTER VII

From the Ministry of Justice's dependent staff abroad

Article 38. Appointment and termination.

1. The Government may create or delete, by means of Royal Decree and in accordance with the provisions of Article 42.6 of Law 2/2014, of 25 March, of the Action and of the State Foreign Service, places of liaison magistrates, advisers of legal cooperation, members of the judiciary or any other deemed necessary and in the destinations to be carried out, in accordance with the provisions of European Union law, international conventions or agreements agreed in terms of reciprocity. Their appointments and appointments will be made by the Minister of Justice, following a report by the Ministry of Foreign Affairs and Cooperation.

2. Royal Decree will establish the legal regime applicable to all personnel dependent on the Ministry of Justice abroad, which should also be accommodated to the provisions of the Law of Action and the State's Foreign Service.

Article 39. Acquisition of the contact point condition of the European Judicial Network.

Liaison magistrates in a Member State of the European Union shall acquire the contact point condition of the European Judicial Network and shall carry out the tasks referred to in Article 34 of this Law. Such a condition shall cease when its status as liaison magistrates ceases.

Additional disposition first. Remuneration scheme.

The national member of Eurojust, the national alternate member and the assistant or assistants referred to in Article 7, when they are assigned a place of destination at Eurojust's headquarters abroad, as well as the remaining staff dependent on the Ministry of Justice with a foreign destination, shall maintain the remuneration of their bodies of origin, to which effect the Council of Ministers shall fix the amounts of the additional remuneration and the corresponding compensation for destination abroad, according to the forecasts contained in the Royal Decree  Regulation of the European Parliament and of the Council of 13 January 1995 on the rules governing the remuneration of officials posted abroad.

This compensation will not be awarded when the place of destination of the assistant or assistants is in Spain.

Additional provision second. Communication to Eurojust and the General Secretariat of the Council.

Upon the entry into force of this Law, the Government shall communicate to Eurojust and the General Secretariat of the Council the extent of the powers that the national member may exercise at national level, as well as his capacity to act in relationship with judicial authorities of third States, in accordance with international instruments.

Additional provision third. No increase in expenditure.

The approval of this Law shall not entail an increase in personnel expenditure.

Transitional disposition. Validity of appointments.

Upon the entry into force of this Law, the current national member of Spain at Eurojust will see his term extended to the date of four years from the time of his initial appointment, in accordance with the time limits. referred to in Article 3.1. In any event, the full duration of its term of office, including the time elapsed before the entry into force of this Law, may not exceed the total period of eight years provided for in that Article.

On the other hand, the current assistant to the national member, upon the entry into force of this Law, will assume the status of a national alternate member in the terms and conditions set out in Article 6. The duration of his term of office shall be extended to the date of four years from the date of his initial appointment as assistant to the national member. In any event, the full duration of his or her term as a national alternate member, including the time served as an assistant in advance of the entry into force of this Law, may not exceed the total period of eight years provided for in that Act. Article.

The contact points of the different international cooperation networks, the national coordinator and the European Judicial Network tools correspondent, the national coordinator of the Joint Network of Joint Teams investigation, the national correspondent of Eurojust and the national correspondent of terrorism shall continue to perform their duties as long as they are not expressly relieved.

Single repeal provision. Regulatory repeal.

Law 16/2006 of 26 May, which regulates the Statute of the national member of Eurojust and relations with this body of the European Union, is hereby repealed, as well as all other provisions, of equal or lower rank, oppose the provisions of this Law.

Final disposition first. Competence title.

This Law is issued under Article 149.1.  3rd, 5th and 6th of the Constitution, which reserves the State competence in matters of international relations, Administration of Justice and procedural law, respectively.

Final disposition second. Regulatory enablement.

The Government, on the proposal of the Minister of Justice, will approve the regulatory provisions necessary for the development and implementation of this Law.

Final disposition third. Incorporation of European Union law.

This Law incorporates into Spanish law Council Framework Decision 2009 /948/JHA of 30 November 2009 on the prevention and resolution of conflicts of exercise of jurisdiction in criminal proceedings, and is adapted the legal order for Decision 2009 /426/JHA of 16 December 2008 strengthening Eurojust and amending Decision 2002/187/JHA setting up Eurojust to strengthen the fight against serious forms of crime, and to the Council Decision 2008 /976/JHA of 16 December 2008 on the European Judicial Network.

Final disposition fourth. Entry into force.

This Law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 7 July 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY