Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7624
FELIPE VI KING OF SPAIN to all that the present join together and act.
Know: that the Cortes General have approved and I come in sanction the following law.
PREAMBLE the law 16 / 2006 of 26 of mayo, by which is regulates the Statute of the member national of Eurojust and them relations with this organ of the Union European, incorporated to the ordering legal Spanish them necessary adaptations for allow the application effective of the Decision 2002 / 187 / JAI, of the Council, of 28 of February of 2002, by which is creates Eurojust for reinforce the fight against them forms serious of crime. In turn, that law introduced other complementary measures, particularly those provided for in Decision 2005/671/JHA of 20 September 2005 Council, relating to 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 entitles Eurojust function support and strengthen coordination and cooperation between national authorities to investigate and prosecute serious crime affecting two or more States members to be pursued according to common criteria. Corresponds to the European Parliament and to the Council the adoption of regulations governing the structure, operation, field of action and competences of Eurojust, so this Act is limited to establishing the necessary rules to implement Decision 2009/426/JHA of 16 December 2008 to reinforcing Eurojust and amending Decision 2002/187/JHA which created Eurojust to strengthen fight against serious forms of crime and incorporate its content into the Spanish legal system.
The law also incorporates into the Spanish legal system the provisions contained in the Decision framework 2009/948/JHA of the Council of 30 November, on the prevention and resolution of conflicts of exercise of jurisdiction in criminal proceedings. Given the obligation that this law imposes on the national authorities to inform the national member of Spain in Eurojust of the possible cases in which they have a conflict of jurisdiction, is considered that this law, given its relationship with the matter, is the proper standard to incorporate the content of the aforementioned Framework Decision to the legal system. In that sense, is regulates a system of consultations and decision between the authorities competent of those countries affected by the eventual conflict of jurisdiction.
Taking into account that the amendments contained in Decision 2009/426/JHA of the Council of 16 December 2008, that reinforcing Eurojust and amending Decision 2002/187/JHA that Eurojust was created to reinforce the fight against serious forms of crime, affecting aspects as nuclear as the status of the national Member , the composition of the delegation Spanish of Eurojust, them competencies of the member national or the relationship between the delegation Spanish in Eurojust and them authorities national competent through the establishment of a novel system of coordination national, is considered necessary enact a new law that collect them changes mentioned and is suits to the new panorama of it cooperation judicial international , surpassing thus the regulation contained in the law 16 / 2006, of 26 of mayo, by which is regulates the status of the member national of Eurojust and them relations with this organ of the Union European.
As main innovations of this law should be noted, first of all and with regard to the Spanish delegation to Eurojust, which shall be made, at least by a national Member, an alternate national Member and an Assistant, front which established Eurojust to strengthen fighting the previous Decision 2002/187/JHA of the Council of 28 February, which creates serious forms of crime that only the presence of a national Member imposed as compulsory. In that sense is regulates the new figure of the Member National alternate, with headquarters in it has and with full powers of fallback of the member national, and is configured as mandatory the appointment of an Assistant that can have its place of work in Eurojust or in Madrid. With regard to the Statute of the national Member, are included as news the duration of his appointment, which happens to be four years, as well as the obligation to inform the General Secretariat of the Council of the reasons for the termination.
Secondly, the national coordination system is configured as one of the major novelties of Decision 2009/426/JHA of the Council of 16 December 2008, that reinforcing Eurojust and amending Decision 2002/187/JHA that Eurojust was created to reinforce the fight against serious forms of crime. A proper transposition of the directive requires the design and regulation of a system of national coordination that ensures that the information to be exchanged between the Spanish delegation in Eurojust and the competent national authorities carry out agile, effective and secure way. By this is regulates the composition of the system of coordination national, his regime of operation, as well as the functions of them correspondents national of Eurojust and of the Coordinator national as responsible for last of the system. In compliance with the European regulations, the Eurojust national coordination system is presented as the mechanism necessary to facilitate communication with the delegation Spanish at Eurojust, always from the respect to the possibility of direct communication between the competent Spanish authorities and the national member of Eurojust in Spain. This requires modifying the previous model, to adapt it to the regulation of the Decision and the current landscape of international judicial cooperation, in order to improve the coordination of the various actors involved in it and help determine the cases that deal with the assistance of Eurojust and the European Judicial Network, assist the national Member to identify the competent authorities for the execution of requests for cooperation judicial and maintain close relations with the unit national of Europol, all this in order ensure of way effective that the system of management of cases receives information reliable of those authorities competent.
The law enshrines the obligation to provide collaboration requiring Eurojust as Spanish school through any members who join the delegation in Eurojust. In that line enables the national Member, the alternate national Member and the wizard to communicate directly with the national authority as the case may be, or the National Coordinator.
In that line, the law regulates them deadlines in that should give is compliance to them obligations, establishing a term of ten days for them authorities national answer to them requests of performances from of the member national of Spain in Eurojust, as well as a term maximum of a month to send it information to Eurojust since is have knowledge of the concurrency of them requirements that , according to this law, generate the obligation of reporting.
Since some duplications have been generated in the current practice and, above all, not has advanced significantly in the approximation of requests for active assistance concerning the high number 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 , them alleged in that such transmission is compulsory, the exceptions to this obligation and the term in that should carry is to out, as well as aspects instrumental relating to the access to the system of management of cases by them different members of the system of coordination national. In short, aims to enhance the transmission of information to Eurojust to increase operational effectiveness, setting clear and defined obligations for national authorities.
Finally, another significant novelty is that relating to the powers of the national member. One of the purposes of the Decision 2009/426/JHA of the Council of 16 December 2008, that reinforcing Eurojust and amending Decision 2002/187/JHA that Eurojust was created to reinforce the fight against serious forms of crime, it is just deepening the operation of Eurojust and approach, to the extent possible referred to the status of individual national members, to ensure a lowest common denominator in what their powers and skills. In that line and picking up the mandate of the Community rule, the law defines precisely the competences of the Member of national, distinguishing between those who can exercise directly and those others which in practice and having jurisdictional nature shall be exercised by the competent national authorities, on the proposal of the national member. This distinction at the level of competence is provided for in the Decision for cases that confer full powers may be contrary to the constitutional order or the national criminal justice system.
By imperative of it Decision 2008 / 976 / JAI of the Council, of 16 of December of 2008, on the network Judicial European, is makes must adapt to their forecasts it regulation of them networks judicial contained in it available additional second of the law 16 / 2006, for reinforce it cooperation judicial between them States members and allow that them points of contact of the network Judicial European and Eurojust is communicate directly and with more efficiency. Law specific requirements to be able to be designated point of contact for international judicial cooperation networks, as well as its functions, which include the obligation to annual statistics of their activity as contact points and forward them to the institution which depend on, allowing you to have a clear and documented vision of the functioning of the network in Spain. Law also expressly regulates the figure of the national coordinator of the European Judicial Network and the national coordinator of the network of equipment sets of research as partners with the Secretary of the respective networks and, as such, responsible for collect and refer to such secretariats national statistics. Is regulates also the figure of the correspondent of tools for the network Judicial European, that should facilitate and keep updated the information that should be widespread in the breast of the network Judicial European.
On the other hand, the law also includes a specific chapter dedicated to the regulation of the personnel of the Ministry of Justice abroad, regulation until now sparse or non-existent. The increase in capacity of personnel abroad of the Ministry of Justice, as well as the diversity of their profiles, advise regular expressly create jobs of liaison magistrates, legal cooperation directors or directors of Justice. The Act contains an express empowerment regulatory development to determine the legal regime to be applied to such personnel abroad. Specifies that both as suppression of squares, as well as the legal regime applicable to the personnel abroad should accommodate provisions in the law 2/2014, March 25, the action and the foreign service of the State.
In short, this law follows broadly the orientation of the law 16/2006, 26 May, which regulates the status of the Eurojust national Member and relations with this body of the European Union, which is now repealed, adapting the regulation of Eurojust, of networks of international judicial cooperation and the staff of the Ministry of Justice abroad European regulations and the current reality of international judicial cooperation. For this, is has in has the plurality of authorities national competent and it need of define of way clear and homogeneous the channel of exchange of information between Eurojust and such authorities national, so such transmission is produced through a system organized and with full guarantees of security. Finally, regulate the necessary rules to avoid that one person may be subject to more than one criminal proceedings for the same acts in various Member States.
CHAPTER I of the Statute of the Member National at Eurojust, of the Member National alternate and of the Assistant article 1. Member national of Spain in Eurojust.
The member national will be the representative of Spain and head of the delegation Spanish in Eurojust. It shall exercise the powers which attached to the right of the European Union, in accordance with the provisions of this law and their place of work will be at the headquarters of Eurojust.
Article 2. Appointment.
1. the national member of Eurojust in Spain, shall be appointed by Royal Decree of the Council of Ministers, on the proposal of the Minister of Justice, magistrates or prosecutors with at least fifteen years of service in the race, proven experience in criminal jurisdiction, knowledge in the field of international legal cooperation and mastery of the English language.
2. the selection of the national member be held prior public announcement by the Ministry of Justice, which is disseminated by the General Council of the judiciary and the Office of the Attorney-General by the respective judicial and fiscal careers. He Minister of Justice communicated the name of the candidate selected to the Council General of the to Judicial or to the Prosecutor General of the State according to its career of provenance, to the object of that is issue report accrediting of the antique in it career, experience in it jurisdiction criminal, knowledge in matter of cooperation legal u others relevant for the since to play , within a maximum period of ten days.
3. the Ministry of Justice shall notify the appointment and the duration thereof to Eurojust and the General Secretariat of the Council, through the competent authority, in accordance with the provisions of article 10 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
Article 3. Duration of the mandate and incompatibilities.
1. the member national of Spain in Eurojust will be appointed for a period of four years, renewable only by a second period of equal duration. Not be computed in your case the time that any employee in the exercise of the charge of alternate or Assistant.
Where the national Member to be elected President or Vice-President of Eurojust, the duration of its mandate as a national Member shall be extended to the end of the elective mandate.
2. it shall apply to Spain in Eurojust national Member regime of incompatibilities and abstention laid down for members of his origin career.
Article 4. Cessation.
1 Spain in Eurojust national Member shall cease to hold office: to) by expiry of the period of appointment.
(b) by resignation.
(c) by the separation of the judicial or fiscal, race according to their origin.
(d) for retirement or disability.
e) decisioned motivated the Council of Ministers.
Prior to the separation of the charge for the reason specified in paragraph e), the Minister of Justice shall inform the General Secretariat of the Council of the reasons for the termination.
2. the cease-fire will be granted by Royal Decree of the Council of Ministers, on the proposal of the Minister of Justice.
3. the Minister of Justice shall notify the EESC to Eurojust and the General Secretariat of the Council through the competent authority, pursuant to the provisions of article 10 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
4 when the cessation occurs by expiry of the period of appointment, the national Member will continue performing his duties until the takeover of the new designated member.
Article 5. Annual report of activities.
1. the national Member shall forward to the Minister of Justice, the Chairman of the General Council of the to court and the Attorney General an annual report on the activities developed. The Government, to proposal of the Minister of Justice, will send copy of the same to the Congress of them deputies and to the Senate.
2. the member national may be called for report to the Commission mixed for the Union European of them cuts General and, in his case, to them commissions of Justice and of inside of the Congress of them members and of the Senate on the report annual, as well as on the activity performed.
Article 6. Member National alternate.
1. the Council of Ministers, through Real Decree and to proposal of the Minister of Justice, shall appoint a member national alternate that will have his place of work in the headquarters of Eurojust and shall exercise the fallback of the member national. Also may act on behalf of this by delegation.
2. the functions of the Deputy National Member shall be those provided for in the law of the Union European regulator of Eurojust, in accordance with the provisions of this law. Support to the member national in the exercise ordinary of its functions and it will replace in case of absence, disease, abstention or vacancy. The Member National alternate that act as member national will hold the same powers that the law attributed to this last.
3. the other circumstances relating to the appointment, cessation, situation administrative and regime of notification to the unit Eurojust is governed by it willing for the member national of Spain in Eurojust.
Article 7. Attendees of the member national.
1. the Council of Ministers, through Real Decree and to proposal of the Minister of Justice, shall appoint at least one Assistant of the member national of Spain in Eurojust, that may have his place of work in the headquarters of Eurojust or in Madrid. The Royal Decree of appointment will determine the place of work of the Assistant.
If the wizard had their place of work in Madrid, its headquarters will be in the General State Prosecutor's Office, the General Council of the judiciary or the Ministry of Justice, according to his origin career.
If is appoint more than one Assistant, only in those cases in that is required and prior authorization of the College, may have his place of work in the headquarters of Eurojust.
2. the appointment is take to out prior call public between judges, fiscal or Secretaries judicial with, at least, ten years of service in the career, accredited experience in the jurisdiction criminal, knowledge in cooperation legal international and domain of the language English. He Council General of the power Judicial, it Prosecutor General of the State or the Secretariat General of the administration of Justice, according to it career of origin of the candidate selected by the Minister of Justice, issued, in the term maximum of ten days since les out requested, report accrediting of it antique in it career, experience in it jurisdiction criminal and knowledge in matter of cooperation legal.
3. the administrative situation, organic assignment, duration of the appointment, dismissal and regime of notification to the Eurojust unit of attendees shall be governed by the provisions for Spain in Eurojust national member.
4. those assistants will support to the member national in the exercise ordinary of their functions, without powers of substitution.
Article 8. Situation administrative and dependence on organic.
Spain in Eurojust national Member, the alternate national Member, and attendees will be the administrative situation that corresponds them in accordance with the provisions of the organic law 6/1985, of 1 July, the judiciary, and in law 50/1981, of 30 December, which regulates the Organic Statute of the public prosecutor , and will be under the dependency organic of the Ministry of Justice.
CHAPTER II of the attributions of the national member of Eurojust article 9 in Spain. Responsibilities of the national member of Eurojust in Spain.
1. the member national of Spain in Eurojust will be entitled to receive, transmit, provide, give course and provide information complementary in relation to the execution of them requests and resolutions in matter of cooperation judicial, including them instruments of recognition mutual, referred by them authorities national competent. When to exercise the powers referred to in this paragraph, it shall inform without delay the competent national authority.
2. in case of execution partial or inadequate of a request of cooperation judicial, the member national may request to the authority national competent that order measures complementary, in order give full execution to the request.
3. the member national of Spain in Eurojust will receive and transmit them requests of assistance judicial formulated by the authorities competent of others States members of the Union European through Eurojust. In case of urgency, the member national of Spain in Eurojust may receive requests of assistance judicial directly of them authorities of another State member of the Union European, that shall transmit to the authorities national competent of way immediate.
4. the attribution to the national member of Eurojust of the former faculties in Spain means in accordance with conventions and agreements regarding the designation of competent national authorities for the receipt and transmission of requests and resolutions of legal assistance, including the instruments of mutual recognition.
5 when in the exercise of the functions conferred by this law to the national Member is engage external relations with third States, the national Member shall act always with respect to formal channels established by the law of the European Union, instruments and international legal cooperation agreements or, where appropriate, in accordance with criteria of reciprocity when they apply.
6. in relation to them requests of help judicial, the member national may correct errors, divide the application between them authorities competent and perform any other modifications that are necessary for your quick and correct processing.
7. the national member of Eurojust in Spain shall inform the contact points of the European Judicial Network of all those cases which, in its opinion, may be treated better by the network.
Article 10. Powers exercised by the authorities national competent to proposal of the member national.
1 the national Member may propose to the competent national authorities exercise the following powers, on the assumption that the particular circumstances that apply in each case made it advisable: to) issuing and completing requests and decisions of judicial cooperation, including mutual recognition instruments.
(b) run in territory Spanish the requests and decisions of cooperation judicial, including the instruments of recognition mutual.
(c) ordering in territory Spanish them measures of research that is considered necessary in a meeting of coordination organized by Eurojust, to provide assistance to them authorities national competent interested in a research concrete.
(d) authorizing and coordinating the deliveries monitored in territory Spanish.
2. the proposal that is concerns the paragraph 1 not will have character binding for the authority national competent.
Article 11. Participation of the member national in equipment sets of research.
1. the Member National can participate in them equipment joint of research of which form part authorities Spanish, even in its creation, provided the authority national competent for the Constitution of the team set of research it approve expressly.
2. in any case, the national Member, the alternate national Member, and attendees will be invited to participate on behalf of Eurojust in all joint research teams that interest to Spain and for which Community funding is expected.
Article 12. Access and exchange of information with the member national.
(He member national of Eurojust, for the exercise of its powers, may: to) access to the register central of background criminal and others records public in them same conditions that is expected for them judges and courts and for them members of the Ministry Fiscal.
(b) access to the point neutral court.
(c) collect of them forces and bodies of security or of it address Deputy of surveillance Customs any information required for the compliance of their functions, in the same conditions that is expected for them judges and courts and for them members of the Ministry Fiscal.
(d) receive information from the European Office of fight against fraud (OLAF), as authority Spanish competent, in the cases provided for in the Community rules.
(e) access to the Schengen information system in the terms established in the Convention of 19 June 1990, in implementation of the Schengen agreement of 14 June 1985, or provisions for amending, as well as to other information systems of the European Union in accordance with its specific provisions.
(f) access to the information centrally collected by the network Judicial European.
Article 13. Operation of the files temporary of work and the index.
1. the national Member will open a temporary file of work for each case regarding which information is transmitted him, provided that the transmission is compliant with this Act and the Decision 2009/426/JHA of the Council of 16 December 2008 to reinforcing Eurojust and amending Decision 2002/187/JHA, which created Eurojust to reinforce the fight against serious forms of crime , or with the instruments referred to in Decision 2005/671/JHA of the Council of 20 September 2005, on the exchange of information and cooperation concerning terrorist offences. The national Member shall be responsible for the management of temporary files of work that have opened.
2. the national Member shall decide, when it has opened a temporary work file and taking into account each particular case, if you maintain the restriction on this file or if it gives access to the same, or parts thereof, where necessary, so that Eurojust can perform their tasks, the other national members or to authorised Eurojust staff.
3. the national Member shall decide, when it opened a temporary work file, information about the file is inserted in the index.
4. the member national shall allow the access to that file to the responsible of the protection of data and you will inform of the opening of each new file temporary of work that contains data personal.
Article 14. Protection of data.
1. the transmission of data personal that is consequence of the exercise of them powers conferred to the member national of Eurojust is governed by the normative that le is applicable, depending on the nature of the file in question.
2. the national member of Eurojust may access data of a personal nature in the same conditions as judges and courts and members of the public prosecutor's Office.
3. only they may have access to personal data that is held by Eurojust for the realization of its objectives and within the limits laid down in this law, the national Member, his Deputy and assistants and persons referred to in article 18.1, whenever they are connected to the case management system pursuant to article 20(2).
CHAPTER III article 15 Eurojust national coordination system and national correspondents. National correspondents for Eurojust.
1. the Minister of Justice, prior authorization of the Council General of the power Judicial or the Prosecutor General of the State, according to the body of provenance of the person selected, shall appoint by order to one or several correspondents national of Eurojust, between judges or tax.
In any case, will be appointed a national correspondent to matters of terrorism, whose appointment will be held by the same procedure as described in the preceding paragraph, between judges or prosecutors serving in the High Court.
2. these designations will be made for a period of four years, renewable, and shall be notified to the Eurojust unit through the competent authority, pursuant to the provisions of article 10 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
3. the designation as correspondent national of Eurojust not will alter the situation administrative of the designated, or behave the provision of a since of work or destination different of which came playing.
4 when only has appointed a national correspondent for Eurojust, this shall assume the functions of national coordinator provided for in this Act. In the case be designated several national correspondents, the Minister of Justice shall determine, by order, which will hold the status of national coordinator.
5. them correspondents national, from his appointment, will acquire the condition of point of contact of the network Judicial European, condition that will lose when cease in the performance of their cargo.
Article 16. Functions of the correspondent national of Eurojust.
1. whenever the Member National so it requested, them correspondents national of Eurojust shall transmit to them bodies judicial or of the Ministry tax them requests made in the exercise of their functions. Of equal way, will lend to the Member National the support technical necessary for the compliance of the same.
2 national correspondents shall provide assistance to the competent national authorities in their relations with Eurojust.
3. the relations between the member national and them correspondents national not excluded the relations direct between the member national and the authorities national competent.
Article 17. Functions of the national correspondent for terrorism matters.
The national correspondent for terrorism matters shall exercise the functions provided for in the law of the European Union. (To such end, the correspondent will have access to the information, that will transmit to Eurojust, relative to the existence of any research or procedure judicial by crimes of terrorism and unless a: to) the identification of them people or entities subject to such investigations.
(b) acts subject to investigation or prosecution and their specific circumstances.
(c) the relationship with other relevant cases of terrorist offences.
(d) them any performances that in matters of cooperation legal international is have could pursue in relation to those, as well as to its result.
Article 18. System of coordination national of Eurojust.
(1. the system of coordination national of Eurojust will be integrated by: to) the Coordinator national of Eurojust and in your case, the correspondents national 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 remaining institutions that do not perform national coordinator.
(d) a point of contact who will appoint each of the networks of joint teams of research and established networks in accordance with Decision 2002/494/JHA of the Council of 13 June 2002, concerning the creation of a European network of contact points in relation to the persons responsible for genocide, crimes against humanity and war crimes , Decision 2007/845/JHA of the Council of 6 December 2007, on cooperation between the bodies of asset recovery in the Member States in the field of monitoring and the identification of the products of crime or other property related to crime and the Decision 2008/852/JHA of the Council of October 24, 2008, a network of points of contact against corruption.
(e) a point of contact of the other existing cooperation networks.
2. the Ministry of Justice shall provide the means necessary to ensure the functioning of the Eurojust national coordination system.
3. the members of the national coordination system will meet at least every six months and, in any case, whenever a specific case management requires it, prior summons of the National Coordinator. The national Member shall be informed of the calls and may attend the meetings when he so deems appropriate. In addition to plenary meetings, may be called sectoral meetings when the issues to be treated does not affect all the networks represented in the system.
4. when it is deemed necessary, depending on the material to be treated, national co-ordinator may convene national Europol unit and representatives of the State security bodies and forces or of the customs surveillance direction Assistant.
5. the functioning of the national coordination system shall not replace or impede direct contact between the competent authorities referred to in the instruments of international legal cooperation, nor exclude direct relations between the national Member and the national competent authorities.
Article 19. Functions of the national coordinator of Eurojust.
1. the National Coordinator will be responsible for the functioning of the Eurojust national coordination system and as such may act on its own initiative or or at the request of the national Member or the competent national authorities.
(2. the Coordinator national will facilitate, within the territory Spanish, the realization of the tasks of Eurojust and in particular: to) will ensure that the system of management of cases receive of form effective and reliable the information required.
(b) it will help determine the cases that is trying to Eurojust or the European Judicial Network.
(c) will help to the member national to identify the authorities competent for the execution of the requests and decisions of cooperation judicial, included them relating to them instruments of recognition mutual.
(d) will maintain close relations with the unit national of Europol.
3. for the exercise of their functions, the Coordinator national must be connected to the system of management of cases, according to what established in the article 20.
Article 20. Access to the system of management of cases to level national.
((((((1. them people mentioned in the lyrics to), b), c), d) and e) of the article 18.1, to the extent that are connected to the system of management of cases, only may have access a: to) the index, unless the Member National that has introduced the data it denied expressly.
(b) the files temporary of work open or managed by the member national Spanish.
(c) temporary work files opened or managed by national members of other Member States and the Spanish national Member has received to which access, unless the national Member who opened or manages this file has been explicitly denied access.
2. the national Member, within the restrictions imposed in the preceding paragraphs, shall decide on the extent of access to the temporary work files.
3. the Ministry of Justice, after consulting the national Member, will decide on the extent of access to the index and shall notify Eurojust and the General Secretariat of the Council decision. However, persons referred to in paragraph 1 must have access, at least at the rate, as they are required to access the temporary work files which be has been granted access.
CHAPTER IV relations between Eurojust and the Spanish authorities article 21. Duty to collaborate.
1. the judges and courts, members of the public prosecutor and all persons and public entities are obliged to provide the collaboration required by Eurojust, jointly or through the national member of Spain at Eurojust, the alternate national Member or the wizard, as well as by national correspondents, within the framework of their respective powers and in accordance with the provisions of the laws.
2. where appropriate, refusal to provide proper collaboration may be constitutive of disciplinary responsibility, for which purpose national Member may submit the matter to the attention of the competent bodies of the General Council of the judiciary or of the General State Prosecutor's Office, as the case.
Article 22. Performances at the request of Eurojust.
1. the member national of Spain in Eurojust, the Member National alternate or them assistants is shall communicate directly with the Coordinator national or, within the framework of their respective competences, with the authority national competent that know of the affair. The Prosecutor General of the State will be competent for receive them requests when is relating to the initiation of a research or is try of a performance criminal on made concrete, or when related on the recognition of that them authorities of a State Member are in best condition for carry to out a research or some performances judicial on made concrete. Received a request, the Attorney General shall decide on its provenance and will give, where appropriate, instructions to make actions that are relevant are single-mindedly by the public prosecutor's Office.
2. the competent authorities receiving a request for action at the request of the national member of Spain in Eurojust shall communicate its decision within a period of 10 days. If the nature of the application could not give reply within that period, they shall communicate the reasons of delay or, where appropriate, those that not prove possible to accede to the request without delay. When it is not possible to motivate the refusal to accede to a request, since doing so would harm essential national security interests or would jeopardize the development of research in progress, or the safety of persons, the competent authorities may give reasons based on such circumstances.
When the data provided by the request of Eurojust will not be enough to solve, the competent authorities may request the national Member complete information or provide documents that are necessary.
Article 23. Request for intervention of Eurojust.
The judges and magistrates, members of the public prosecutor's Office and the Ministry of justice within the framework of their respective powers may directly request the intervention of Eurojust.
It willing in this article is also applicable to them cases in which them research or actions affect to a third State with which Eurojust has held an agreement of cooperation, as well as to that affect to them interests of the Union European.
The national member of Eurojust shall notify the Attorney General any information that possess and which may be of interest for investigations or criminal procedures that can be developed by the Spanish jurisdiction, or their coordination with those who develop in another Member State of the European Union.
Article 24. Transmission of information to Eurojust.
1. the authorities competent, in the frame of them powers that have legally attributed, transmitted to the member national of Spain in Eurojust it information to is concerns the present article. This communication will be through the Office of the Attorney-General for immediate and direct transmission to the national member. Communication can also be made directly to the national Member, informing the Office of the Attorney-General thereof.
2. in the term maximum of a month since is have knowledge of the concurrency of them requirements that generate the obligation of inform, them authorities competent must communicate to the member national of Spain in Eurojust the existence of all research, procedure or condemns susceptible of affect materials competition of Eurojust and required for the compliance of their functions, in the form in the cases and with the exceptions provided for in this law. However the foregoing, such communication may delay by the time necessary to not compromise the outcome of the investigations.
3. This transmission of information not will come hampered by the character secret of the research criminal, even in the case in that, of conformity with it established in the law of prosecution Criminal, is declared secret for them parts, and is will adjust to the regulations applicable in matter of protection of data.
4. the transmission of information shall be interpreted as specified in request for assistance to Eurojust, only in those cases in which the competent authority as well.
5. in addition to the obligation of meet them requests of Eurojust in cases concrete, them authorities competent inform to the member national of Spain in Eurojust of any case affect at least to three States members and for which is have transmitted requests of cooperation judicial unless to two States members, included them relating to instruments of recognition mutual (when is of any of the following conditions: to) the crime concerned Spain is punished with deprivation of liberty or security of a maximum period of at least five years and is included in the following list: 1 human trafficking.
2. sexual exploitation of children and child pornography.
3rd drug trafficking.
4th illicit trafficking of firearms, their parts and components and ammunition.
6 fraud against those interests financial of the communities European.
7th counterfeiting of the euro.
8th money laundering of money.
9th attacks against information systems.
(b) there is material evidence that a criminal organisation is involved.
(c) there is evidence that the case may present an important cross-border dimension or repercussions at the level of the European Union, or which may affect other Member States other than those directly affected.
6 Similarly, the competent national authorities shall inform the national member of: to) cases that have occurred or are likely to occur of conflicts of jurisdiction without prejudice to regulated in chapter V of this law. Judges and courts, and if the tax, in case of conflict of jurisdiction with another Member State, may request the national member of Eurojust which, in the absence of agreement between the competent national authorities concerned and in default of agreement of the national members on how to resolve this conflict, urge the issuance by the Eurojust College, a non-binding on the matter written opinion.
(b) the serial monitored that affect at least to three States, of which at least two are States members.
(c) the difficulties or repeated refusals of execution of requests or decisions of judicial cooperation, including mutual recognition instruments. The competent judicial authorities may apply to the College of Eurojust a nonbinding on the matter written opinion, provided this not has been settled by mutual agreement between the competent national authorities or through the involvement of the national members concerned.
7. the competent Spanish authorities for the creation of a joint investigation team shall inform Eurojust, prior to its signature, the creation of joint teams where there is Spanish participation, as well as the results of the same, whenever see on matters within its competence.
8. the national member of Eurojust in Spain can exchange without prior authorization, with national members or the competent Spanish authorities, any information necessary for the performance of the functions of Eurojust. In particular, the national Member shall be informed, in the terms established in paragraph 2 of all event that affects you.
9. the national Member, the alternate national Member, attendees and any other Member of the Spanish delegation in Eurojust as well as national correspondents, will be subject to the obligation of confidentiality.
10. the duty of cooperation provided for in this article will be provided without prejudice to the conditions set out in the bilateral or multilateral agreements signed by the Spanish State and third countries, including any conditions set by third countries concerning the use of information once provided.
Article 25. Exceptions to the obligation to transmit information.
The national authorities shall not be obliged to provide information in a particular case if this means: a) harm essential national security interests, b) or endanger the safety of persons.
Article 26. Structure of the information transmitted.
For the transmission of information that must be forwarded to Eurojust on a mandatory basis, will be given a form which will be available in electronic format, without prejudice to having by the obligation of information transmission of the minimum specifications listed in the annex to Decision 2009/426/JHA of the Council of 16 December 2008 , by which is reinforces Eurojust and is modifies the decision 2002 / 187 / JAI, by which is creates Eurojust to strengthen the fight against them forms serious of crime.
Article 27. Referral to Spain of the actions criminal initiated in another State member of the Union European.
1. when an authority judicial of another State member of the Union European has decided move a procedure started in his country by consider that Spain is in best conditions for know of them made, the College of Eurojust or the member national of Eurojust may urge to them authorities competent to assume these investigations. They would start a new procedure in Spain, forward the request to the Attorney General of the State, in accordance with the provisions of article 22.
2. the enlargement planned in the paragraph above only will be possible while the State of the procedure judicial it allows.
3. only be accessible as requested when the Spanish jurisdiction is competent to hear the facts referred to in judicial procedure which moves and the offence allegedly committed had not prescribed in accordance with Spanish law.
4 accepted the initiation or expansion of the procedure, will be considered valid in Spain the instruction acts carried out by the State which forwards the procedure, provided that they do not contradict the fundamental principles of the Spanish legal system. In the case of a crime that was not indictable in Spain but upon request, shall be deemed valid instruction started in the State of remission without this requirement if the person who has the right to formulate criminal action expressly accepts the research carried out, at the time that the corresponding complaint filed.
Article 28. Cell of coordination of emergencies.
1. the competent judicial authorities may refer to Eurojust, through the cell of coordination of emergencies, requests or resolutions whose implementation is urgent in one or more Member States, including on instruments of mutual recognition.
2. the point of contact of the cell shall immediately transmit the application to the representative of the cell of the Member State in which originates and, if the authority which transmits it requests it explicitly, to the representatives of the States of cell member in whose territory the application is to be executed.
3. the representative of Spain on the emergency coordination cell will be the national Member or the Member National substitute that, for these purposes, will be enabled to Act 24 hours a day, seven days a week. Such representative shall act without delay for the execution of the request in Spain.
Article 29. Member of the joint supervisory authority.
The Director of the Agency Spanish of protection of data will form part, in representation of the State Spanish, of the authority common of Control of Eurojust, by a period of three years extendable.
The Government notified his appointment and dismissal to Eurojust and the General Secretariat of the Council, through the competent authority, in accordance with article 10 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
CHAPTER V of the conflicts of jurisdiction article 30. Contact request to the competent authority of another Member State at the suspicion of a conflict of jurisdiction.
1. when the Court know the instruction or the prosecution of a criminal trial in Spain to appreciate enough that evidence in another Member State, criminal proceedings, is being processed whether in phase of instruction or prosecution, against the same person and the same facts, it will send a contact request to the competent authority of the other Member State.
2. the Department of Public Prosecutions shall be competent to request the contact if they were proceedings of investigation substantiated before the public prosecutor or the statement of a procedure of criminal liability of minors.
3. not will be necessary study such application if already is had informed by others media of the existence of an eventual conflict of jurisdiction to the authority competent that it was processed.
4. the contact form will be in within fifteen days from the record in the Spanish proceedings the existence of a possible conflict of jurisdiction.
5 the competent authority shall include the following information in the contact request: to) a detailed description of the facts and circumstances that are subject to prosecution in Spain, or the proceedings of research.
(b) characterization of the conduct in Spain.
(c) data on the identity of the accused or defendant and the detention, prison or measures precautionary that they have been adopted.
(d) data, if applicable, of the victims of the criminal offence and protective measures that have been adopted in relation to the same.
e) reached phase in the Spanish criminal proceedings, testimony of judgments that materialize the allegation made and rational motives of crime appreciated by the examining magistrate, as well as, where appropriate, the letter of accusation presented by the public prosecutor's Office and by the other parties accusing testimony.
(f) contact details of the responsible judicial authority in Spain of the instruction, the prosecution or the prosecutor responsible for the proceedings of research as well as, if appropriate, of the contact point of the European Judicial Network or the national member of Spain in Eurojust which may assist the judicial authorities in the exchange of information regarding this possible conflict of jurisdiction.
(g) also the authority competent Spanish can facilitate information additional relative to them tests or proceedings of research that contained practiced in the procedure Spanish or to them difficulties that is have raised or likely that arise in the research or prosecution of the cause in Spain.
In case of not to facilitate the information detailed in this paragraph by understand that of do it is would hurt them interests fundamental of security national or is would put in danger the security of them people, in them terms planned in the article 25, is will make consist expressly in the consultation it concurrency of these exceptions. This obligation of consultation, under the terms provided in article 24.3 of this law shall not be affected by the secrecy of the proceedings.
6. the competent authority of the other Member State contact will be direct, without prejudice to the possibility to seek the assistance of the contact points of the European Judicial Network or the national member of Eurojust in Spain if it proves necessary, to facilitate direct contact between the involved judicial authorities either to know the identity of the judicial authority which is required to initiate the contact.
7. in the event that the contact request a judicial organ in the curse, this shall be given by self motivated after hearing the public prosecutor and, where appropriate, to the other parties for claims within two days on the terms in which the request must be written.
8. When is the public prosecutor's Office the competent to apply for contact, the request will be granted by Decree.
Article 31. Response to the contact request received by the authority Spanish competent in a possible conflict of jurisdiction.
1. the competent Spanish authority will respond, by any means which allow record written, to the contact request that I send you the authority of another Member State to the possible existence of a conflict of jurisdiction. Such contestation shall be within the reasonable time indicated by that authority or, failing that, within the period of fifteen days from the receipt of the request.
2. If the competent Spanish authority could not give an answer within the period provided for legally, it shall immediately inform the requesting authority of the reasons for the delay, and must indicate the foreseeable which will facilitate information, term which in any case may not exceed one month, and if it were an urgent request, fifteen days.
3. the competent authority shall respond, in any case, the signed request and its response shall contain, where appropriate, the information detailed in paragraph 5 of the preceding article, except that it would harm the fundamental national security interests or endangers the safety of persons in the terms provided for in article 25, in which case shall be expressly recorded the concurrence of these exceptions in the response provided. He secret of them performances not affect to the obligation of reply, in the terms of the article 24.3 of this law.
4. If the authority receiving of it consultation not is it competent for respond it, it will transmit without delay to the authority that itself it is, informing of this remission to the member national of Spain in Eurojust and to it authority applicant, facilitating you them data of contact of it authority competent.
5. in the event that a court is competent for your reply, this will give transfer of request to the public prosecutor, and in your case to the other parties, for allegations in writing within ten days on the terms in which must answer the request. The judge or court will resolve by car, that it shall be given within five days.
If the request for information is urgent because the accused, indicted or prosecuted, deprived of freedom, the Spanish judicial authority will give a hearing to the public prosecutor's Office and to the other parties and will resolve within a maximum period of five days from receipt of the inquiry.
6. in the case of be substantiated before the Prosecutor's Office investigation proceedings or instruction of a procedure of criminal liability of minors, the public prosecutor is responsible for answering the query.
Article 32. Decision regarding the conflict of jurisdiction.
1. once entered into direct contact with the competent authority of another Member State and confirmed the processing parallel of two prosecutions against the same person and the same facts, the Court will hear the public prosecutor's Office and other parties, for a period of ten days, about whether the conduct of both criminal proceedings in a Member State and on the criteria that concur that the Spanish judicial authority to give or not the jurisdiction to another State member.
2. After this hearing, the judge or court will promote consensus with the competent authority of the other Member State, and if not achieved, it may transfer the matter to Eurojust, provided that in the case of a substance included in their sphere of competence, through the national Member for Spain. If no had agreement not between them members national of Eurojust, may request to the member national Spanish that urge an opinion written not binding of the College of Eurojust.
3. the authority judicial Spanish will inform to the authority competent of the other State Member and to the member national of Spain in Eurojust of any measure procedural important that is adopt in the procedure criminal in which is has raised the eventual conflict.
4. received the opinion, that not will be binding, of them members national or of the College of Eurojust, is heard again to the Ministry tax and, in his case, to them others parts person, in a term of five days. After that the judge or court settle, self motivated, dictated in within five days, about the continuation or not of the procedure before the Spanish courts.
This auto will be notified to the authority competent for the another State Member and is put in knowledge of Eurojust. Regular resources provided for in the law of Criminal Procedure, which will be processed on a priority basis and will not have suspensive effect may be brought against it.
5 the judge for the resolution of the conflict of jurisdiction or tribunal shall take into account the following criteria: a) habitual residence and nationality of the accused.
(b) place in which most of the criminal offence or its most substantial part has been committed.
(c) jurisdiction according to whose rules are have retrieved them tests or place where is more likely that these are obtained.
(d) interest of the victim.
(e) place where are the goods or effects of crime and jurisdiction to instance which have been secured to the criminal process.
(f) phase in which are found the processes criminal unsubstantiated in each State member.
(g) classification of the penalty and criminal conduct with which this is punished in the criminal legislation of the different States involved in the conflict of jurisdiction.
6. If is were of proceedings of research sustanciadas before the Prosecutor or of the instruction of a record of responsibility criminal of minor, is will solve by Decree, that must be motivated and is communicated to them people investigated, to the complainant and to who had allegedly be handicapped u offended, who, in case of disagreement, may play their claims before the judge of instruction or before the judge of minor , respectively.
CHAPTER VI of the networks of cooperation judicial international article 33. Appointment and dismissal of the contact points.
1. inside of the terms laid down in its rules of creation, it corresponds to the Ministry of Justice appoint and dismiss Spanish contact points of international judicial cooperation networks.
2. the designation is held between people with accredited experience in cooperation legal international and domain of the language English or French, in your case, and will ensure as minimum the representation of the power Judicial, of the Ministry tax and of the Ministry of Justice. For this purpose, it corresponds to the General Council of the judiciary and to the Attorney-General propose to the Minister of justice the designation and dismissal of belonging to the respective careers contact points.
3. when required by the matter, the Ministry of Justice may communicate to the Ministry of the Interior in order to propose the appointment of contact points belonging to the State security bodies and forces. You can also go to the State tax administration agency that propose the designation as a point of contact of a civil servant belonging to the enclosed address of customs surveillance.
4. the condition of contact point shall cease from the moment in which the person leave of his duties in the service of the institution he proposed his appointment. This end will be communicated to the Ministry of Justice, who shall inform the Secretariat of the network.
Article 34. Functions of the points of contact.
1. the contact points shall be active intermediaries to facilitate cooperation between the judicial authorities of different States, and will be available to the competent Spanish authorities, as well as all the other contact points, providing the legal and practical information necessary to improve judicial cooperation.
2. on an annual basis, the contact points shall send to the institution which depend on statistics relating to its activity. Each institution shall transmit statistical data corresponding to the object's national co-ordinator to comply with the obligation contained in the letter c) article 36.
Article 35. The national coordinator of the European Judicial Network and the national coordinator of the network equipment sets for research.
The function of Coordinator national of it network Judicial European and of Coordinator national of it network of teams joint of research is will exercise of way Rotary by periods of two years by the Council General of the power Judicial, the Prosecutor General of the State and the Ministry of Justice in them terms that agree such institutions.
Article 36. Functions of the Coordinator national of the network Judicial European and of the Coordinator national of the network of equipment sets of research.
Besides the functions which, pursuant to article 34 apply to you as a point of contact, the co-ordinator of the European Judicial Network and the national coordinator of the network of equipment sets of research, in their respective spheres of competence: to) will be responsible for matters relating to the internals network, shall convene at least once a year a meeting of points of contact for matters relating to the respective network.
(b) they are partners with the Secretariat of the network.
(c) will be the responsible of collect them statistics of the different institutions and send them of way integrated to the network.
(d) will attend in representation of Spain to the meetings of coordinators national convened by the Secretaries of the networks.
Article 37. Of the correspondent of tools of the network Judicial European.
1. the Minister of Justice shall appoint to the correspondent of tools of the network Judicial European.
2 correspondent tools will facilitate and maintain updated information that should be disseminated in the bosom of the European Judicial Network.
CHAPTER VII of the personal dependent of the Ministry of Justice in the external article 38. Appointment and cessation.
1. the Government may create or delete, through Real Decree and of conformity with it established in the article 42.6 of the law 2 / 2014, of 25 of March, of the action and of the service outside of the State, squares of judges of link, counselors of cooperation legal, counselors of Justice or any others that is consider necessary and in them destinations that appropriate , of conformity with it planned in the right of the Union European, those conventions international or it agreed in terms of reciprocity. Their appointments and withdrawal is carried out by the Minister of Justice, prior report of the Ministry of affairs foreign and of cooperation.
2. by Royal Decree will establish the legal regime applicable to staff dependent on the Ministry of Justice on the outside that must conform equally to what has the law of action and the foreign service of the State.
Article 39. Acquisition of the status of the contact point of the European Judicial Network.
The liaison magistrates in a Member State of the European Union will acquire the status of contact point of the European Judicial Network and shall exercise the functions referred to in article 34 of this law. This condition will cease when ceases its status as liaison magistrates.
First additional provision. Remuneration regime.
The national member of Eurojust, the alternate national Member and Assistant or assistants referred to in article 7, when they have assigned place of destination in the headquarters of Eurojust on the outside, as well as the remaining staff of the Ministry of Justice with destination abroad, will maintain the regime of remuneration of its bodies of origin, for which purpose the Council of Ministers shall complementary remuneration and compensation amounts by destination in the alien, in accordance with the forecasts contained in the Real Decree 6 / 1995, of 13 of January, by which is regulates the regime of remuneration of them officials destined in the foreign.
Not proceed this last compensation when the place of destination of the Assistant or assistants will find in Spain.
Provision additional second. Communication to Eurojust and to the Secretary General of the Council.
The entry into force of this law, the Government will communicate to Eurojust and the General Secretariat of the Council the scope of the powers which the national Member may exercise at the national level, as well as its capacity to act with regard to judicial authorities of third countries, in accordance with international instruments.
Third additional provision. No increase of expenditure.
The adoption of this law does not imply increased spending on personnel.
Transitional provision. Validity of the appointments.
The entry into force of this law, the current national member of Eurojust in Spain will see its mandate extended to date in four years from the time of his initial appointment, subject to the time limits laid down in article 3(1) are met. In any case, the full duration of their mandate, including the time elapsed prior to the entry into force of this law, may not exceed total within eight years laid down in that article.
For its part, the current Assistant to the national Member, at the entry into force of this law, will assume the condition of Member National Deputy in the terms and conditions contained in article 6. The duration of its mandate will be extended until the date they met four years from the time of his initial appointment as Assistant to the national member. In any case, the full duration of their mandate as member national Deputy, including time served as Assistant prior to the entry into force of this law, may not exceed total within eight years laid down in that article.
The contact points of the different international networks of cooperation, the National Coordinator and the correspondent for the European Judicial Network, the national coordinator of the network of equipment sets of research, the national correspondent for Eurojust and the national correspondent for terrorism will continue to perform the duties while they are not expressly relieved.
Sole repeal provision. Repeal legislation.
Is repealed the law 16 / 2006 of 26 of mayo, by which is regulates the status of the member national of Eurojust and them relations with this organ of the Union European, as well as few other provisions, of equal or lower range, is opposed to it willing in this law.
First final provision. Skill-related title.
This law will dictates to the protection of the article 149.1. 3rd, 5th and 6th of the Constitution, that book to the State the competition in matter of relations international, administration of Justice and legislation procedure, respectively.
Second final provision. Enabling regulatory.
The Government, to proposal of the Minister of Justice, approve them provisions regulations necessary for the development and application of this law.
Third final provision. Incorporation of right of the Union European.
Through this law is incorporates to the right Spanish the Decision frame 2009 / 948 / JAI of the Council, of 30 of November of 2009, on the prevention and resolution of conflicts of exercise of jurisdiction in them processes criminal, and is adapted the ordering legal to it Decision 2009 / 426 / JAI, of 16 of December of 2008, by which is reinforces Eurojust and is modifies the Decision 2002 / 187 / JAI by establishing Eurojust to reinforce the fight against serious forms of crime, and to Decision 2008/976/JHA of the Council of 16 December 2008 on the European Judicial Network.
Available to finish fourth. Entry in force.
The present law shall enter in force the day following to the of your publication in the «Bulletin official of the State».
Therefore, command to all them Spanish, particular and authorities, that observe and do save this law.
Madrid, 7 of July from 2015.
The President of the Government, MARIANO RAJOY BREY
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