Regulation (EU) 2018/1727 SECTION II — National members

Article 7–Article 9 · 3 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Status of national members

Article 7

1. Eurojust shall have one national member seconded by each Member State in accordance with its legal system. That national member shall have his or her regular place of work at the seat of Eurojust. 2. Each national member shall be assisted by one deputy and by one Assistant. In principle, the deputy and the Assistant shall have their regular place of work at the seat of Eurojust. Each Member State may decide that the deputy or Assistant or both will have their regular place of work in their Member State. If a Member State takes such a decision, it shall notify the College. If the operational needs of Eurojust so require, the College may request the Member State to assign the deputy or Assistant or both to work at the seat of Eurojust for a specified period. The Member State shall comply with such a request from the College without undue delay. 3. Additional deputies or Assistants may assist the national member and, if necessary and with the agreement of the College, may have their regular place of work at Eurojust. Member States shall notify Eurojust and the Commission of the appointment of national members, deputies and Assistants. 4. National members and deputies shall have the status of a prosecutor, a judge or a representative of a judicial authority with competences equivalent to those of a prosecutor or judge under their national law. The Member States shall grant them at least the powers referred to in this Regulation in order to be able to fulfil their tasks. 5. The terms of office of the national members and their deputies shall be five years, renewable once. In cases where a deputy is unable to act on behalf of a national member or is unable to substitute for a national member, the national member shall remain in office upon expiry of his or her term of office until the renewal of his or her term or his or her replacement, subject to the consent of their Member State. 6. Member States shall appoint national members and deputies on the basis of a proven high level of relevant, practical experience in the field of criminal justice. 7. The deputy shall be able to act on behalf of or to substitute for the national member. An Assistant may also act on behalf of or substitute for the national member if he or she has a status referred to in paragraph 4. 8. Operational information exchange between Eurojust and Member States shall take place through the national members. 9. The salaries and emoluments of the national members, deputies and Assistants shall be borne by their Member State without prejudice to Article 12. 10. Where national members, deputies and Assistants act within the framework of Eurojust’s tasks, the relevant expenditure related to those activities shall be regarded as operational expenditure.

Powers of national members

Article 8

1. The national members shall have the power to: (a) facilitate or otherwise support the issuing or execution of any request for mutual legal assistance or mutual recognition; (b) directly contact and exchange information with any competent national authority of the Member State or any other competent Union body, office or agency, including the EPPO; (c) directly contact and exchange information with any competent international authority, in accordance with the international commitments of their Member State; (d) participate in joint investigation teams including in setting them up. 2. Without prejudice to paragraph 1, Member States may grant additional powers to national members in accordance with their national law. Those Member States shall notify the Commission and the College of these powers. 3. With the agreement of the competent national authority, national members may, in accordance with their national law: (a) issue or execute any request for mutual legal assistance or mutual recognition; (b) order, request or execute investigative measures, as provided for in Directive 2014/41/EU of the European Parliament and of the Council ( 17 ) . 4. In urgent cases where it is not possible to identify or to contact the competent national authority in a timely manner, national members shall be competent to take the measures referred to in paragraph 3 in accordance with their national law, provided that they inform the competent national authority as soon as possible. 5. The national member may submit a proposal to the competent national authority to carry out the measures referred to in paragraphs 3 and 4 where the exercise of the powers referred to in paragraphs 3 and 4 by that national member would be in conflict with: (a) a Member State’s constitutional rules; or (b) fundamental aspects of that Member State’s national criminal justice system regarding: (i) the division of powers between the police, prosecutors and judges; (ii) the functional division of tasks between prosecution authorities; or (iii) the federal structure of the Member State concerned. 6. Member States shall ensure that, in cases referred to in paragraph 5, the proposal submitted by their national member is handled without undue delay by the competent national authority.

Access to national registers

Article 9

National members shall have access to, or at least be able to obtain the information contained in, the following types of registers of their Member State, in accordance with their national law: (a) criminal records; (b) registers of arrested persons; (c) investigation registers; (d) DNA registers; (e) other registers of public authorities of their Member State where such information is necessary to fulfil their tasks.

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