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Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA

article  5

CELEX:  02018R1727-20231031

Exercise of operational and other functions
1. Eurojust shall act through one or more of the national members concerned when taking any of the actions referred to in Article 4(1) or (2). Without prejudice to paragraph 2 of this Article, the College shall focus on operational issues and any other issues that are directly linked to operational matters. The College shall only be involved in administrative matters to the extent necessary to ensure that its operational functions are fulfilled.
Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA

article  5

CELEX:  02018R1727-20231031

2. Eurojust shall act as a College:
(a) when taking any of the actions referred to in Article 4(1) or (2):
(i) at the request of one or more of the national members concerned by a case dealt with by Eurojust;
(ii) where the case involves investigations or prosecutions which have repercussions at Union level or which might affect Member States other than those directly concerned;
(b) when taking any of the actions referred to in Article 4(3), (4) or (5);
(c) where a general question relating to the achievement of its operational objectives is involved;
(d) when adopting Eurojust’s annual budget, in which case the decision shall be taken by a majority of two thirds of its members;
(e) when adopting the programming document referred to in Article 15 or the annual report on Eurojust’s activities, in which cases the decision shall be taken by a majority of two thirds of its members;
(f) when electing or dismissing the President and Vice-Presidents under Article 11;
(g) when appointing the Administrative Director or, where relevant, extending his or her term of office or removing him or her from office under Article 17;
(h) when adopting working arrangements under Articles 47(3) and 52;
(i) when adopting rules for the prevention and management of conflicts of interest in respect of its members, including in relation to their declaration of interests;
(j) when adopting reports, policy papers, guidelines for the benefit of national authorities and opinions pertaining to the operational work of Eurojust, whenever those documents are of a strategic nature;
(k) when appointing liaison magistrates in accordance with Article 53;
(l) when taking any decision which is not expressly attributed to the Executive Board by this Regulation or which is not under the responsibility of the Administrative Director in accordance with Article 18;
(m) when otherwise provided for in this Regulation.
Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA

article  5

CELEX:  02018R1727-20231031

3. When it fulfils its tasks, Eurojust shall indicate whether it is acting through one or more of the national members or as a College.
4. The College may assign additional administrative tasks to the Administrative Director and the Executive Board beyond those provided for in Articles 16 and 18, in accordance with its operational needs. Where exceptional circumstances so require, the College may decide to suspend temporarily the delegation of the appointing authority powers to the Administrative Director and of those powers that have been sub-delegated by the latter, and to exercise them itself or to delegate them to one of its members or to a staff member other than the Administrative Director.
5. The College shall adopt Eurojust’s rules of procedure on the basis of a two-thirds majority of its members. In the event that agreement cannot be reached by a two-thirds majority, the decision shall be taken by simple majority. Eurojust’s rules of procedure shall be approved by the Council by means of implementing acts.