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What it is

Adapting Spanish law to the EU agency Eurojust Agency of the European Union that coordinates cooperation between the judicial authorities of member states to investigate and prosecute serious crime.

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 8 June 2022. Introduced by: Gobierno.

Official title: Government Bill adapting the national legal order to Regulation (EU) 2018/1727 of the European Parliament and of the Council, of November 14, 2018, on Eurojust, and regulating conflicts of jurisdiction, international legal cooperation networks, and the staff dependent on the Ministry of Justice abroad.

Source: Congreso de los Diputados, file 121/000106· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law adapts the Spanish legal system to Regulation (EU) 2018/1727, which turns Eurojust into an agency of the European Union for criminal judicial cooperation, and repeals Law 16/2015, which previously regulated this area.
  2. It regulates Spain's national member at Eurojust, along with a deputy and an assistant: selection requirements (fifteen years in the judiciary or the prosecutor's office for the national member and deputy, ten for the assistant), appointment by royal decree, and grounds for removal. In urgent cases, if the competent authority cannot be reached, the national member may act directly, with limits when fundamental rights are affected.
  3. The national member, the deputy and the assistant may access public records, the Punto Neutro Judicial, the Schengen Information System, and request information from law enforcement under the same conditions as judges and prosecutors.
  4. It regulates how to resolve jurisdictional conflicts when two EU states investigate or try the same person for the same acts: direct contact between authorities, response deadlines, and criteria for deciding which state takes the case, such as the place of the acts or the suspect's residence.
  5. It regulates international judicial cooperation networks: the Ministry of Justice appoints the Spanish contact points, seeking a balanced presence of women and men, and sets the duties of their national coordinators.
  6. The Government may create positions for liaison judges and justice counselors abroad, and liaison judges posted in the European Union and in IberRed become contact points for those networks.

Who it affects

  • Judges, magistrates and prosecutors who want to become Spain's national member, deputy or assistant at Eurojust: They must pass a selection process with specific requirements.
  • Courts and the Public Prosecutor's Office: They must send contact requests and answer those from other member states when there may be a jurisdictional conflict, and cooperate with Eurojust.
  • Magistrates and prosecutors appointed as national correspondents for Eurojust: They will relay requests from the national member and support relations with Eurojust for a renewable five-year term.
  • Contact points of international judicial cooperation networks: They will facilitate cooperation between judicial authorities of different states and send annual statistics.
  • Liaison judges posted abroad: They become contact points of the European Judicial Network or IberRed.

Words worth knowing

Eurojust
Agency of the European Union that coordinates cooperation between the judicial authorities of member states to investigate and prosecute serious crime.
Conflicto de jurisdicción (jurisdictional conflict)
A situation where two or more states could try the same acts against the same person, and it must be decided which one will.
Miembro nacional (national member)
Spain's representative at Eurojust, who acts independently of the Ministry of Justice.
Magistrado de enlace (liaison judge)
A judge posted abroad to facilitate judicial cooperation between Spain and the country where they are posted.
Reconocimiento mutuo (mutual recognition)
A system under which a court decision from one EU state is enforced directly in the others.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced8 June 2022Someone registers the text in the Congreso.
  2. Admitted14 June 2022The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments17 June 2022Groups propose changes.
  4. Committee22 September 2022A committee goes through the text in detail.
  5. Plenary13 October 2022All 350 deputies vote.
  6. Senate3 November 2022The Senate can pass it, amend it or veto it.
  7. BOE13 December 2022It is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Jun 2022Jul 2022Aug 2022Sept 2022Oct 2022Nov 202211. 8 June 2022: Presentación22. 14 June 2022: Comisión de Justicia Publicación desde 14/06/2022 hasta 17/06/202233. 14 June 2022: Calificación44. 17 June 2022: Comisión de Justicia Enmiendas desde 17/06/2022 hasta 22/09/202255. 22 September 2022: Comisión de Justicia Informe desde 22/09/2022 hasta 05/10/202266. 5 October 2022: Comisión de Justicia Dictamen desde 05/10/2022 hasta 13/10/202277. 13 October 2022: Pleno Aprobación desde 13/10/2022 hasta 03/11/202288. 3 November 2022: Senado desde 03/11/2022 hasta 13/12/202299. 13 December 2022: Concluido - (Aprobado con modificaciones) desde 13/12/2022 hasta 24/01/2023

3 November 2022

How did the plenary vote?

More votes in favour 271 yes · 0 no · 70 abst.

Voted on: Vote on the report on the Government bill adapting national legislation to Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on Eurojust, and regulating conflicts of jurisdiction, international legal cooperation networks, and staff dependent on the Ministry of Justice abroad.

This law had 5 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 157 of sitting 213· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Euskal Herria Bildu, Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-gc, GPlu and Popular en el Congreso. 7 deputies voted differently from their group.

By province: in 49 most voted in favour; in 0, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 49
  • Against: 0
  • Abstained: 1
  • Tie: 2
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
12 abst. · 1 did not vote
Socialista120
119 in favour · 1 did not vote
Vasco (EAJ-PNV)6
6 in favour
Mixto11
8 in favour · 2 abst. · 1 did not vote
Ciudadanos9
9 in favour
Gcup-ec-gc33
30 in favour · 3 did not vote
GPlu12
6 in favour · 5 abst. · 1 did not vote
Popular en el Congreso88
88 in favour
VOX52
51 abst. · 1 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 29/2022, of December 21, adapting the national legal order to Regulation (EU) 2018/1727 of the European Parliament and of the Council of November 14, 2018, on Eurojust, and regulating conflicts of jurisdiction, international legal cooperation networks, and personnel dependent on the Ministry of Justice abroad.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.