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What it is

How Spain appoints its Eurojust A European Union body that helps coordinate criminal investigations and prosecutions across several member states. representative and cooperates

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 13 May 2005. Introduced by: Gobierno.

Official title: Government bill regulating the statute of the national member of Eurojust and relations with this European Union body.

Follow this law

Source: Congreso de los Diputados, file 121/000040· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law creates the role of the national member of Eurojust, who represents Spain in this European Union body. The Council of Ministers appoints this person, on the proposal of the Minister of Justice, from judges or prosecutors with at least ten years of service and criminal law experience. The term lasts three years and can be renewed once.
  2. The role ends when the term expires, on resignation, on leaving the judicial or prosecutorial career, or by removal at will. The national member must submit a yearly report to the Ministry of Justice and may be called to brief the Justice and Interior Committees of the Congress of Deputies and the Senate.
  3. The Council of Ministers may appoint assistants to the national member, who can substitute for them when needed. The Minister of Justice also designates national correspondents, one of them for terrorism matters, who act as contact points and pass information to Eurojust.
  4. The national member can receive and send mutual legal assistance requests between Spain and other EU states, and can correct or split requests so they are processed quickly and correctly. They can also access records such as the criminal records central register, the Schengen Information System, and information from the security forces, under the same conditions as judges and prosecutors.
  5. Judges, prosecutors, and public entities must cooperate with Eurojust; ignoring its requests can lead to disciplinary sanctions. Eurojust can ask that an investigation be opened in Spain, and authorities that reject a request must give reasons. The law also sets out when Spain can take over a criminal case referred by another member state.
  6. The law also covers liaison judges, who promote legal cooperation between Spain and the country where they are posted, and European judicial networks, whose contact points are designated by the Ministry of Justice. All of them keep the pay system of their original career body.

Who it affects

  • Judges and prosecutors: They can be appointed as national members, assistants, correspondents, or liaison judges, and must cooperate with Eurojust.
  • Courts and the Public Prosecutor's Office: They must comply with Eurojust requests and can ask for its involvement.
  • Ministry of Justice and Government: They appoint the national member, assistants, and correspondents, and designate contact points for the judicial networks.
  • Congress of Deputies and Senate: They can ask the national member to report on their activity after receiving the annual report.

Words worth knowing

Eurojust
A European Union body that helps coordinate criminal investigations and prosecutions across several member states.
Asistencia judicial (mutual legal assistance)
A request a judge or prosecutor sends to another country asking for help in a case, for example gathering evidence.
Magistrado de enlace (liaison judge)
A judge posted abroad who makes legal cooperation between Spain and the host country easier.
Red judicial europea (European judicial network)
A network of contact points that helps judges and prosecutors find the right authority in another country.
Real decreto del Consejo de Ministros (Royal Decree of the Council of Ministers)
A rule approved by the Government as a whole, used here to appoint or remove these officials.

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. Introduced13 May 2005Someone registers the text in the Congreso.
  2. Admitted17 May 2005The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments20 May 2005Groups propose changes.
  4. Committee14 September 2005A committee goes through the text in detail.
  5. Plenary20 December 2005All 350 deputies vote.
  6. Senate16 February 2006The Senate can pass it, amend it or veto it.
  7. BOE11 May 2006It is published in the Official State Gazette (BOE) and comes into force.
See the 10 official steps on a timeline
Jun 2005Sept 2005Dec 2005Mar 200611. 13 May 2005: Presentación22. 17 May 2005: Comisión de Justicia Publicación desde 17/05/2005 hasta 20/05/200533. 17 May 2005: Calificación44. 20 May 2005: Comisión de Justicia Enmiendas desde 20/05/2005 hasta 14/09/200555. 14 September 2005: Comisión de Justicia Informe desde 14/09/2005 hasta 30/11/200566. 30 November 2005: Comisión de Justicia Dictamen desde 30/11/2005 hasta 20/12/200577. 20 December 2005: Pleno Aprobación desde 20/12/2005 hasta 16/02/200688. 16 February 2006: Senado desde 16/02/2006 hasta 26/04/200699. 26 April 2006: Pleno Enmiendas o veto del Senado desde 26/04/2006 hasta 11/05/20061010. 11 May 2006: Concluido - (Aprobado con modificaciones) desde 11/05/2006 hasta 20/06/2006

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

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: Act 16/2006, of May 26, regulating the Statute of the National Member of Eurojust and relations with this European Union body.

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.

Read the full method · Report an error