The legal research library on the European Public Prosecutor's Office
= EPPO-Regulation
= Relevant iRoP and other annotations
1. Where the EPPO decides to open an investigation or exercise its right of evocation in accordance with this Regulation, the handling European Delegated Prosecutor shall open a case file.
The case file shall contain all the information and evidence available to the European Delegated Prosecutor that relates to the investigation or prosecution by the EPPO.
Once an investigation has been opened, the information from the register referred to in Article 44(4)(a) shall become part of the case file.
Article 41 | Decision to initiate an investigation or to evoke a case
– as amended by Council Decision 085/2021
1. Where, following the verification, the EPPO decides to exercise its competence by initiating an investigation or evoking a case, a case file shall be opened and it shall be assigned an identification number in the index of the case files (hereinafter the Index). A permanent link to the related registration under Article 38(1) above shall be automatically created by the Case Management System.
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Overview of CMS and EPPO case file:
2. The case file shall be managed by the handling European Delegated Prosecutor in accordance with the law of his/her Member State.
The internal rules of procedure of the EPPO may include rules on the organisation and management of the case files to the extent necessary to ensure the functioning of the EPPO as a single office. Access to the case file by suspects and accused persons as well as other persons involved in the proceedings shall be granted by the handling European Delegated Prosecutor in accordance with the national law of that Prosecutor’s Member State.
Article 43 | Rules on conducting the investigation
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3. Without prejudice to the provisions of the national law applicable to the case, the EPPO’s case files shall be organised and managed in accordance with these rules in order to ensuring the proper functioning of the EPPO as a single office. Copies of all items added to the case file shall be stored in an electronic format in the Case Management System, where possible, in accordance with Article 44(4)(c) of the Regulation.
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5. On the basis of a proposal made by the European Chief Prosecutor, the College may adopt further rules on the management and the archive of the EPPO’s case files.
3. The case management system of the EPPO shall include all information and evidence from the case file that may be stored electronically, in order to enable the Central Office to carry out its functions in accordance with this Regulation. The handling European Delegated Prosecutor shall ensure that the content of information in the case management system reflects at all times the case file, in particular that operational personal data contained in the case management system is erased or rectified whenever such data has been erased or rectified in the corresponding case file.
Article 43 | Rules on conducting the investigation
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3. Without prejudice to the provisions of the national law applicable to the case, the EPPO’s case files shall be organised and managed in accordance with these rules in order to ensuring the proper functioning of the EPPO as a single office. Copies of all items added to the case file shall be stored in an electronic format in the Case Management System, where possible, in accordance with Article 44(4)(c) of the Regulation.
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