Eurojust

Eurojust
Formation	February 28, 2002 (ratified) 2002 (established)
Location	The Hague, Netherlands
President	Aled Williams
Administrative Director	Klaus Ulrich Rackwitz
Website	eurojust.europa.eu

Eurojust (also spelled capitalised as EUROJUST) is an agency of the European Union (EU) dealing with judicial co-operation in criminal matters. The seat of Eurojust is in The Hague.

Its task is to stimulate and improve the co-ordination of investigations and prosecutions among the competent judicial authorities of the EU Member States when they deal with serious cross-border and organised crime. Based on the decision of the 1999 Tampere European Council, Eurojust was set up in 2002 by the Council of the European Union. The original Eurojust decision was amended in 2003 and went through a significant revision in 2009.

Eurojust is composed of 27 National Members, one from each EU Member State. The National Members are senior and experienced judges, prosecutors, or police officers of equivalent competence, who are seconded in accordance with their respective legal systems and hold permanent seats in The Hague. Some National Members are supported by Deputies, Assistants or Seconded National Experts.

The 27 National Members together form the College of Eurojust. Eurojust can act as a College, through the National Members, or through national authorities in accordance with the powers granted to each National Member by their own state. In addition to national authorities of the Member States, Eurojust also co-operates with third states, and other EU bodies, such as the European Judicial Network, Europol, and OLAF.

The Treaty on the Functioning of the European Union foresees that in order to combat crimes affecting the financial interests of the Union, the Council may establish a European Public Prosecutor’s Office from Eurojust.

History

Eurojust was established as a result of a decision that the European Council of Tampere (15–16 October 1999) made to set up a permanent judicial co-operation unit in order to improve the fight against serious crime. The Treaty of Nice amended the Treaty on the European Union to include a reference to Eurojust.

On 14 December 2000, the Council of the European Union formally established a provisional judicial co-operation Unit with the name of Pro-Eurojust to be Eurojust's forerunner. Its purpose was to be a sort of round table of prosecutors from all member states to enable concepts of Eurojust to be tried and tested. Pro-Eurojust started work on 1 March 2001 in Brussels, in the building of the Council.

The attacks of 11 September showed that terrorism was not limited to the national or regional sphere and that the fight against terrorism must be international as well: this helped in speeding up a process that was very slow because of the sensitive national issues involved. Eurojust was established in February 2002 by Council Decision 2002/187/JHA. The budget of Eurojust was released in May 2002, and the Rules of Procedure were agreed upon in June.

On 29 April 2003, Eurojust moved to its final seat, in The Hague. Shortly after its establishment, Eurojust faced the challenge of the European Union enlargement: in May 2004, ten new National Members joined the College, and two more were added in January 2007, bringing the total number to 27.

Eurojust is very active in establishing co-operation agreements allowing the exchange of judicial information and personal data. Agreements were concluded with Europol, OLAF, CEPOL, the European Judicial Training Network, UNODC, Iber-RED, Iceland, Norway, the USA, Croatia, Switzerland, and Macedonia. Liaison Prosecutors from Norway, the USA and Croatia are permanently based at Eurojust. In addition to co-operation agreements, Eurojust also maintains a network of contact points worldwide.

Since its establishment, the organisation and the tasks of Eurojust both have changed, as well as the world it operates in. This is why more powers and a revised set of rules became necessary. In July 2008, the Council approved the New Council Decision on the Strengthening of Eurojust. The purpose of this was to strengthen the operational capabilities of Eurojust, increase the exchange of information, facilitate co-operation between national authorities and Eurojust, and establish new or stronger relationships with partners and third States.

Functions

Tasks

Eurojust is not an agency with powers to investigate or prosecute crimes on its own; instead, its task is to improve the co-ordination of investigations and prosecutions between the national authorities in the Member States and to improve the co-operation between these authorities, in particular by facilitating the execution of international mutual legal assistance and the implementation of extradition requests. Eurojust supports the competent national authorities so that their investigations and prosecutions are more effective when dealing with cross-border crime.

At the request of a Member State, Eurojust may also assist investigations and prosecutions concerning that particular Member State and a non-Member State, if a co-operation agreement has been concluded or if there is an essential interest in providing such assistance.

Eurojust, acting as a College (in particularly important cases) or through the National Members:

• may ask the competent authorities of the Member States concerned, giving its reasons, to:

1. undertake an investigation or prosecution of specific acts;
2. accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;
3. coordinate between the competent authorities of the Member States concerned;
4. set up a joint investigation team;
5. provide Eurojust with any information that is necessary for it to carry out its tasks;

• ensures that the competent authorities of the Member States concerned inform each other on investigations and prosecutions of which Eurojust has been informed;
• assists the competent authorities of the Member States, at their request, in ensuring the best possible co-ordination of investigations and prosecutions;
• gives assistance in order to improve co-operation between the competent national authorities;
• co-operates and consults with the European Judicial Network.

When acting as a College, Eurojust also may:

• assist Europol, in particular by providing it with opinions based on analyses carried out by Europol;
• supply logistical support, e.g. assistance for translation, interpretation and the organisation of co-ordination meetings.

When acting through the National Members, Eurojust also:

• may ask the competent authorities of the Member States concerned, giving its reasons, to:

1. take special investigative measures;
2. take any other measure justified for the investigation or prosecution;

• in the cases involving a non-Member State or the European Union itself, and with the agreement of the College, assists investigations and prosecutions concerning the competent authorities of only one Member State.

As the National Members keep their status in the respective judicial systems of their country, they can also exercise the powers conferred on a national level.

Competences

Eurojust's competences are not directly defined in the Eurojust Decision, which refers instead to the types of crime and offences in which Europol is competent to act: organised crime, terrorism and other forms of serious crime (unlawful drug trafficking, illegal moneylaundering activities, crime connected with nuclear and radioactive substances, illegal immigrant smuggling, trafficking in human beings, motor vehicle crime, murder, grievous bodily injury, illicit trade in human organs and tissue, kidnapping, illegal restraint and hostage taking, racism and xenophobia, organised robbery, illicit trafficking in cultural goods, including antiquities and works of art, swindling and fraud, racketeering and extortion, counterfeiting and product piracy, forgery of administrative documents and trafficking therein, forgery of money and means of payment, computer crime, corruption, illicit trafficking in arms, ammunition and explosives, illicit trafficking in endangered animal species, illicit trafficking in endangered plant species and varieties, environmental crime, illicit trafficking in hormonal substances and other growth promoters) affecting two or more Member States.

Eurojust also has competence to act in other types of offences when they are committed together with one of the above; it may also assist in investigations and prosecutions at the request of a Member State. In 2010, about 10% of the cases handled by Eurojust fell into this category.

Eurojust focuses in its work on dealing with cases concerning priority crimes defined by the EU as posing an especial threat to its citizens: terrorism, drug trafficking, trafficking in human beings, cybercrime, fraud, corruption, money laundering and other economic crime.

European Arrest Warrants

European Arrest Warrants (EAW) are arrest warrants valid throughout all Member States of the EU. As one of the tasks of Eurojust as defined in the Treaty of Nice was to facilitate the execution of letters rogatory and the implementation of extradition requests, it was natural that Eurojust should have competences related to the EAW, an instrument replacing extradition requests between Member States. Eurojust acts in two cases concerning the EAW:

• The judicial authority executing the EAW may seek the advice of Eurojust if there are more than one EAWs issued for the same person when deciding which EAW shall be executed. Eurojust gives advice in these cases but also can play a practical role by promoting timely communication between the judicial authorities involved.
• Where a Member State in exceptional circumstances cannot observe the time limits provided for in Article 17 of the Framework Decision on the EAW, it shall inform Eurojust, giving the reasons for the delay.

In 2010, a total of 280 cases concerning the execution of EAWs were registered at Eurojust, amounting to almost 20 per cent of all cases.

Joint investigation teams

A Joint investigation team (JIT) is an investigation team set up on the basis of an agreement between two or more Member States and/or other parties, for a specific purpose and limited duration. Its task is to carry out criminal investigations in one or more of the Member States setting up the team. The Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union and the Council Framework Decision of 13 June 2002 on joint investigation teams were the instruments used by the EU to establish this possibility. The concept of JITs arose from the belief that existing methods of international police and judicial co-operation were, by themselves, insufficient to deal with serious cross-border organised crime. Instead, a team of investigators and judicial authorities from two or more States, working together with clear legal authority and certainty about the rights, duties and obligations of the participants, would improve the fight against organised crime.

Eurojust (as well as Europol) may participate in a JIT, or on the request of a Member State, they may be involved in the setting up of a team. Member States have to inform their National Member when a JIT is set up, but an invitation for participation is not mandatory. Eurojust and Europol can, however, assist in the administrative management of the JIT and also assist in and advise on obtaining funding.

Caseload

The number of cases in which Eurojust was contacted has been growing steadily from the beginning of its existence: while in 2002 Eurojust was contacted in 202 cases, in 2010 there were 1,424 new cases where Member States sought Eurojust’s assistance. The majority of Eurojust's cases is bilateral, involving 2 Member States; in 2010, one-fifth of the cases involved three or more countries. Eurojust also organised 141 co-ordination meetings between representatives of national authorities and EU bodies in 2010.

Organisation

College

Eurojust is composed of 27 National Members, one from each of the European Union’s Member States. National Members are seconded in accordance with their respective legal systems and are judges, prosecutors or police officers of equivalent competence. The exact status and powers of National Members are defined by the national legislation of their appointing Member State, which also determines the term of office they serve.

Several Member States have appointed Deputies and Assistants to help and in some instances replace their National Member. The National Member, Deputies, Assistants and their Secretary form the unit called a National Desk. Some National Members are also supported in their day-to-day casework by Seconded National Experts (SNEs), who are seconded by their national authorities to assist in casework. SNEs are part of the Eurojust administration, but work closely with their National Desks.

The National Members form the College of Eurojust, which is responsible for the organisation and operation of Eurojust.

Administration

The College of Eurojust is supported by the administration. As head of the Eurojust administration, the Administrative Director is responsible for the day-to-day management of Eurojust, including budget and staff management. The administrative organisation is composed of units, services and secretariats: the Budget, Finance & Procurement Unit, Case Analysis Unit, Corporate Services Unit, Human Resources Unit, Information Management Unit, Legal Services Unit, Data Protection Office, Press & PR Service, College Secretariat, European Judicial Network Secretariat, Joint Investigation Teams Network Secretariat and Genocide Network Secretariat.

Future

New legal basis

Article 85 of the Treaty on the Functioning of the European Union provides for the adoption of a new legal basis for the future development of Eurojust. Eurojust’s mission shall be to support and strengthen co-ordination and co-operation between national investigating and prosecuting authorities in relation to serious crime affecting two or more Member States or requiring a prosecution on common bases, on the basis of operations conducted and information supplied by the Member States’ authorities and by Europol.

The new wording of the Treaty mentions that by means of regulations adopted in accordance with the ordinary legislative procedure, the European Parliament and the Council shall determine Eurojust’s structure, operation, field of action and tasks. These tasks may include:

• the initiation of criminal investigations, as well as proposing the initiation of prosecutions conducted by competent national authorities, particularly those relating to offences against the financial interests of the Union;
• the co-ordination of such investigations and prosecutions;
• the strengthening of judicial co-operation, including by resolution of conflicts of jurisdiction and by close co-operation with the European Judicial Network.

European Public Prosecutor’s Office

Main article: European Public Prosecutor

Article 86 of the Treaty on the Functioning of the European Union provides for the possibility of establishing a European Public Prosecutor’s Office (EPPO) from Eurojust in order to combat crimes affecting the financial interests of the Union. The EPPO may be established by the Council, according to a special legislative procedure, acting unanimously and after obtaining the consent of the European Parliament. The Treaty provides also for the possibility to create it by enhanced co-operation established by at least nine Member States.

The EPPO shall be responsible for investigating, prosecuting and bringing to judgment, where appropriate in liaison with Europol, the perpetrators of offences against the Union’s financial interests. It shall exercise the functions of prosecutor in the competent courts of the Member States in relation to such offences. Moreover, the Treaty provides for the possibility to extend the powers of the EPPO to include under its sphere of competence serious crime having a cross-border dimension.

Eurojust under the Stockholm Programme

The Stockholm Programme refers several times to the role of Eurojust. In particular, it states that “in the field of judicial co-operation, the European Council emphasises the need for Member States and Eurojust to implement thoroughly Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust, which, together with the Lisbon Treaty, offers an opportunity for the further development of Eurojust in the coming years, including in relation to initiation of investigations and resolving conflicts of competence. On the basis of an assessment of the implementation of this instrument, new possibilities could be considered in accordance with the relevant provisions of the Treaty, including giving further powers to the Eurojust national members, reinforcement of the powers of the College of Eurojust or the setting-up of a European Public Prosecutor”.

See also

• Area of freedom, security and justice
• European Public Prosecutor
• Europol
• Police and Judicial Co-operation in Criminal Matters

External links

• Official site
• E-Justice
• Goldirova, Renata. "Brussels seeks more powers for EU crime body". EUobserver, 17 April 2007.