1. Eurojust
Presentation outline I. What is Eurojust? II. Objectives and competences III. Legal framework IV. Tasks and Powers V. Eurojust in action VI. Role of Eurojust in Conflicts of jurisdiction VII. Role of Eurojust in JITs VIII. Future perspectives IX. Case illustrations

2. I. What is Eurojust? = The EU permanent body for judicial cooperation
Mission:
To support and strengthen coordination and cooperation between national authorities in the fight against serious cross border crime
Created by Council Decision of 28 February 2002, amended in and soon to be replaced by a Regulation!
Legal personality
College composed of 28 National Members
(one prosecutor/judge from each Member State) who, under the current legal framework, remain national authorities in their country
Seat in The Hague (NL)
Eurojust is a judicial cooperation body (and not a simple “network”), created to improve the fight against serious crime by facilitating the co-ordination of action for investigations and prosecutions covering the territory of more than one Member State.
Eurojust was set up by the Council of the European Union in February 2002
Eurojust has legal personality (Article 1 EJD) which means, inter alia, that Eurojust is allowed to conclude cooperation agreements with third States and international and European organisations (we will see this later on).
The College of Eurojust is composed of 28 National Members, one from each EU Member State. These are senior and experienced judges, prosecutors, or police officers of equivalent competence (the great majority are prosecutors) , who together form the College of Eurojust (picture).
It has its permanent seat in The Hague (NL).

4. Structure of Eurojust College composed of
National Members (prosecutors/judges from 28 Member States)
- operational
- management board
Administration
- national desks
- Units & Services
College
College
(NMs)
NM: subject to national legislation (powers: EJ Dec. – EJ Regulation)
College: organisation and operation of EJ
2 Liaison magistrates

5. II. Objectives and competences
Objectives (Article 3 Eurojust Decision)
Stimulate and improve the co-ordination of cross-border investigations and prosecutions between the competent authorities of the Member States;
Improve co-operation between the competent authorities of the Member States; and
Support otherwise the competent authorities of the Member States to render their investigations and prosecutions more effective.
Let’s see now, finally, the objectives of Eurojust
According to Article 3 of EJ decision, the Objectives of Eurojust are:
To stimulate and improve the co-ordination of cross-border investigations and prosecutions between the competent authorities of the MSs.
To improve cooperation between the competent authorities of the MSs, in particular by facilitating the execution of requests and decisions on judicial cooperation, including the instruments giving effects to the principle of MR (new in nero).
To support the competent authorities of the Member States in order to render their investigations and prosecutions more effective

6. Competences
In principle, investigations and prosecutions concerning or more MS - Article 3(1) Eurojust Decision
Involvement also possible in investigations and prosecutions concerning a MS and a non-MS (cooperation agreement / essential interest) – Article 3(2) Eurojust Decision
Crimes
Eurojust has the authority to deal with a wide range of criminal offences (Article 4 Eurojust Decision):
Reference to Europol has competence, including terrorism, trafficking in human beings and drugs, serious fraud, money laundering, etc.
Other offences committed together with the types of crime and the offences referred to above
Any other types of offences at the request of a MS
Competences of EJ: We have already seen what the objectives are, let’s move now to the competences of EJ.
And the first question is “when can EJ act?”
Mainly in the context of investigations or prosecutions concerning two or more Member States (from crimes listed in art. 4), in relation to serious crime, particularly when it is organized. (Article 3(1)).
However, the involvement of EJ is also possible (=the assistance of EJ may be requested) in investigations and prosecutions concerning a MS and a non-MS, if a cooperation agreement has been concluded with the said non-EU State, or if there is an essential interest in a specific case in providing such assistance. (art. 3, par. 2)
Moreover, EJ nay also assist in investigations and prosecutions concerning only a MS and the European Community. (Article 3(3)).
Eurojust has a general competence which covers a wide range of criminal offences: (art.4)
Eurojust's competence covers the same types of crime and offences for which Europol has competence, such as terrorism, drug trafficking, trafficking in human beings, counterfeiting, money laundering, computer crime, crime against property or public goods including fraud and corruption, criminal offences affecting the European Community's financial interests, environmental crime and participation in criminal organisations.
For other types of offences, Eurojust may assist in investigations and prosecutions at the request of a competent authority of a Member States.

7. Serious and organised crime
terrorism
drug trafficking
trafficking in human beings
illegal immigrant smuggling
crime against life, limb or personal freedom
fraud, corruption and financial crime
counterfeiting and forgery
money laundering
cybercrime
environmental crime
participation in a criminal organisation
Affecting two or more Member States
Types of crime for which EP is competent to act
Other offences: at the request of a MS
Only 1 MS + 3rd state involved: authorization College
29/12/2018
Welcome to Eurojust

8. III. Legal Framework
Conclusions of Tampere Council, October 1999 – paragraphe 46.
Treaty of Nice – Article 31(2) TUE
Creation of Pro-Eurojust – December 2000
Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 63, , p.1)
Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust (OJ L 138/14, )
Stockholm Programme – December 2009
Entry into force of Lisbon Treaty (Article 85 TFEU) on 1 December
17 July 2013 : Commission Proposals for
a Regulation on Eurojust
a Regulation creating the EPPO
Let’s see now, finally, the objectives of Eurojust
Stockholm Programme (Paragraph 3.1.1)
need for Member States and Eurojust to implement thoroughly the new Council Decision
New Decision, 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 member,
reinforcement of the powers of the Eurojust College
or the setting-up of a European Public Prosecutor.

10. IV. Tasks and Powers What can Eurojust do? 3 categories of powers :
1) Powers of Eurojust that can be exercised by the National members or by the College
(common to both).
2) Powers of Eurojust that can be exercised by the College only.
3) Powers that can be exercised by the National members as national authorities.
When EJ acts through its NMs concerned or acts as a college, it may ask the competent authorities of the Member States concerned, giving its reasons, to:

11. IV. Tasks and Powers
1) Powers of Eurojust exercised either by the National members or by the College – common to both (Articles 6(a) and 7(a) Eurojust Decision)
Ask the competent authorities :
to investigate or prosecute specific acts
to accept that one country is better placed to prosecute than another
to co-ordinate with one another
to set up a Joint Investigation Team
to provide Eurojust with any information necessary to carry out its tasks
to take special investigative measures or other measures
../…
When EJ acts through its NMs concerned or acts as a college, it may ask the competent authorities of the Member States concerned, giving its reasons, to:

12. IV. Tasks and Powers
…/..
These powers shall be exercised:
Through one or more of the National Members concerned (Article 6 Eurojust Decision)
As a College (Article 7 Eurojust Decision)
When so requested by one or more of the NMs
When the case involves investigations or prosecutions which have repercussions at Union level
When a general question relating to the achievement of its objectives is involved
Force:
National authorities must give reasons for any refusal to comply with a formal request from Eurojust without undue delay, whether the request comes from the College or a NM (Article 8 Eurojust Decision)
Tasks of EJ (Article 5)
How does Eurojust fulfil its role?
In order to accomplish its objectives, Eurojust shall fulfil its tasks:
Through one or more of the National Members concerned (Article 6)
As a College (Article 7)
- when so requested by one or more of the NM;
- when the case involves investigations or prosecutions which have repercussions at Union level or which might affect MSs other than those directly concerned;
- when a general question relating to the achievement of its objectives is involved.

13. IV. Tasks and Powers 2) Powers of Eurojust acting as a College
(new EJ Decision)
Written non binding opinions on
conflicts of jurisdiction cases – Article 7(2) Eurojust Decision
Recurrent difficulties or refusals concerning the execution of requests for judicial cooperation - Article 7(3) Eurojust Decision
Force: idem
National authorities must give reasons for any refusal to comply with a formal request from Eurojust without undue delay, whether the request comes from the College or a NM (Article 8 Eurojust Decision)
Article 7(2) enables the College to intervene in the resolution of a case of conflicts of jurisdiction as regards the undertaking of investigations or prosecution (pursuant to Article 6 and in particular Article 6(1)(c),) when the two or more national members concerned cannot agree on how to resolve it. If that is the case, the College shall be asked to issue a written non-binding opinion, provided that the matter could not be resolved through mutual agreement between the competent national authorities concerned. The opinion of the College shall be promptly forwarded to the Member States concerned.
Under Article 7(3), a competent authority may report to Eurojust recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition, and request the College to issue a written non-binding opinion on the matter, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion of the College shall be promptly forwarded to the Member States concerned.
Furthermore, according to the new Article 8, reasons must be given by national authorities for any refusal to comply with a formal request from Eurojust without undue delay, whether the request comes from the College (Article 7) or the national member (Article 6).

14. IV. Tasks and Powers
3) Powers of National members acting as national authorities
(new EJ Decision)
3 categories of powers:
Ordinary powers – Article 9b Eurojust Decision
Powers exercised in agreement with national authorities – Article 9c Eurojust Decision
Powers exercised in urgent cases – Article 9d Eurojust Decision
Each MS shall confer on its NM at least the powers described in Article 9b and, subject to Article 9e (constitutional safeguard clause), powers described in Article 9c and 9d.

15. Strengthened interaction with national authorities:
Creation of the Eurojust National Coordination System:
See Article 12 EJD
Some members of the ENCS shall be connected to the Case Management System of Eurojust
Reinforcement of the exchange of information:
New reporting obligation under Article 13 EJD

16. V. Eurojust in action How does Eurojust operate?
Coordination meetings and coordination centers
Joint Investigation Teams
Relations with third States
Strategic projects

17. Initiation of a Eurojust case
NM of the
concerned MS
College
CMS

18. Operational meetings Level I meeting Level II meeting
28 National Members
Level II meeting
NMs of the
concerned MS
Level III meeting
NMs +
judicial and/or police
authorities of the concerned
States-bodies

19. The crucial role of Eurojust
coordination meetings and
coordination centers