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)

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)

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.

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

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
30/04/2019
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

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.

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
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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)

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)

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