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In the current context of increasing globalisation
and geopolitical instability, with emerging
forms of criminality, legislative initiatives and
criminal policies are needed regarding the
prevention of radicalisation and extremism,
actions against aspiring foreign fighters and
returnees and passive training in terrorism
(currently not covered by national legislation).
Cross-border crime and, increasingly, crimes
without clear borders such as cybercrime,
present a particular challenge due to the
involvement of different jurisdictions and
are therefore an additional hindrance for the
prosecution to determine the competent
authorities. Legal obstacles to judicial cooperation
in criminal matters remain a challenge.
Consistently transposing and effectively
implementing key existing legal measures
and policies, mutual recognition instruments
and newly developed instruments (e.g. the
Directive on freezing and confiscation and
the Directive on the European Investigation
Order), are needed to ensure the prosecution
and conviction of perpetrators, particularly
through the freezing and confiscation of
the proceeds of crime, making the effective
dismantling of criminal networks feasible.
Among the rules applicable, those regulating
the fundamental rights of suspected and
accused persons are crucial. The adoption and
implementation of relevant legal provisions
on the protection of the rights of victims of
crime and the procedural safeguards for the
suspects or accused must be ensured. 46
Provisions and time limits on data retention,
the identification of the competent
jurisdiction (including in cases of conflicts of
jurisdiction), the different rules on gathering,
admissibility and disclosure of evidence, and
differences in substantive and procedural
laws, can affect judicial cooperation. Eurojust
will continue to contribute to improving
judicial cooperation and mutual trust, also
with third States, by building bridges between
the different judicial systems. Effective and
efficient support for the competent national
authorities calls for closer operational cooperation
and partnership between EU partners,
based on an effective information exchange
and complementarity.
In this context the strengthening of mutual
trust between law enforcement and judicial
authorities is essential. Eurojust’s coordination
meetings allow for law enforcement
and judicial authorities to complement each
other in developing common investigative
and prosecutorial strategies (e.g. issuing and
executing European Arrest Warrants; simultaneous
arrests and searches; controlled
deliveries), with the support of Europol and
involved third States. Joint investigation teams
have also proven to be very effective, obliging
law enforcement and judicial authorities to
work together in ensuring that the information
and evidence collected will be admissible
and properly assessed in court. Last but not
least are the coordination centres established
at Eurojust providing real-time support during
action days by facilitating decision making and
immediate responses.
Eurojust has managed various strategic
projects 47 , such as in the area of trafficking
in human beings and drug trafficking, organised
thematic seminars to bring together
practitioners and involved actors, such as the
Prosecutors General, to exchange experience
and best practice and consequently
produced reports and other products, such
as the Terrorism Convictions Monitor. These
activities remain necessary, as well as training,
the latter being a permanent challenge for
prosecutors and judges.
The European Public Prosecutor’s Office
(EPPO), as a future new EU actor in the fight
against crimes affecting the financial interests
of the European Union, will profit from
Eurojust’s operational experience in international
judicial cooperation and the tools it has
developed to succeed in its operational work.
Partnership and synergies between EU actors
are indispensable. In the next 10 years,
Eurojust will continue to promote close cooperation
with all the partners concerned.
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EUROPOL / Exploring tomorrow’s organised crime / 2015