The European Parliament's plenary session in Strasbourg on Thursday 18 April gave the go-ahead for a cooperation agreement between the European Judicial Cooperation Agency Eurojust and Denmark by a very large majority (558 votes in favour, 20 against and 4 abstentions).
The favourable opinion, drawn up by Claude Moraes (S&D, UK), on the draft Council implementing decision on this cooperation agreement was adopted without modification compared to the vote in committee on 8 April.
Such an agreement is necessary because Denmark, which does not participate in Eurojust, is not bound by the reform of the Agency's governance model (see EUROPE 12044/3), which will apply from 12 December 2019.
In practice, this means that from that date onwards, there will no longer be a legal basis for Eurojust to cooperate with Denmark and the country will be considered as a third country vis-à-vis Eurojust. In addition, an operational vacuum could hinder the coordination of investigations and prosecutions covering the territory of Denmark.
Eurojust was therefore responsible for negotiating the cooperation agreement with Denmark. Its Joint Supervisory Body delivered a favourable opinion on the provisions of the agreement on data protection and the College of Eurojust approved the agreement on 21 March.
The agreement provides in particular for the exchange of information and the participation of the representative to Eurojust from Denmark, without the right to vote, in certain operational and strategic meetings. Its representative will also participate more extensively in meetings of the College of Eurojust than liaison magistrates from third States.
In addition, the Danish national parliament will receive, like the national parliaments of the other Member States, information on Eurojust's annual report, the results of studies and strategic projects and working arrangements with third parties.
Specific provisions have also been included in the agreement to take into account the situation of Denmark, which is both a Member State of the European Union and a country in the Schengen area. They also concern the competence of the EU Court of Justice, the role of the European Data Protection Supervisor (EDPS), an adequate contribution by Denmark to the Eurojust budget and the requirement to maintain Denmark's membership of the Schengen area.
The draft agreement can be consulted at the following address: https://bit.ly/2Iq4Q8n (Marion Fontana)