On Monday 23 June, MEPs on the Committee on Civil Liberties, Justice and Home Affairs (LIBE) hosted an exchange of views between representatives of the European Public Prosecutor’s Office (EPPO), Europol, Eurojust and the Commission. They noted that, in the face of the rise in cross-border organised crime, European cooperation needs to be further improved.
“Poly-crime is a reality”, said the Deputy European Chief Prosecutor, Andrés Ritter. The European Public Prosecutor’s Office files on VAT fraud, rigged tenders and money laundering reveal connections with other trafficking activities, particularly arms trafficking. However, to uncover these links, European agencies are still too often dependent on the Member States, whether for data, investigations or access to evidence.
Limited access to information is one of the first difficulties identified. “Criminals exchange information with digital tools without the slightest difficulty. So why can’t we do it too?”, asked Andrés Ritter.
And although agencies have secure channels between them, they are still constrained by national legislation, which regulates but limits the sharing of sensitive data.
“All too often, there are limitations due to the fact that the owners of the data are the Member States”, acknowledged Nils Behrndt, Deputy Director-General of the European Commission’s Directorate-General for Justice (DG JUST).
In addition, unsuitable legal instruments hamper cooperation. Europol cannot initiate investigations on its own initiative. It requires a request from a Member State.
“Perhaps we need dedicated investigative capabilities within Europol, which would benefit from the executive power of the European Public Prosecutor’s Office”, suggested Nils Behrndt.
When it comes to recovering criminal assets, while mafia organisations move their money in a matter of seconds via instant payments, seizure mechanisms remain slow and ineffective.
“We have to act before the money has left the country, because after that it will be too difficult”, stressed Andrés Ritter. Europol is in the process of setting up a future European Asset Recovery Office as part of the Asset project, but its resources are still embryonic.
In addition, the speakers stressed the need to improve the structure of cooperation with third countries. “We are talking with them (...). It would appear that things are changing”, said Andrés Ritter, citing recent exchanges with the United Arab Emirates. But without a more solid legal framework, these partnerships remain fragile.
Agreement was reached on the fact that, without a stronger legislative framework and additional resources, the European agencies will remain dependent on the goodwill of the Member States. (Original version in French by Nithya Paquiry)