Brussels, 27/09/2001 (Agence Europe) - The justice ministers of the Fifteen reached agreement on Thursday on the major outlines of the structure and powers of Eurojust, the future co-operation body for European magistrates, that the Fifteen want to see up and running by 1 January of next year. The Commission's role was also the subject of an agreement in principle, but the form of its association with Eurojust has yet to be defined and will again be examined by the Committee of Permanent Representatives (Coreper). For its part, Ireland withdrew its request for an exemption. Among the aspects that have not yet been discussed, the treatment of data of the personal nature, and possibly that of the headquarters of Eurojust, may prove to be difficult.
The political agreement secured in Council concerns articles 1 to 8 of the decision to create Eurojust, a future prosecutors, magistrates or police officers unit with equivalent prerogatives, whose creation was provided for at the European Council of Tampere in October 1999 to step-up the fight against serious forms of crime. It should be composed of a national member, seconded and remunerated by each Member State. This member must be a prosecutor, judge or police officer. They may each be assisted by one person. According to the agreement in principle secured in Council, its goals will be to promote and improve co-ordination between national authorities competent for investigations and prosecutions in Member States (following any request from a national authority), improve co-operation, facilitate mutual legal assistance and the execution of requests for extradition. To do so, Eurojust will be able to ask a State to consider: undertaking an investigation, co-ordinating investigations, setting up joint investigation teams, or even providing all necessary information. Eurojust will ensure reciprocal information for Member States in cases of which it has knowledge, and work to ensure the best possible co-ordination.
Eurojust will a priori act when several member countries are concerned by a case, but may also intervene in a case that only concerns a single Member State and a third State, if it could be thought that other States may be involved. Regarding Eurojust intervention in a case concerning one State and the Community's financial interests, the role of the Commission in launching an investigation still needs defining. The competence of Eurojust will relate to all crimes and infringements provided for by the Europol Convention, as well as computer crime, money laundering, crimes against the environment, fraud and corruption, the Community's financial interests. Eurojust may also intervene in other cases of serious crime should a Member State so request.
Eurojust will normally act only through the national members concerned in a case, but work as a College, with each member having one vote. It has to be noted that should a State refuse to co-operate with a request made of it by Eurojust as College, it will have to provide a reason for its refusal except if this could harm essential national security interests, or jeopardise the smooth running of ongoing investigations or a person's safety. Ireland wanted to be able to refuse to provide an explanation in such an almost general almost, as, according to Irish legislation, prosecutors need not provide a reason for their decisions. But, given the refusal of all its partners, Ireland withdrew its request.
The Commission will not participate in Eurojust's College (several countries are said to have been against this for reasons of the confidentiality of investigations), but should be involved in general discussions for issues that come within the Community competence, according to arrangements yet to be defined. The Commission, moreover, stipulated that it had no desire to participate in operational work, except for the protection of the Community's financial interests. The precise arrangements for co-operation between its Anti-Fraud Office, Olaf, and Eurojust, also still need fleshing out.
The members of the provisional Eurojust, "Pro-Eurojust", which has existed since 1 March, held a press conference Thursday afternoon, on which we shall report tomorrow.