Brussels, 24/10/2007 (Agence Europe) - The European Commission has confirmed that it wants to publish new legislation next year to give greater powers to Eurojust, the EU's judicial cooperation body, explained the European Commission on Tuesday 23 October as it unveiled a report on Eurojust's role and the European Judicial Network in the context of fighting organised crime and terrorism. The document was described as the first stage in the legislative process, and sets out the Commission's views on possible improvements. It will be discussed with Member States at a Seminar in Lisbon 29 and 30 October 2007. In a press release, EU Justice Commissioner Franco Frattini said improvements were vital to give Eurojust the powers to allow it to carry out its work more effectively.
Using Eurojust to set up a European Prosecutor's Office? Although the Reform Treaty contains an article on setting up a European Prosecutor's Office, the Commissioner says it is too early to discuss this and he would be concentrating on options for Eurojust in the near and medium-term instead.
More powers for representatives. In the document, the European Commission suggests increasing and harmonising the powers of member states' representatives at Eurojust. The duration of the term of office of the national representatives varies from one year to a permanent contract. Most are appointed for a three year term of office which can be renewed once. Harmonising the length of time representatives can spend at Eurojust is likely to decide on a three year maximum term of office to ensure stability at Eurojust, explains the document. The possibility of recall should be ruled out, it argues. The document recommends boosting staff numbers both among member states' representatives at the College and at national offices. All Eurojust's national representatives should have a minimum range of powers at their disposal to give them direct access to police records, draw up requests for mutual aid or order investigations and proceedings, get access to information on all criminal cases involving at least three member states or two member states or more for particularly serious crimes like terrorism and human trafficking, etc. Moreover, the European Commission will examine the option in the longer term to establish a new legal basis and give the national representatives much sharper teeth when it comes to launching criminal cases, particularly concerning alleged crime and fraud that damages the EU's financial interests; setting up and getting involved in common investigation teams; and taking special investigative measures.
Greater powers for the College. Under a possible new legal basis in the future, the Commission says it would like to examine criteria and means whereby the college could decide on conflicts of competence among the member states, launch investigations in member states and suggest taking action on a member state's territory, or launch criminal investigations at EU level, particularly concerning infringements of the EU's financial interests. The Commission also wants the appointment of the managing director to be decided by a 2/3 majority rather than by a unanimous decision by the College.
Cooperation with other criminal judicial cooperation stakeholders. The Commission believes improvements are required in the way Eurojust liaises with the European Judicial Network (EJN). The national EJN contact point should, it feels, be the national correspondent of the Eurojust national representative in their home country. This person would be responsible for relaying Eurojust's communications policy in the country in question. A strengthening of connections between Eurojust and the various national Europol liaison offices should be structured, and exchange of information with these offices should be improved. Likewise, the signing of a cooperation agreement is encouraged between Frontex and Eurojust.
Mixed progress. In its report, the European Commission assesses progress in implementing the 2002 decision to set up Eurojust. The transposition deadline was September 2003 but once again, the outcome is disappointing because only 10 member states (Belgium, Germany. Slovakia, Spain, France, Italy, Latvia, Luxembourg, Austria and Portugal) have adopted all the necessary legislation for its application. Eurojust aims to promote and improve coordination and cooperation between national judicial authorities in the member states in order to fight terrorism and cross-border organised crime. It started work in 2002 and the number of cases registered mushroomed to 771 cases in 2006, a 31% rise on 2005. There are already 800 cases to date in 2007, and this may exceed 1000 by the end of the year. (B.C.)