Brussels, 20/12/2008 (Agence Europe) - The entry into force of the Treaty of Lisbon, which is scheduled for 1 January 2009, will give the legal cooperation body of the EU (Eurojust) increased competencies, the president of the College of Eurojust, José Luís Lopes da Mota, recently declared. He added, however, that the agency should be “made better use of”, on the basis of its current prerogatives. The Treaty of Lisbon provides that the competencies of Eurojust may be extended to allow the organisation to start investigations into criminal affairs concerning more than one member state, or the financial interests of the Union, more specifically. To make this progress reality, qualified majority would be required of the Council of Ministers, rather than unanimity as is currently the case. The new treaty also provides for the possibility of creating a European public prosecution service on the basis of Eurojust. The European prosecutor would have the job of bringing cases to protect the financial interests of the Union. The possibility also exists to grant it powers of prosecution for serious crimes affecting more than one member state. The exact role of this prosecutor and his or her relationship with Eurojust, however, are not particularly clear, Mr Lopes da Mota stated on 12 February, at a conference organised by the Academy of European Law (ERA) in Trier. The Academy stated that before a new body is created, the options open to Eurojust should be fully exploited. “One of the main problems is the level of implementation of the decision creating Eurojust in the member states. That relates to three points: the option for the national members to act in their own territories as the national judicial authorities, the exchange of information between the national authorities via Eurojust and appointing national Eurojust correspondents”, the Eurojust president stressed. It is worth noting that at the end of October last year, the Commission presented a document in which it confirmed its intentions of forwarding a legislative proposal in 2008, granting more powers to Eurojust (EUROPE 9530).
Another example of the way in which the EU bodies could be used more effectively was presented during the conference, by Europol director Max-Peter Ratzel. He welcomed with great satisfaction the changes brought in by the Treaty of Lisbon and the proposed framework-decision aiming to make Europol into a Community Agency. However, Mr Ratzel warned his audience about “the obstacles” which may have an effect on the functioning of Europol, particularly as a result of the option for certain states (United Kingdom, Ireland and Denmark) to use their “opt-out” in matters pertaining to police and criminal cooperation. Mark de Pulford, representative of the British Home Office, took pains to reassure those present that the United Kingdom “will remain a key player in the field of justice and home affairs and will continue to commit positively in this area”. By way of example, he quoted his country's commitment to support the proposal aiming to recognise in absentia verdicts (EUROPE 9589). Other subjects relating to the impact of the Lisbon Treaty in the field of justice and home affairs were also raised, including the extension of the powers of co-decision of the European Parliament, and the jurisdiction of the European Court of Justice, the possibility of using an “emergency brake” and the reinforced cooperation mechanism between several member states. (B.C.)