Supplementary evidence by Eurojust
1. INTRODUCTION
The present note follows the visit to Eurojust
by the House of Lords European Union Committee (Sub-committee
F Home Affairs). In particular, background documents and information
are provided on the extent of co-operation between Eurojust and
Europol in the following topics: AWFs, OCTA and TE-SAT. Additionally,
there is mention of the physical co-location of Europol and Eurojust
in The Hague, and of staffing issues.
2. AWFS
The analytical work carried out by Europol (especially
in the context of AWFs) constitutes an excellent platform for
launching judicial co-ordination. Accordingly, Eurojust's main
role in the context of AWFs is the promotion of a "judicial
follow-up" of Europol's analyses, ie identification of the
competent judicial authorities, organization of co-ordination
meetings with national authorities, solving issues regarding the
execution of European Arrest Warrants, organizing synchronized
activities to retrieve evidence in several countries (eg simultaneous
house searches and other intrusive measures that often requires
an authorisation from prosecutors or judges), stimulating the
initiation or re-opening of investigation at national level, and,
in general, using its mandate as expressed in the Eurojust Decision.
These judicial co-ordination and co-operation
activities are complementary to the criminal analysis and police
co-operation activities carried out by Europol, as it is well
illustrated by the SKANDERBERG, KOALA and BAGHDAD operations.[28]
In these cases, Europol's criminal analyses have allowed the identification
of targets and the links among them. On this basis, Eurojust acted
in a proactive way by inviting the involved judicial and police
authorities to co-ordination meetings. During these meetings,
the involved authorities could safely exchange information, identify
the best place to prosecute and where to collect evidence. Finally,
an action plan was tabled and discussed, which led to the simultaneous
execution of European Arrest Warrants, the retrieval of the evidence
and the dismantling of cross-border criminal networks.
Against this background, the importance of Eurojust's
more systematic involvement in AWFs is clear. Eurojust is currently
associated with 12 AWFs out of the current 18 (namely AWFs COLA,
COPPER, TERMINAL, SYNERGY, FURTUM, SMOKE, COPY, SUSTRANS, MTIC,
TWINS, CHECK POINT, SOYA). However, Eurojust is not yet associated
with terrorist related files DOLPHIN (domestic extremism), HYDRA
(Islamic Terrorism) and other AWFs of strategic importance for
the fight against serious crime (eg AWF MUSTARD on heroin trafficking).
Following the Council Statement approved in
the June 2008 JHA Council, a task force is to be set up by the
incoming EU Presidency to further improve the co-operation between
Eurojust and Europol, especially in the AWF context.
3. OCTA
Eurojust has contributed for the past three
years to the OCTA report with a progressively sophisticated analysis
of Eurojust cases that are relevant to the OCTA Intelligence Requirements.
The analysis draws on all 27 Eurojust desks. Quantitative information
is extracted from the CMS, and qualitative inputs are retrieved
through interviews with National Members.
At Europol's invitation, Eurojust has also participated
in the sub-groups of experts set up by Europol to improve OCTA
methodology. Furthermore, the questionnaire submitted to Eurojust
and the data collection plan at Eurojust have been tailored to
Eurojust's role and case-based approach, which makes it possible
to retrieve more accurate information on judicial co-operation
issues.
The Council Conclusions setting the EU priorities
for the fight against organised crime based on the 2007 OCTA and
the related action plan (doc. 7547/3/07) invited Eurojust to organise
a strategic meeting for prosecutors on this topic. Eurojust organised
this meeting on 21-22 February this year. The general conclusions
of the meeting are particularly useful in illustrating how the
relationship between Europol and Eurojust (including exchange
of information) can be useful in the fight against cross-border
crime and also illustrate some areas where improvements can be
made:
4. TE-SAT
Eurojust and Europol co-operate on the EU Terrorism
Situation and Trend Report (TE-SAT), which was established as
a reporting mechanism from the EU Council's Terrorism Working
Party (TWP) to the European Parliament following the 11 September
2001 attacks in the United States. In the course of 2007 Europol
invited Eurojust to participate in the Advisory Board meetings
concerning the TE-SAT 2008 aiming at revising the scope of the
report.
Eurojust provides expertise in judicial data
collection, with case illustrations from prosecutions and convictions
for terrorist offences sent to Eurojust by the national terrorist
correspondents according to Council Decision 2005/671/JHA of 20
September 2005 on the exchange of information and co-operation
concerning terrorist offences.
In order to facilitate the exchange of information
in this field EJ organises on a yearly basis a Strategic Meeting
on terrorism with the National Correspondents on terrorism. Each
year they are reminded of the obligation for the Member States,
as set out in the 2005 Council Decision, to submit respective
information on terrorism-related prosecutions and convictions
to Eurojust.
5. PERMANENT
HOUSING AND
STAFFING ISSUES
Since June 2006 Eurojust and Europol have been
working closely together on the issue of permanent housing for
each institution in The Hague. A serious attempt was made to assess
whether both could co-locate on the site selected for Europol.
After an intense few months in which Eurojust produced its Programme
of Requirements (POR) it became apparent that the site chosen
for Europol was not large enough for both organisations to co-locate.
The Eurojust College then inserted a specific reference in its
POR for "close proximity" to Europol to be understood
as meaning within a radius of 1 km. Both Europol and Eurojust
remain in close contact on this issue, as it is in our mutual
interest to develop the advantages from being based in the same
city.
Staffing Issues
It was noted during the meeting with the Sub-
Committee that Eurojust did have some problems attracting some
staff in assistant grades, essentially because the cost of living
in The Netherlands for this category of staff is high in comparison
to the wages earned. It is apparent that some staff members have
chosen to leave Eurojust for this reason, and move to agencies
in countries where the general cost of living is lower. Connected
to this issue, there is a trend for Eurojust staff applications
in certain grades to come from the less affluent regions of Europe.
2 July 2008
28 For more details about the three joint operations
please see:
- OP. SKANDERBERG
http://www.eurojust.europa.eu/press_releases/2007/13-06-2007.htm
- OP. KOALA http://www.eurojust.europa.eu/press_releases/2007/05-11-2007.htm
- OP. BAGHDAD http://www.eurojust.europa.eu/press_releases/2008/23-06-2008.htm Back
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