4.1 Cooperation with EU agencies

Operational cooperation with the main actors in the security chain is vital to ensuring justice gets done. Throughout 2022, Eurojust continued to cooperate closely with the European Justice and Home Affairs agencies and the EU institutions, contributing judicial expertise in the common fight against cross-border crime. During 2022, the Agency handled a significant number of cross-border cases with Europol and the European Public Prosecutor’s Office, as well as one case with OLAF.

EUROPOL

In 2022, Eurojust and Europol continued their strong operational and strategic partnership. The agencies worked closely together on 55 cases during 2022.

At the level of institutional cooperation, the heads of both agencies met for a high-level meeting in January 2022, followed by a Steering Committee meeting in September 2022. Topics covered ranged from cooperation on JITs, support to Ukraine, capacity building with third countries and possible collaboration in the field of artificial intelligence (AI). The two agencies discussed the novelties introduced by the Recast Europol Regulation, and agreed to carry out internal assessments of the practical implementation of the 2010 Cooperation Agreement between the two agencies.

After a two-year break due to the COVID-19 pandemic, Eurojust and Europol resumed the staff exchange programme. Eurojust hosted a Europol delegation for an open day in December 2022, dedicated to informing Europol’s staff about the Agency’s work and future possibilities for further collaboration.

EPPO

In 2022, Eurojust and the EPPO focused on the implementation of the Working Arrangement concluded in 2021, which lays out the practical modalities of the cooperation in the fight against crimes affecting the European Union’s financial interests. A Liaison Team was established and met twice in 2022 to discuss operational, institutional and strategic cooperation.

An Action Plan for 2022–23 was established, and a workflow on how to open and handle cases involving the EPPO at Eurojust was agreed. A secure communication channel (the so-called EPPOBox) was put in place for the exchange of operational data. Work also started to establish the hit/no-hit system between Eurojust and the EPPO in order to enhance the detection of links between cases.

The EPPO participated in the EMPACT Operational Action on Missing Trader Intra Community fraud, led by Eurojust (see Economic crime section), and the US-EU expert group on obtaining evidence via MLA from the United States, also organised by the Agency (see Cybercrime section).

Several cases were opened at Eurojust to support the EPPO in its investigations involving non-participating Member States and third countries. In one such case, Eurojust assisted the EPPO in setting up its first JIT with a non-participating Member State.

Eurojust assists in setting up first joint investigation team with EPPO at request of Swedish authorities

Crime: Large-scale cross-border VAT fraud is conducted, related to the trade of electronic goods (mostly mobile phones) and subsequent money laundering involving more than 10 EU Member States. The fraud scheme ultimately damages the Swedish State budget.

Action: Eurojust, for the first time, supports the setting up of a JIT with the EPPO. The Agency facilitates the establishment of the JIT at the request of the Swedish authorities and the EPPO[1]. The JIT is the first ever to involve the EPPO since taking office in 2021.

In February 2022, the JIT agreement is signed by Sweden and the French European Delegated Prosecutor handling the investigations at the EPPO, with the participation of Eurojust, to support investigations between the Swedish authorities and the EPPO.

The suspect is arrested and detained in Romania.

Result: During the arrest in September 2022, several phones and computers are seized and transferred to Sweden, containing useful evidence. In addition to supporting this case, the evidence reveals further suspected crimes in other companies in new countries.

Eurojust's role: Eurojust has already been involved in the case at the request of the Swedish authorities before the EPPO evoked the investigations from the French judicial authorities. The Agency organises coordination meetings to facilitate cooperation and coordination among linked investigations and to prepare for the setting up of the JIT. Eurojust provides legal support during the drafting of the JIT agreement and proposes solutions to new legal issues arising from the involvement of the EPPO in such an investigation team.

OLAF

During 2022, OLAF remained an important partner in Eurojust’s operational work. During the year, OLAF participated in four coordination meetings and worked with the Agency on three ongoing JITs.

The Eurojust and OLAF Liaison Team met regularly during 2022, and discussed new avenues for cooperation, including new crime areas, possible use of each other’s networks in third countries and potential collaboration on Eurojust’s ‘own initiative’ cases.

An Action Plan for 2022–23 was agreed. A Working Arrangement was signed between Eurojust and OLAF in March 2023, allowing for enhanced institutional, strategic and operational cooperation between the agencies on fighting crimes affecting the European Union's financial interests.

FRA

During 2022, Eurojust and the European Union Agency for Fundamental Rights (FRA) significantly enhanced their cooperation. Regular meetings ensured the successful implementation of various joint actions under the 12 identified common areas of interest. Examples include FRA presenting the Directive on combatting terrorism to Eurojust’s Counter-Terrorism Working Group in January 2022, and its criminal detention database to Eurojust’s College and Liaison Prosecutors in June 2022. Moreover, in October 2022, Eurojust participated in FRA’s European Arrest Warrant (EAW) project expert meeting, and joined the Steering Committee of FRA’s project on violence and related human rights abuses against women fleeing the war in Ukraine.

Changes to the mandates of both agencies in 2022 provided further scope for cooperation. At the high-level meeting held in October 2022, the agencies discussed FRA’s amended Regulation (increasing the Agency’s scope of action in the area of judicial cooperation in criminal matters) and Eurojust’s amended Regulation (allowing for the establishment of the Core International Crime Evidence Database).

Thematic areas of cooperation for 2023 are, amongst others, procedural safeguards in European Arrest Warrant proceedings, violence and related human rights abuses against women fleeing the war in Ukraine, European Law regarding cybercrime and fundamental rights and digitalisation of justice.

Eu-LISA

In July 2022, Eurojust and the EU agency for operational management of large-scale IT systems in the area of Freedom, Security and Justice (eu-LISA) jointly published the report Artificial intelligence supporting cross-border cooperation in criminal justice. The field of justice is undergoing digital transformation, and AI has an important role to play in helping judicial authorities operate more efficiently and effectively. Such performance gains can eventually result in better access to justice and reduced time to render judicial decisions.

ln recent years, with the European Commission’s support, Eurojust and eu-LISA have started preparing for digital judicial cooperation, including Al-based solutions. The joint report builds on that work, analyses related legal and policy issues, and explores Al use cases to highlight how it benefits international judicial cooperation.

Cooperation with training partners

Eurojust continued to support the training activities of CEPOL and the EJTN, in line with its mandate and Memoranda of Understanding.

In 2022, Eurojust covered judicial cooperation aspects in 16 CEPOL courses, on topics such as trafficking of human beings for sexual exploitation, child trafficking, facilitation of illegal immigration, cross-border exchange of e-evidence, corruption, environmental crimes and JITs. Several CEPOL courses are organised with the involvement of the EJTN, enabling the participation of up to 20 judges and prosecutors.

Eurojust contributed to CEPOL’s capacity-building projects, in particular the Western Balkans Partnership against Crime and Terrorism Project (WB PaCT). The Project Coordinator of the new WBCJ project also attended WB PaCT’S Advisory Committee.

Furthermore, Eurojust supported the EU Strategic Training Needs Assessment 2022–2025, published in March 2022, which identifies the EU training priorities in the area of internal security.

The long-term traineeships at Eurojust’s National Desks were a continued success in 2022, with 21 EJTN trainees working in the operational field for between 3 and 4 months. In November 2022, Eurojust hosted the annual EJTN study visit, welcoming 29 judges and prosecutors. The Agency also provided expert speakers to EJTN courses on money laundering, asset recovery and confiscation in the European Union, as well as to a practical case-based simulation on environmental crimes.

Justice and Home Affairs Agencies Network

In 2022, the activities of the Justice and Home Affairs Agencies Network (JHAAN) focused on four main thematic priorities: digitalisation, the European Green Deal, the JHA agencies' cooperation with third countries, and training, as a horizontal priority. In addition to the planned activities for 2022, the JHAAN reacted swiftly to the unprecedented aggression against Ukraine.

The Network issued a joint statement in March 2022 declaring the nine agencies’ commitment to responding to the conflict by providing assistance in their respective capacities, and helping people affected and displaced by the war. Moreover, in August 2022, the JHAAN published a joint paper on each Agency’s contribution to the European Union’s solidarity with Ukraine.

In September 2022, the JHAAN published an updated joint paper on the individual and joint efforts by the nine EU agencies active in the field of freedom, security and justice, to deal with the impact of COVID-19.

During the annual high-level meeting in November 2022, the JHAAN took stock of its main achievements in 2022, including the ongoing engagement with Ukraine and Moldova. The agenda also included a presentation of the extended mandate of Eurojust allowing the Agency to collect, analyse and share evidence of core international crimes.

During 2022, the JHAAN published its Final Report on the JHA agencies’ Network Activities 2021. The report describes the successful implementation of the Network’s programme. It also contains in the annex the JHAAN Assessment Report, which provides an overview of the Network’s key achievements, observations regarding its format and functioning, and recommendations for improvement, including strengthening cooperation with key stakeholders.

[1]Cross-border VAT or carrousel frauds of over EUR 10 million fall under the competence of the EPPO. As Sweden does not participate in the EPPO, cross-border cooperation in these kinds of cases may be enabled by Eurojust.