Eurojust can offer its existing support services to national authorities without a specific request. In 2018 the Eurojust Regulation explicitly introduced the possibility for the agency to carry out its tasks on its own initiative[1]. Eurojust, as a hub of judicial expertise and information, is optimally placed to take a proactive role in ensuring Europe’s security. The Agency supports national authorities in identifying links between their cases, agreeing on a joint approach and, where relevant, extending the coordination to other countries.
Own-initiative cases can be opened based on information provided by a Member State, EU bodies or third countries, as well as information collected by Eurojust itself from other cases (e.g. a confirmed link) or extracted from the Counter-Terrorism Register or CICED. Open sources could also serve as a starting point for such a case.
The result of an own initiative case can be strategic output, e.g. guidelines for practitioners, policy documents or case-work related analysis. More frequently, the result is Eurojust performing its operational functions in an individual investigation and prosecution,
Eurojust coordination meetings and centres 2020-2025
- aiming to stimulate and improve Member States’ cross-border coordination and cooperation
- acting in an urgent case, where it is not possible to identify or to contact the competent national authority in a timely manner or
- through written opinions on recurrent difficulties in judicial cooperation.
To encourage own-initiative cases in practice, Eurojust adopted a multiannual Action Plan to increase awareness both internally and among its operational partners.
Based on this ongoing work, 64 own-initiative cases have been registered with Eurojust since 2019. A few examples below show the range of the source of information used and the scale of the challenge.
Own initiative cases: a selection
Eurojust-supported action leads to arrest of 29 people smugglers in Italy and Albania
Case based on: Europol early warning notification
After receiving the information and discussing the opening of a case with competent national authorities, Eurojust facilitated the cross-border cooperation among EU Member States and beyond.
In addition to supporting the JIT, Eurojust sets up a coordination centre during the action day and provides cross-border judicial support via the Agency’s Italian and Greek National Desks, and the Liaison Prosecutor for Albania.
Stopping labour exploitation and trafficking of human beings
Case based on: Information provided by a third country
After receiving a request for cooperation from a third country and discussing the opening of a case with competent national authorities, Eurojust opened a case into the alleged crime of human trafficking for the purpose of worker exploitation to facilitate international cooperation.
As a consequence, an investigation is currently underway into the owners of employment agencies in Poland. They are allegedly responsible for recruiting third-country citizens under false promises of work with optimal conditions and remuneration in Poland. However, after arriving in Poland, they are exploited by various companies.
Legal analysis of the spontaneous exchange of information under Art. 7 MLA Convention
Case based on: Operational question raised during a coordination meeting in a Eurojust case
The topic of spontaneous exchange of information between judicial authorities was discussed in several coordination meetings. Is it possible to use the information exchanged under Article 7 of the EU Convention on Mutual Legal Assistance and other similar legal provisions, as evidence or is there a need for a subsequent European Investigation Order or MLA request? Eurojust opened an own initiative College case to analyse the situation.
The topic was taken up and generated further discussions in important EU and international fora, including in the Council of Europe, whose Cybercrime Convention Committee used it to develop a Guidance Note. The results of the case were also discussed at the workshop co-hosted by the Council of Europe and Eurojust in 2024.
1 That is, providing Member States authorities with Eurojust’s tools to support and enhance cross-border cooperation; Eurojust does not initiate criminal investigations on its own.
Eurojust is an agency of the European Union