Challenges and best practices from Eurojust’s casework in the area of cybercrime

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Eurojust helps EU Member States to tackle cybercrime offences by helping law enforcement and judicial professionals to map out the legal requirements to effectuate necessary interventions, and by facilitating the use of judicial cooperation tools such as the European Investigation Order (EIO) and the European Arrest Warrant (EAW).

Further, the Agency coordinates cross-border investigations through the organisation of operational and coordination meetings and common action days. By ensuring effective communication and resource sharing, Eurojust also helps the involved authorities to address the technical requirements of cybercrime investigations, which may include encryption, data retention and solutions for Internet governance-related challenges.

As part of the efforts to develop understanding and best practice around this complex crime area, Eurojust hosts the European Judicial Cybercrime Network (EJCN). It was established in 2016 to foster contacts between practitioners specialised in countering the challenges posed by cybercrime, cyber-enabled crime and investigations in cyberspace, and to increase efficiency of investigations and prosecutions.

The EJCN facilitates and enhances cooperation between competent judicial authorities by enabling the exchange of expertise, best practice and other relevant knowledge regarding the investigation and prosecution of cybercrime. The network also fosters dialogue among different actors and stakeholders that play a role in ensuring the rule of law in cyberspace.

In line with the Council Conclusions of 9 June 2016, Eurojust supports the network and ensures close cooperation. Among others, Eurojust participates in the EJCN Board and hosts the regular meetings of the EJCN (see: a summary of the outcome of the 14th EJCN plenary meeting held on 15-16 June 2023). The Agency also supports the exchange of information and consults the EJCN about the development of policy work and other stakeholder activities to ensure a strong interaction between Eurojust’s expertise in international judicial cooperation and the operational and subject matter expertise of the EJCN members.

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Cybercrime Judicial Monitor - Issue 8, June 2023

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In addition to its operational work, Eurojust helps national authorities to develop relevant understanding and skills and to spread public awareness around cybercrime. These efforts include Eurojust’s publication of the Cybercrime Judicial Monitor (CJM), an annual report that highlights recent legislative developments and case law in relation to cybercrime, cyber-enabled crime and e-evidence.

In each report, a particular topic of interest is analysed. Through this report, common challenges, best practices and lessons learned in cybercrime cases can be shared among practitioners. See previously published editions of the Cybercrime Judicial Monitor.

Eurojust is involved in a range of cybercrime-related projects and initiatives, including:

• the SIRIUS project, launched in October 2017 by Europol, in close cooperation with Eurojust and the European Judicial Network (EJN). The project is a platform that helps investigators to cope with the complexity and volume of information in a rapidly changing online environment by providing guidelines and tools, and by sharing experience with peers, both online and in person;

• the reports of the observatory function on encryption, in which Eurojust and Europol jointly present insights into the opportunities of law enforcement to potentially cope with encryption and its related legal and technical challenges. The third report was published in July 2021; and

• the GLACY+ conferences (Global Action on Cybercrime Extended), which have been co-organised and hosted by Eurojust in 2018 and 2019. The GLACY+ project is a joint initiative of the European Union and the Council of Europe to strengthen the global fight against cybercrime by reinforcing the cyber capacity of 12 priority countries in Africa, Asia-Pacific, and Latin America and the Caribbean.

• the multi-agency EU Innovation Hub for Internal Security, which provides a joint platform to support the delivery of cutting-edge technologies for the security of citizens in the European Union. In April 2021, Eurojust contributed to a project launched by the Innovation Hub, aimed at developing accountability principles to guide human-centred and socially driven AI capabilities for security and justice organisations. The project aims to create a toolkit for practitioners to auto-evaluate future AI systems in light of the accountability principles.