Eurojust legal framework

The European Union Agency for Criminal Justice Cooperation (Eurojust) operates on the basis of Article 85 of the Treaty of Lisbon and the Eurojust Regulation, which became applicable on 12 December 2019. The Regulation determines Eurojust’s mandate, governance structure, data protection regime and the framework for establishing agreements with non-EU countries.

In addition, Eurojust has adopted an internal legal framework including a financial regulation, internal procedures, the implementation of data protection rules and the Eurojust seat decision, which establishes where the Agency shall be located, and access to documents.

Besides this legal framework, the following tabs will also provide links to the full versions of Eurojust’s agreements with third States as well as international and EU partners.

Eurojust Regulation

EU agencies are distinct bodies from the EU institutions and separate legal entities set up to perform specific tasks under EU law.

Eurojust was created in 2002 as the EU Judicial Cooperation Unit operating on the basis of Council Decision 2002/187/JHA.

The Eurojust Regulation (Regulation of the European Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation, replacing and repealing Council Decision 2002/187/JHA) was adopted on 6 November 2018 and became applicable on 12 December 2019.

The Regulation established Eurojust as the European Union Agency for Criminal Justice Cooperation (Eurojust) and became directly applicable on 12 December in the Member States, without a need for national transposing acts.

The new legal basis introduced a number of changes to further improve Eurojust’s role in serving justice across borders for a safer Europe:

enhanced operational capabilities and increased information exchange between Eurojust and Member States;
a new governance structure:
- The College of Eurojust, consisting of National Members from EU Member States and one Commission representative when the College exercises its management functions, is, among others, responsible for adopting the budget, annual and multi-annual programming and the Annual Report, electing the President and Vice-Presidents and appointing the Administrative Director;
- an Executive Board has been established to assist the College, consisting of Eurojust’s President, the two Vice-Presidents, a representative of the European Commission and two other College Members designated on a two-year rotation system. The Administrative Director attends the meetings of the Executive Board without the right to vote. The Executive Board is responsible for taking certain administrative decisions (e.g. adopting and implementing rules of the Staff Regulations, financial rules, anti-fraud strategy), reviewing certain administrative documents before they are submitted to the College and establishing or modifying internal administrative structures;
a new data protection regime, adapted to the revised EU legal framework on data protection: application of both Regulation 2018/1725 (applicable to all EU institutions, agencies, bodies) to the processing of administrative personal data, with a new chapter on operational personal data as ‘lex generalis’ and the Eurojust Regulation as ‘lex specialis’ with regard to the processing of operational personal data. The European Data Protection Supervisor (EDPS) became responsible for the external supervision of Eurojust’s compliance with both Regulations;
alignment of Eurojust’s external relations with the principles introduced in this field by the Treaty of Lisbon; as a consequence, Eurojust no longer has the ability to negotiate and conclude cooperation agreements. A four-year strategy for further developing Eurojust’s international reach is in consultation with the European Commission. It includes a list of third States and international organisations with which Eurojust has identified an operational need for cooperation. As a result of the special protocols applicable to Ireland, Denmark and the United Kingdom, each of these States has a different legal position:
- Ireland has opted in to the Eurojust Regulation and thus remains a full Eurojust member;
- Denmark and Eurojust signed an Agreement on Criminal Justice Cooperation in October 2019, and Denmark now has a Representative to Eurojust with full participation in operational work;
- in the summer of 2019, the United Kingdom opted in to the new Eurojust Regulation. As of 1 February 2020, the status of the UK at Eurojust is in line with the Withdrawal Agreement;
a strengthened role of the European and national Parliaments in the democratic oversight of Eurojust’s activities; and
a new relationship between Eurojust and the European Public Prosecutor's Office (EPPO) based on mutual cooperation within their respective mandates and competences, and the development of operational and management links.

Since it was adopted in 2018, the Eurojust Regulation has been amended twice:

On 1 June 2022, the Eurojust Regulation was amended, giving the Agency the legal possibility to collect, preserve and share evidence on war crimes.
On 31 October 2023, the Eurojust Regulation was amended again to enhance the fight against terrorism in the EU.

Find here the consolidated text of the Regulation.

An evaluation of the implementation and impact of the Eurojust Regulation and the effectiveness and efficiency of Eurojust and its working practices will be commissioned by the European Commission by December 2024.

Amendments

Amendment as regards the storage, preservation and analysis of evidence in war crimes (Regulation (EU) 2022/838 of 30 May 2022)

On 25 April 2022, the European Commission proposed to amend the Eurojust Regulation to give the Agency the legal possibility to store, preserve and analyse evidence on war crimes. The Commission statement underlined that ‘to ensure accountability for the crimes committed in Ukraine, it is crucial to ensure safe storage of evidence outside Ukraine as well as to support the investigations and prosecutions by various European and international judicial authorities. While Eurojust has practical experience on international crimes, the existing Regulation did not envisage a situation of this scale and crimes of this extent, requiring an update in Eurojust’s legal base.’

The amendment, which entered into force on 1 June 2022, reinforces the Agency’s existing legal basis to deal with evidence of core international crimes. The two major changes include:

the creation of a dedicated database at Eurojust to store evidence of core international crimes; and
Eurojust’s new mandate to analyse the evidence stored in the dedicated database.

Since the entry into force of this amendment, Eurojust has set up the database where evidence of war crimes is preserved and stored securely. The Agency analyses the evidence to establish links, identify investigative gaps and advise prosecutors on the way forward. Eurojust works closely with the International Criminal Court, so that analysis can also benefit their investigation, through their cooperation with States concerned. Access to the information is subject to the approval of the country who provided it.

Amendment as regards digital information exchange in terrorism cases (Regulation (EU) 2023/2131 of 4 October 2023)

On 2 December 2021, the Commission tabled a proposal to amend the Eurojust Regulation as regards the digital information exchange in terrorism cases. This proposal was part of the 'Security and Justice in the Digital World' package, a series of legislative initiatives intended to modernise judicial cooperation.

This amendment of the Eurojust Regulation

enhances Eurojust’s ability to identify links between prior and ongoing cross-border terrorism cases and other forms of serious cross-border crimes, thus enabling Member States, with the assistance of Eurojust, to better coordinate their investigation measures and judicial responses;
establishes a modern Case Management System (CMS) fit for the 21st century, and provides a secure digital communication channel between Member States and Eurojust; and
simplifies cooperation with third countries by granting Liaison Prosecutors direct access to the CMS.

Following formal adoption by the European Parliament and the Council, the legislative amendment of the Eurojust Regulation was published in the Official Journal of the European Union on 4 October 2023, and entered into force on 31 October 2023.

Internal legal framework

The internal legal framework of Eurojust is undergoing revision due to the changes brought by the Eurojust regulation. The list of documents below will be updated as the new rules are adopted.

Financial Regulation

College Decision 2019-09 on the Financial Regulation applicable to Eurojust (17 September 2019) lays down the essential financial rules for Eurojust.

Eurojust Seat Decision

Decision taken by common agreement between the representatives of the Member States, meeting at Head of State or Government level, on 13 December 2003 on the location of the seats of certain offices and agencies of the European Union.

For Eurojust Seat Decision, see Article 1 (c).

Data Protection Rules

The Rules of procedure on the processing and protection of personal data at Eurojust, adopted by the College on 20 December 2019, govern the processing and protection of personal data at Eurojust to implement the data protection provisions of the Eurojust Regulation and Regulation (EC) No 2018/1725.

Rules of Procedure

The Rules of procedure include rules for the College and Executive Board, including voting procedures, the election of the President and Vice-Presidents of the College, the functions they may exercise and under which conditions they can be dismissed. The Rules of Procedure also establish the rules for declarations of interest, conflicts of interest and duty of information. The current Rules of Procedure of Eurojust were adopted by the College of Eurojust on 20 December 2019, following the approval of the Council on 19 December 2019 (Council Implementing Decision (EU) 2019/2250 of 19 December 2019). They were amended by the College on 24 July 2020 (following Council Implementing Decision (EU) 2020/1114 of 23 July 2020).

Access to Documents

The purpose of the Decision to adopt rules regarding Public Access to Eurojust Documents as adopted by the College of Eurojust on 13 July 2004 is to define the principles, conditions and limits governing the right of access to Eurojust documents and establishes practical rules ensuring the easiest possible exercise of this right.

Decision concerning investigations conducted by OLAF

Decision concerning the terms and conditions for internal investigations at Eurojust in relation with the prevention of fraud, corruption and any illegal activity detrimental to the interests of the Union as adopted by the College of Eurojust on 15 July 2020.

Lisbon Treaty Article 85

Article 85 in Chapter 4 of the Treaty of Lisbon (ex Article 31 TEU) contains the provisions concerning judicial cooperation in criminal matters:

Eurojust's mission shall be to support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more Member States or requiring a prosecution on common bases, on the basis of operations conducted and information supplied by the Member States' authorities and by Europol.
In this context, the European Parliament and the Council, by means of regulations adopted in accordance with the ordinary legislative procedure, shall determine Eurojust's structure, operation, field of action and tasks. These tasks may include:
1. (a) the initiation of criminal investigations, as well as proposing the initiation of prosecutions conducted by competent national authorities, particularly those relating to offences against the financial interests of the Union;
2. (b) the coordination of investigations and prosecutions referred to in point (a);
3. (c) the strengthening of judicial cooperation, including by resolution of conflicts of jurisdiction and by close cooperation with the European Judicial Network.
These regulations shall also determine arrangements for involving the European Parliament and national Parliaments in the evaluation of Eurojust's activities.
2. In the prosecutions referred to in paragraph 1, and without prejudice to Article 86, formal acts of judicial procedure shall be carried out by the competent national officials.

Agreements

EU partners

Working arrangement between the European Public Prosecutor's Office and the European Union Agency for Criminal Justice Cooperation (signature: 11 February 2021; entry into force: 12 February 2021)
Agreement on criminal justice cooperation between Eurojust and the Kingdom of Denmark (signature: 7 October 2019; entry into force: 11 December 2019)
Memorandum of Understanding on the joint establishment of rules and conditions for financial support to joint investigation team activities between Europol and Eurojust (signature: 1 June 2018; entry into force: 2 June 2018)
Letter of Understanding on cooperation between Eurojust and the European Union External Action Service (EEAS) (signature: 10 October 2017)
Memorandum of Understanding between Eurojust and the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA) (signature: 19 September 2017; entry into force: 20 September 2017)
Memorandum of Understanding between Eurojust and the European Union Intellectual Property Office (EUIPO) (signature: 12 July 2016)
Letter of Understanding on cooperation between Eurojust and EUNAVFOR MED (2015) (signature: 01 October 2015)
Memorandum of Understanding between Eurojust and the European Union Agency for Fundamental Rights (FRA) (signature: 11 November 2014; entry into force: 1 December 2014)
Memorandum of Understanding between Eurojust and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) (signature: 15 July 2014; entry into force: 1 August 2014)
Memorandum of Understanding between Eurojust and FRONTEX (signature: 18 December 2013; entry into force: 1 January 2014)
Memorandum of Understanding between Eurojust and the European Commission (signature: 20 July 2012; entry into force: 20 July 2012)
Memorandum of Understanding between Eurojust and CEPOL (signature: 7 December 2009; entry into force: 1 January 2010)
Agreement between Eurojust and Europol (signature: 1 October 2009; entry into force: 1 January 2010)
Practical Agreement on arrangements of cooperation between Eurojust and OLAF (signature: 24 September 2008; entry into force: 25 September 2008
Memorandum of Understanding between Eurojust and the European Judicial Training Network (signature: 7 February 2008; entry into force: 1 March 2008)

Third countries

Agreement on Cooperation between Eurojust and the Republic of Serbia (signature: 12 November 2019; entry into force: 11 December 2019)
Agreement on Cooperation between Eurojust and Georgia (signature: 29 March 2019; entry into force: 27 July 2019)
Agreement on Cooperation between Eurojust and the Republic of Albania (signature: 5 October 2018; entry into force: 1 November 2019)
Agreement on Cooperation between Eurojust and Ukraine (signature: 27 June 2016; entry into force: 2 September 2017)
Agreement on Cooperation between Eurojust and Montenegro (signature: 3 May 2016; entry into force: 3 June 2017)
Agreement on Cooperation between Eurojust and the Republic of Moldova (signature: 10 July 2014; entry into force: 21 October 2016)
Agreement on Cooperation between Eurojust and the Principality of Liechtenstein (signature: 7 June 2013; entry into force: 19 November 2013)
Agreement between the Swiss Confederation and Eurojust (signature: 27 November 2008; entry into force: 22 July 2011)
Agreement between the former Yugoslav Republic of Macedonia (fYROM) and Eurojust (signature: 28 November 2008; entry into force: 23 June 2010)
Agreement between the United States of America and Eurojust (signature: 6 November 2006; entry into force: 21 December 2006)
Agreement between the Republic of Iceland and Eurojust (signature: 2 December 2005; entry into force: 14 March 2006)
Agreement between the Kingdom of Norway and Eurojust (signature: 28 April 2005; entry into force: 26 October 2005)

Albania, Georgia, Moldova, Montenegro, North Macedonia, Norway, Serbia, Switzerland, Ukraine, the United Kingdom and the United States of America have each seconded a Liaison Prosecutor to Eurojust.

International organisations, networks and associations

Working arrangement between Eurojust and the Iberomerican Association of Public Prosecutors (signature: 29 July 2022; entry into force: 30 July 2022)
Implementing arrangement to the Memorandum of Understanding between Eurojust and IberRed on the use of the Iber@Secure Communication System (signature: 28 May 2020; entry into force: 28 May 2020)
Memorandum of Understanding between Eurojust and the International Criminal Police Organisation (ICPO-INTERPOL) (signature: 15 July 2013; entry into force: 1 November 2013)
Memorandum of Understanding between Eurojust and the United Nations Office on Drugs and Crime (signature: 26 February 2010; entry into force: 26 February 2010)
Memorandum of Understanding between Eurojust and the Iberoamerican Network of International Legal Cooperation (Iber-RED) (signature: 4 May 2009; entry into force: 4 May 2009)
Letter of Understanding on cooperation between Eurojust and the International Criminal Court (ICC) (signature: 10 April 2007)