To strengthen cross-border cooperation against terrorism, in September 2019, Eurojust launched the European Judicial Counter-Terrorism Register (CTR), in partnership with the EU Member States. The CTR is a unique operational tool at EU level that provides proactive support to national judicial authorities.

Digital Information Exchange in Terrorism Cases

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On 31 October 2023, Regulation (EU) 2023/2131 amending the Eurojust Regulation as regards digital information exchange in terrorism cases entered into force, reinforcing the CTR.

The CTR collects information on judicial proceedings against suspects of terrorist offences, transmitted to Eurojust on the basis of the amended Eurojust Regulation, and previously of Council Decision 2005/671/JHA. It helps identify links between judicial proceedings that are not known to national authorities. The links between proceedings identified by Eurojust help national authorities to reveal the cross-border nature of terrorist cells and/or activities and better understand the connections to other serious crimes. Once a link is confirmed, national authorities may decide to follow up bilaterally or ask Eurojust for legal and operational assistance tailored to the specific needs of each case. Eurojust may also take a proactive role in coordinating cross-border cases and act on its own initiative, as provided for in the Eurojust Regulation.

This information helps prosecutors to coordinate more actively and to identify the suspects or networks that are being investigated in specific cases with potential cross-border implications, in full respect of the applicable data protection rules. Ultimately, the CTR makes it easier for prosecutors to bring suspects of terrorist offences to justice. The CTR is managed by Eurojust in The Hague on a 24/7 basis.

Defining an efficient criminal justice response to foreign terrorist fighters (FTFs) and returnees from conflict zones has been a major focus of EU Member States over the past few years. Depending on national legislation and their alleged acts, suspected FTFs and returnees may be prosecuted for:

• participation in, or support to, the activities of a terrorist group;
• preparation for terrorist acts;
• travelling for the purpose of terrorism;
• recruitment for terrorism;
• providing and receiving training for terrorism;
• terrorism financing;
• (unlawful) participation in an armed conflict abroad;
• material support to terrorism;
• money laundering;
• war crimes, crimes against humanity and genocide; or
• other offences (for example murder, kidnapping, abduction, manslaughter, etc.).

Evidence-gathering and investigation in the conflict zone are, however, extremely complicated tasks.

Eurojust coordinates many specific investigations and prosecutions of FTFs or returnees. The Agency provides unique legal and operational assistance to investigations and prosecutions of FTFs and returnees by facilitating the cooperation between national authorities, helping identify links between judicial proceedings, advising on various legal issues and helping improve synergies and coordination among national authorities. To ensure enhanced coordination and swift response to terrorist threats, including from FTFs and returnees, Eurojust also promotes the efficient use of existing tools and mechanisms for sharing of information.

Since 2013, Eurojust has held regular meetings to discuss and analyse the Member States’ criminal justice response to FTFs to help judicial authorities define an effective response. In 2015, Eurojust was also asked by the Council of the EU and the Member States to contribute to the further development of the criminal policy with regard to FTFs by continuing to monitor trends and developments in the applicable legal framework and relevant jurisprudence in the EU Member States, including the use of alternatives to prosecution and detention in terrorism cases.

Eurojust Memorandum on Battlefield Evidence

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A crucial element in the proceedings against foreign terrorist fighters is the collection of battlefield evidence. In 2017, Eurojust, in close co-operation with the national correspondents for Eurojust for terrorism matters and the Genocide Network, started mapping best practice and challenges in the use of information collected by the military from armed conflict zones as evidence in terrorism and/or war crimes proceedings and/or as the basis for opening criminal investigations or prosecutions.

This cooperation intensified throughout 2019, with Eurojust working with the U.S. Government Battlefield Information Project, a joint initiative of the U.S. Department of Justice and U.S. Department of Defense, to support the use of battlefield information collected by military personnel (in Syria and Iraq) in counter-terrorism cases in civilian courts. The project fosters close cooperation between the authorities in the USA and the EU Member States in operational counter-terrorism matters.

In addition to the legal and operational support to investigations and prosecutions referred to Eurojust for assistance, Eurojust also analyses national jurisprudence and experience in dealing with various aspects of the criminal justice response to terrorism. The analysis is shared with judicial practitioners and EU stakeholders to help identify common challenges, lessons learned and best practice.

For example, the Terrorism Convictions Monitor (TCM) is a Eurojust report that provides a regular overview of terrorism-related judgments across the European Union. It is intended to encourage and facilitate the sharing of information on convictions and acquittals for terrorist offences across the European Union. Launched by Eurojust in 2008, the TCM has many editions available for review.

In November and December 2020, Eurojust expert workshops on violent right-wing extremism and terrorism brought together judicial practitioners and counter-terrorism experts to share experience and identify common legal and operational challenges in investigating and prosecuting offences committed by right-wing extremist and terrorist groups and lone actors. A summary of these discussions is available as a report.

Information on Eurojust’s work in relation to counter-terrorism is also presented in this factsheet. More details on the cooperation between Eurojust and the EU Network for investigation and prosecution of genocide, crimes against humanity and war crimes (‘Genocide Network’) can be found here and in this factsheet.