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Legal framework

EU legal framework

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Article 85 of the Treaty on the Functioning of the European Union provides for a new legal basis for the future development of Eurojust. 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.

By means of regulations adopted in accordance with the ordinary legislative procedure, the European Parliament and the Council shall determine Eurojust’s structure, operation, field of action and tasks. These tasks may include:

(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;

(b)   the coordination of investigations and prosecutions referred to in point (a);

(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.

In the prosecutions referred to in Article 85, formal acts of judicial procedure shall be carried out by the competent national officials.