Protocol 22 of the Lisbon Treaty of 2009 states that EU legislation in the area of freedom, security and justice does not apply to Denmark. With the start of application of the Eurojust Regulation, Denmark is no longer a member of Eurojust.
The Agreement on Criminal Justice Cooperation concluded between Eurojust and the Kingdom of Denmark (DA) enables the parties to coordinate investigations and prosecutions during cross-border cases. The Agreement takes into account Denmark’s status as an EU Member State and a Schengen Area Country.
Under the Agreement, Denmark may second a Representative, a Deputy and an Assistant to Eurojust to coordinate its criminal investigations and prosecutions with other Member States, as well as third countries that have a cooperation agreement with Eurojust.
The Agreement provides for quick, safe and efficient exchange of case-related information and evidence between Denmark, other EU Member States and third countries, and contains extensive and robust data protection provisions to guarantee the same level of data protection that is observed throughout the European Union.
Each member of the Danish team will be able to attend the Eurojust College meetings in the role of an observer without voting rights, as Denmark is affected by strategic and operational issues discussed in the College of Eurojust affecting all Member States.
Further terms of the agreement are as follows:
- Denmark will retain access to Eurojust’s information systems and be allowed to exchange data and evidence, including personal data, in criminal investigations and prosecutions for cases registered at Eurojust, via its seconded Representative, Deputy or Assistant;
- the Danish Representative to Eurojust may participate in certain operational and strategic meetings;
- Denmark will be subject to democratic oversight by its National Parliament, will be bound by the jurisdiction of the European Court of Justice and the European Data Protection Supervisor, and will financially contribute to Eurojust’s budget; and
- the national Parliament of Denmark will be informed on Eurojust’s annual report, as well as on the results of studies and strategic projects commissioned by Eurojust, its strategic programming documents and working arrangements concluded with third parties, in the same way as the national Parliaments of the other Member States.
Jesper Hjortenberg is the Representative of Denmark at Eurojust. He has been a prosecutor since 1988 and worked at the Office of the Danish Director of Public Prosecutions for many years. From 2002 to 2007, he was Head of the International Division of the DPP’s Office, and since 2007 served as Deputy Director with responsibility for casework and international matters. He prosecuted a large number of cases before the Danish Supreme Court from 1996 to 2010. Mr Hjortenberg participated in negotiations for the EU 2000 Convention on mutual legal assistance and the 2002 Eurojust Decision as part of the Danish delegation at meetings in Brussels, and has been Danish member of the Council of Europe Steering Committee on Crime Problems (CDPC) for more than ten years. He currently chairs the CDPC.