9.2. Operational cooperation with main actors in the EU criminal justice chain
Working together to fight fraud against NextGenerationEU budget
Together with Europol, EPPO, OLAF and 20 EU Member States, Eurojust is participating in Operation Sentinel targeting fraud, corruption, embezzlement and other crimes against COVID-19 EU recovery funds being offered under the framework of the NextGenerationEU initiative. The aim of the operation is to ensure that EUR 806.9 billion from the EU budget is used to strengthen the economy and does not end up in criminals’ bank accounts.
Europol continues to be a close working partner of Eurojust, both in daily casework and in strategic matters. To ensure good ongoing communication between the agencies, a regular Steering Committee meeting took place in July 2021, and a high-level meeting between Europol’s Director and the Eurojust President in January 2022.
In addition to the hundreds of Eurojust cases involving Europol, the agencies cooperated in, among others:
EMPACT – preparing the 2022-2025 EMPACT cycle and communicating its importance to the judiciary
The SIRIUS project to share knowledge on cross-border access to electronic evidence
A project on accountability principles in artificial intelligence, within the framework of the Innovation Hub for Internal Security
EPPO
To prepare for the start of operations of the European Public Prosecutor’s Office and the immediate cooperation that needed to follow, Eurojust and the EPPO signed a Working Arrangement in February 2021, laying out the detailed practical modalities of their cooperation in the fight against crimes affecting the European Union’s financial interests.
In practice, the arrangement implements cooperation methods put in place through the Eurojust and EPPO Regulations. It does this, for instance, by regulating the exchange of information between the two organisations, and Eurojust’s support to the EPPO with regard to judicial cooperation requests and decisions involving either third countries or Member States that do not take part in the establishment of the EPPO. Particular attention has been given to data protection, in close cooperation with the European Data Protection Supervisor.
The EPPO and Eurojust have agreed to establish liaison teams to enable seamless cooperation.
Following the start of operations of the EPPO on 1 June 2021, Eurojust was involved in casework with its newest, privileged partner.
Eurojust cases with the EPPO: practical experiences
In a very recent and still ongoing case involving a complex VAT carousel fraud, Eurojust’s support was requested by a German Delegated European Prosecutor, as the case extends to Member States not participating in the EPPO. The support offered by Eurojust is the same as offered to national authorities in other Eurojust cases and includes the EPPO’s participation in coordination meetings. It also involves the EPPO joining a joint investigation team and the possibility for Europol to be involved.
First experiences prove that the Working Arrangement between Eurojust and the EPPO made it easy to start working with the European Delegated Prosecutors. The Working Arrangement gives a sound framework and allows for the substantial exchange of information, which is indispensable for any successful investigation and prosecution.
Sweden, a Member State not participating in the EPPO, opened the first Eurojust case – also involving France – towards the EPPO. Other Swedish cases dealing with MTIC fraud with the participation of the EPPO were also supported by Eurojust, with advice on execution of an EIO, setting up coordination meetings and, where appropriate, initiation of JIT collaborations, being key examples.
OLAF
OLAF continues to remain an important partner in Eurojust’s operational work on cases about fraud against the EU budget.
On 1 July 2021, Eurojust and OLAF carried on their mutual training programme. As a follow-up to Eurojust’s seminar for OLAF investigators in 2020, OLAF presented some real case studies, its data analysis methods as well as its new Regulation to Eurojust’s experts. An engaging discussion followed on future cooperation in the new legal and institutional PIF landscape.
eu-LISA
Establishing access for Eurojust to eu-LISA’s new large-scale IT system, ECRIS-TCN, as well as the Interoperability architecture that will strengthen the Justice and Home Affairs domain, form the foundation of the three-year Cooperation Plan 2021-2023, signed in October 2021 by the two agencies. The plan also covers future cooperation in the context of the Digital Criminal Justice initiative and e-CODEX, a cross-border judicial tool that will be managed by eu-LISA starting in 2023.
FRA
Eurojust President Ladislav Hamran and the Fundamental Rights Agency (FRA) Director, Michael O’Flaherty, met in June 2021 to discuss potential areas for cooperation in judicial matters, such as artificial intelligence, EAW, detention-related topics and victims’ rights. As a follow-up aimed at enhancing the existing cooperation, both agencies endorsed a list with concrete actions in 12 common areas of interest for the period between October 2021 and November 2022.
EUIPO
Eurojust President Ladislav Hamran and the Fundamental Rights Agency (FRA) Director, Michael O’Flaherty, met in June 2021 to discuss potential areas for cooperation in judicial matters, such as artificial intelligence, EAW, detention-related topics and victims’ rights. As a follow-up aimed at enhancing the existing cooperation, both agencies endorsed a list with concrete actions in 12 common areas of interest for the period between October 2021 and November 2022.
EJTN
Despite the pandemic still affecting travel and meeting options, Eurojust has the capacity to host trainees from the European Judicial Training Network (EJTN) at National Desks once more. The trainees, present at Eurojust for up to four months, boost operational capacities, simultaneously gaining a better understanding of Eurojust and its work.
In November 2021, Eurojust also hosted the first online short-term EJTN study visit, giving almost 50 prosecutors, judges and court staff members their first taste of how the Agency works.
The JHA Agencies Network against trafficking in human beings and environmental crime
The JHAAN work programme 2021 was devoted to environmental protection and the goals of the EU Green Deal. Eurojust provided input to the drafting of the programme and participated in two JHAAN online seminars devoted to environmental enforcement (in February and June 2021), presenting on Eurojust’s activities and experiences in combating environmental crime, particularly the Report on the Eurojust’s casework on environmental crime.