Regulation (EU) 2018/1727 on the European Union Agency for Criminal Justice Cooperation (Eurojust)

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Publication Date 21/11/2018
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Regulation (EU) 2018/1727 - adopted by the European Union in November 2018 - establishing a new legal framework for the Agency for Criminal Justice Cooperation (Eurojust).

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Eurojust was set up by Council Decision 2002/187/JHA to reinforce the fight against serious organised crime in the European Union. The entity was later subject to reform in 2008.

This Regulation aims at adding efficiency to tackling cross-border crime by changing the structure of Eurojust and enabling the College of Eurojust to concentrate more on operational matters. It also takes into account the establishment of the European Public Prosecutor's Office (EPPO) and new rules for data protection in the institutions and agencies of the European Union (EU). It makes arrangements for involving the European Parliament and national parliaments in the assessment of Eurojust's activities. It also repeals Council Decision 2002/187/JHA.

A proposal for the reform of the Eurojust was adopted by the European Commission in July 2013 alongside the respective Communication, aiming to streamline its functioning and structure, as well as to improve its operational effectiveness. The Council of the European Union approved its general approach on the draft law in March 2015. The European Parliament initially blocked the proposal due to uncertainty on the connection between Eurojust and the EPPO, also under discussion. Following the agreement on the establishment of the latter entity, progression on this draft law was unblocked and the Parliament adopoted a negotiating position in October 2017. An informal agreement between the co-legislators was reached in June 2018. The final version of the proposal was adopted by the Council and the Parliament on 14 November 2018.

An agreement was signed on 7 October 2019 between Denmark and the Eurojust, which enables transnational operational and strategic cooperation under this Regulation. It allows Denmark to second a representative to the entity to coordinate its criminal investigations and prosecutions with other Member States as well as third countries that have a cooperation agreement with Eurojust. This was necessary as the Danish opt-outs leave the country outside the structure of the Eurojust.

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Commentary and Analysis
EPRS: At a Glance, September 2018: EU Agency for Criminal Justice Cooperation (Eurojust)

EUR-Lex: COM(2013)535: Proposal for a Regulation on the European Union Agency for Criminal Justice Cooperation (Eurojust)
European Parliament: Legislative Observatory: Procedure file for Proposal on Regulation on EU Agency for Criminal Justice Cooperation (Eurojust)
EP: Legislative Train: EU Agency for Criminal Justice Cooperation (Eurojust)
European Parliament: Press Release, 19/06/2018: Deal on updated rules for a more efficient Eurojust
Council of the European Union: Press Release, 20/06/2018: EU agrees new rules for a more efficient and effective Eurojust
Eurojust: Press Release, 07/10/2019: Eurojust and Denmark sign agreement on judicial cooperation

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