1. EUROJUST reform – Article 85 TFEU Practical Case Analysis Carlos ZEYEN Member CTT and FECT National Member for Luxembourg

2. Romanian organised crime group with ‘expertise Romanian organised crime group with ‘expertise developed’ in stealing informatic equipments from developed’ in stealing informatic equipments from brand new buildings before their opening brand new buildings before their opening Taking advantage of lack or very low security in Taking advantage of lack or very low security in place during that time frame place during that time frame Buildings located in industrial zones, very close to Buildings located in industrial zones, very close to highways highways Stolen equipments stored in garages rented in Stolen equipments stored in garages rented in Germany Germany Stolen equipments sold and proceeds of crime Stolen equipments sold and proceeds of crime laundered in Romania laundered in Romania The facts

3. Countries involved: LU, DE, RO, FR, BE, NL, AT Victims in: LU, FR, BE, NL (possibly also in UK and Victims in: LU, FR, BE, NL (possibly also in UK and DK) DK) Suspects arrested in: LU, FR, NL, BE Suspects arrested in: LU, FR, NL, BE Involvement of Europol in the case Involvement of Europol in the case The case

4. Arrested people in France were about to be released Arrested people in France were about to be released House search conducted in their premises before House search conducted in their premises before arriving home in DE Level 2 between LU and DE arriving home in DE Level 2 between LU and DE Successful house search: Successful house search:  Rental contracts of garages found  Stolen equipments hidden in garages found A first successful intervention at Eurojust

5. Countries attending the coordination meeting: Countries attending the coordination meeting: LU, RO, FR, DE, BE, AT, NL, and Europol LU, RO, FR, DE, BE, AT, NL, and Europol Proposals made by the LU investigating judge: Proposals made by the LU investigating judge:  Setting up a common database on stolen and recuperated equipments in all countries involved with a view to (eventually) restituting victims/insurance companies  Setting up a common database on DNA profiles with a view to identifying possible matches between arrested and material on equipment  Temporary surrender of persons within EAWs Coordination meeting at Eurojust (1)

6. Proposals made by the LU investigating judge Proposals made by the LU investigating judge (continued): (continued):  Conflicts of jurisdiction and transfer of proceedings to a Member State  Setting up a Joint Investigation Team (JIT)  For one country start an investigation Result of the coordinating meeting: no agreement Result of the coordinating meeting: no agreement reached on the issues discussed Coordination meeting at Eurojust (2)

7. Setting up a common database on stolen and Setting up a common database on stolen and recuperated equipments - Article 6(1)(a)(vii) recuperated equipments - Article 6(1)(a)(vii) Setting up a common database on DNA profiles – Setting up a common database on DNA profiles – Article 6(1)(a)(vii) Article 6(1)(a)(vii) Temporary transfer of persons - Article 6(1)(a)(iii) Temporary transfer of persons - Article 6(1)(a)(iii) Resolution of conflicts of jurisdiction and transfer of Resolution of conflicts of jurisdiction and transfer of proceedings to a Member State - Article 6(1)(a)(ii) proceedings to a Member State - Article 6(1)(a)(ii) and Article 7(2) and Article 7(2) Follow-up to requests under the new Decision (1)

8. Setting up a Joint Investigation Team (JIT) – Setting up a Joint Investigation Team (JIT) – Article 6(1)(a)(iv) Article 6(1)(a)(iv) Undertake an investigation - Article 6(1)(a)(v) Undertake an investigation - Article 6(1)(a)(v) OCC OCC Importance of new Article 8: Should national Importance of new Article 8: Should national authorities decide not to comply with a request or authorities decide not to comply with a request or opinion, they shall inform Eurojust of their decision opinion, they shall inform Eurojust of their decision and of the reasons for it and of the reasons for it Follow-up to requests under the new Decision (2)

9. The powers referred to in Article 9c may be The powers referred to in Article 9c may be exercised in agreement with a competent national exercised in agreement with a competent national authority, or at its request and on a case-by-case authority, or at its request and on a case-by-case basis basis  Setting up a common database on stolen and recuperated equipments - Article 9c(c)  Setting up a common database on DNA profiles - Article 9c(c).  Temporary transfer of persons - Article 9c(a)  Resolution of conflicts of jurisdiction and transfer of proceedings to a Member State – Article 9c(a)  Setting up a Joint Investigation Team (JIT) - Article 9f  Undertake an investigation – Article 9c (Insufficient/limited) powers to carry out tasks under the new Decision

10. Initiation of criminal investigations and proposing the initiations of prosecution proposing the initiations of prosecution Coordination of investigations and prosecutions Coordination of investigations and prosecutions Resolution of conflicts of jurisdiction Resolution of conflicts of jurisdiction Article 85 TFEU

11. Would the implementation of Article 85 TFEU help Would the implementation of Article 85 TFEU help solving cases such as the one described above? solving cases such as the one described above?  Would the “quality change” resulting from the new Treaty – i.e. the granting of direct operational powers – be enough? i.e. the granting of direct operational powers – be enough?  Effective follow-up to initiation is crucial How would EUROJUST practically “initiate” How would EUROJUST practically “initiate” investigations? investigations?  Through its NMs or via a decision of the College?  In the case described above, what if NMs for NL, ES and FR have different views? different views? Perspectives offered by Article 85 TFEU Questions without answers… (1)

12. Respective roles of Eurojust /national authorities Respective roles of Eurojust /national authorities during the “life” of the case: during the “life” of the case:  Possibility to propose prosecutions  Reinforcement of the role of coordination (Article 85(1)(b)  Limit of Article 85(2): formal acts performed by competent national officials. Intervention of NMs as “national officials”? officials. Intervention of NMs as “national officials”? Perspectives offered by Article 85 TFEU Questions without answers… (2)

13. Operational issues Operational issues Structural issues Structural issues Parliamentary Control issues Parliamentary Control issues GHK Study (1)

14. Minimalist Scenario Minimalist Scenario Intermediate Scenario Intermediate Scenario Maximalist Scenario Maximalist Scenario GHK Study (2)

15. Initiation Initiation  NMs participation under the lead of MS, others than their own, in investigation and prosecution  Eurojust to order investigative measures  Autonomous investigative power as Eurojust Coordination and cooperation Coordination and cooperation  Systematic follow-up of coordination meetings Conflicts of jurisdiction Conflicts of jurisdiction  Jurisdiction to investigate and to prosecute  Positive conflicts  Negative conflicts  Develop and apply legally binding concepts, criteria and procedure for examining and resolving conflicts of jurisdiction Maximalist Policy Options

16. Thank you for your attention!