Eurojust Third Country Agreements

Another way forward is to convince other third countries to enter into cooperation agreements with Eurojust and to set up Eurojust`s second-largest prosecutors, which will allow these countries to actively use Eurojust and make its services available to their national authorities. Switzerland has done so and I can only recommend it. This is clearly a «win-win» situation which, after all, is a relatively rare situation in the fight against crime. For example, the Pollino case: severe crackdown on the Ndrangheta mafia in Europe, 5 December 2018/2018-2018-12-05_Infographic-Crackdown-on-Ndrangheta.pdf and the Santa Lucia case: Santa Lucia, 2017/2017-Operation-SantaLucia.pdf Video:↩ By reassessing this feedback and organising regular meetings for practitioners, where specific issues and challenges of judicial cooperation will be discussed and exchanged experiences, Eurojust provides knowledge bases for practitioners and provides guidelines for the benefit of national authorities22. To the same extent, Eurojust regularly examines how the European Court of Justice (ECJ) envisages the use of instruments of mutual cooperation.23 Although the EU`s instruments of mutual recognition have been adopted, the standards set by the ECJ are the most valuable for judicial cooperation with third countries. In order to achieve effective operational cooperation, a clear legal basis for the exchange of personal data is needed. Under the current legal framework, Eurojust has a mandate to conclude such agreements. In order to enable the exchange of personal data with third countries (or institutions, bodies and agencies close to the EU), Eurojust must conclude a cooperation agreement according to a specific procedure including the participation of the Council of the EU and the common supervisory body5. Subject to the agreement and where the case involves at least one Member State and is referred to Eurojust, the national authorities of third countries may use all of Eurojust`s operational activities described in the following chapter on Eurojust`s powers. Operational cooperation with third countries can be strengthened by the detachment of liaison prosecutors6 from these countries with Eurojust. This advanced form of cooperation, specifically envisaged in the Eurojust decision, allows these countries to have their own permanent prosecutors at Eurojust`s headquarters in The Hague, allowing them to interact directly with Eurojust`s national members and to call on Eurojust`s operational support. The benefits of such cooperation are reciprocal. The same benefits of direct operational cooperation are also available to all Eurojust national members and their national authorities with regard to cooperation with such a third country, represented by a liaison judge at Eurojust.

The value of Eurojust`s coordination assistance has been invaluable in many cases, led by the competent national authorities of virtually all Member States.21 However, this support is not limited to EU Member States alone.

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