Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic, with a view to adopting a Council Decision of … on the European Judicial Network
Date: 2008-02-27
Institutions: Austria, Belgium, Czechia, Estonia, France, Italy, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden
Subjects: European judicial area, fight against crime, judicial cooperation in criminal matters in the EU, operation of the Institutions

C 54/14

EN

Official Journal of the European Union

27.2.2008

Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of
Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian
Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic,
the Republic of Estonia, the Republic of Austria and the Portuguese Republic, with a view to
adopting a Council Decision of … on the European Judicial Network

(2008/C 54/03)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particu-
lar Articles 31 and 34(2)(c) thereof,

Having regard to the initiative of the Republic of Slovenia, the
French Republic, the Czech Republic, the Kingdom of Sweden,
the Kingdom of Spain, the Kingdom of Belgium, the Republic of
Poland, the Italian Republic, the Grand Duchy of Luxembourg,
the Kingdom of
the
Republic of Estonia, the Republic of Austria and the Portuguese
Republic,

the Slovak Republic,

the Netherlands,

(6)

(7)

Five years of coexistence of Eurojust and the European
Judicial Network have demonstrated both the need to
maintain the two structures and the need to clarify their
relationship.

It is necessary to strengthen judicial cooperation between
the Member States of the European Union and to allow
the European Judicial Network and
contact points of
Eurojust
this purpose to communicate whenever
needed, directly and more efficiently through a secure
telecommunications network,

for

Having regard to the Opinion of the European Parliament,

HAS ADOPTED THIS DECISION:

Whereas:

(1)

(2)

(3)

(4)

(5)

Set up by Joint Action 98/428/JHA of 29 June 1998 (1),
the European Judicial Network has demonstrated its
usefulness in the facilitation of judicial cooperation in
criminal matters.

In accordance with Article 53 of
the Convention of
19 June 1990 implementing the Schengen Agreement
and Article 6 of the Convention of 29 May 2000 on
Mutual Assistance in Criminal Matters between the
Member States of the European Union, mutual legal assis-
tance takes place through direct contacts between compe-
tent judicial authorities. This decentralisation of mutual
legal assistance is now widely implemented.

The principle of mutual recognition of judicial decisions
in criminal matters is implemented gradually. It not only
confirms the principle of direct contacts between compe-
tent judicial authorities; it also fixes the procedures and
makes them entirely judicial.

The impact of these changes to judicial cooperation was
further increased by the enlargement of the European
Union in 2004 and 2007. Because of this evolution, the
European Judicial Network is even more necessary than
at the time of its creation and must therefore be strength-
ened.

authorities of

Eurojust was set up by Decision 2002/187/JHA (2) to
improve coordination and cooperation between compe-
States. Decision
tent
2002/187/JHA provides that Eurojust
is to maintain
privileged relations with the European Judicial Network
based on consultation and complementarity.

the Member

(1) OJ L 191, 7.7.1998, p. 4.
(2) Council Decision 2002/187/JHA of 28 February 2002 setting up
Eurojust with a view to reinforcing the fight against serious crime
(OJ L 63, 6.3.2002, p. 1).

Article 1

Creation

judicial contact points set up between the
The network of
Member States under
Joint Action 98/428/JHA, hereinafter
referred to as the ‘European Judicial Network’, shall continue to
operate in accordance with the provisions of this Decision.

Article 2

Composition

the constitutional

The European Judicial Network shall be made up, taking
1.
into account
traditions and
internal structure of each Member State, of the central authori-
ties responsible for international
judicial cooperation and the
judicial or other competent authorities with specific responsibil-
ities within the context of international cooperation.

rules,

legal

2.
One or more contact points of each Member State shall be
established in accordance with its internal rules and internal
division of responsibilities, care being taken to ensure effective
coverage of the whole of its territory.

Each Member State shall appoint, among the contact
the European Judicial

3.
points, a national correspondent
Network.

for

4.
Each Member State shall ensure that its contact points
have functions in relation to judicial cooperation in criminal
matters and an adequate knowledge of a language of
the
European Union other than its own national language, bearing
in mind the need to be able to communicate with the contact
points in the other Member States. Before appointing a new
contact point, the Member States may seek the national corre-
spondents' opinion.

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Official Journal of the European Union

C 54/15

5. Where the liaison magistrates referred to in Joint Action
96/277/JHA (1) have been appointed in a Member State and
have duties analogous to those assigned by Article 4 to the
contact points, they shall be linked to the European Judicial
Network and to the
telecommunications network
pursuant to Article 10 by the Member State appointing the
liaison magistrate in each case, in accordance with the proce-
dures to be laid down by that State.

secure

The Commission shall designate a contact point for those

6.
areas falling within its sphere of competence.

The European Judicial Network shall have a Secretariat
7.
which shall be responsible for
the
network, in cooperation and in consultation with the Presidency
of the Council. The Secretariat may represent the Network, in
consultation with the Presidency.

the administration of

Article 3

Manner of operation of the network

The European Judicial Network shall operate in particular in the
following three ways:

(a) it shall facilitate the establishment of appropriate contacts
between the contact points in the various Member States in
order to carry out the functions laid down in Article 4;

(b) it shall organise periodic meetings of the Member States'
representatives in accordance with the procedures laid down
in Articles 5, 6 and 7;

(c) it shall constantly provide a certain amount of up-to-date
background information,
in particular by means of an
appropriate telecommunications network, under the proce-
dures laid down in Articles 8, 9 and 10.

Article 4

Functions of

contact point

including

the national

correspondent

1.
The contact points, including the national correspondent,
shall be active intermediaries with the task of facilitating judicial
cooperation between Member States, particularly in action to
combat forms of serious crime. They shall be available to enable
local
judicial authorities and other competent authorities in
their own country, contact points in the other countries and
local judicial and other competent authorities in the other coun-
tries to establish the most appropriate direct contacts.

information necessary to enable them to prepare an effective
request for judicial cooperation or to improve judicial coopera-
tion in general.

3.
At their respective level the contact points, including the
national correspondent, shall organise training sessions on judi-
cial cooperation for the benefit of the competent authorities of
their Member State, in cooperation with the European Judicial
Training Network.

Article 5

Purposes of the periodic meetings of contact points

The purposes of the periodic meetings of the European
two contact points per
least

1.
Judicial Network,
to which at
Member State shall be invited, shall be as follows:

(a) to allow the contact points to get to know each other and
exchange experience, particularly concerning the operation
of the network;

(b) to provide a forum for discussion of practical and legal
problems encountered by the Member States in the context
of
in particular with regard to the
implementation of measures adopted by the European
Union.

judicial cooperation,

The relevant experience acquired within the European Judi-
2.
cial Network shall be passed on to the competent European
Union working parties to serve as a basis for discussion of
possible legislative changes and practical improvements in the
area of international judicial cooperation.

Article 6

Frequency of plenary meetings

The European Judicial Network plenary, composed of
the
national correspondents, shall meet periodically on an ad hoc
basis, at least once a year and as its members feel the need, at
the invitation of the Presidency of the Council, which shall also
take account of the Member States' wishes for the Network to
meet.

Article 7

Venue of meetings

They may if necessary travel to meet other Member States'
contact points, on the basis of an agreement between the
administrations concerned.

1. Meetings may be held on the premises of the Council in
Brussels,
in accordance with the provisions laid down in the
Council's Rules of Procedure.

2.
The contact points, including the national correspondent,
shall provide the local judicial authorities in their own country,
the contact points in the other countries and the local judicial
authorities in the other countries with the legal and practical

(1) OJ L 105, 27.4.1996, p. 1.

2.
However, alternative meetings in the Member States may
be held to enable the contact points of all the Member States to
meet authorities of the host State other than its contact points
and visit specific bodies in that State with responsibilities in the
context of international
judicial cooperation or of combating
certain forms of serious crime.

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Official Journal of the European Union

27.2.2008

Article 8

Article 11

Content of

the information disseminated within the

European Judicial Network

The European Judicial Network shall make the following infor-
mation available to contact points and competent judicial autho-
rities:

1. full details of the contact points in each Member State with,
where necessary, an explanation of their responsibilities at
national level;

2. an IT tool allowing the issuing authority of a Member State
to identify the competent authority in another Member State
to receive and execute its request for judicial cooperation,
including European Arrest Warrants, European Evidence
Warrants, orders for the freezing of assets and requests for
mutual legal assistance;

3. concise legal and practical information concerning the judi-

cial and procedural systems in the Member States;

4. the texts of the relevant legal instruments and, for conven-
tions currently in force, the texts of declarations and reserva-
tions.

Article 9

Updating of information

The information distributed within the European Judicial

1.
Network shall be constantly updated.

2.
It shall be each Member State's individual responsibility to
check the accuracy of the data contained in the system and to
inform the Secretariat of the European Judicial Network imme-
diately as soon as data on one of the four points referred to in
Article 8 need to be amended.

Article 10

Telecommunication Tools

1.

The European Judicial Network shall ensure that:

(a) the information provided under Article 8 is made available

on a website which is constantly updated;

(b) a secure telecommunications network is set up for the
operational work of the contact points of the European Judi-
cial Network;

(c) the secure telecommunications network makes possible the
flow of data and of all requests for judicial cooperation
between Member States, as well as between them and the
national members, national correspondents of Eurojust and
liaison magistrates appointed by Eurojust.

2.
The secure telecommunications network referred to in
paragraph 1 may also be used for their operational work by the
national correspondents, national correspondents for terrorist
matters, the national members of Eurojust and liaison magis-
trates appointed by Eurojust.
It may be linked to the Case
Management System of Eurojust referred to in Article 16 of
Decision 2002/187/JHA.

Relationship between the European Judicial Network and
Eurojust

1.
The European Judicial Network and Eurojust shall main-
tain privileged relations with each other, based on consultation
and complementarity, especially between the national member
of Eurojust, the European Judicial Network contact points of the
same Member State and the national correspondents of Eurojust
and of the European Judicial Network. In order to ensure effi-
cient cooperation the following measures shall be taken:

(a) Eurojust shall have access to centralised information from
the European Judicial Network in accordance with Article 8
this Decision and to the secured telecommunication
of
network set up under Article 10 of this Decision;

(b) without prejudice to Article 13 of Decision 2002/187/JHA
and in accordance with Article 4(4) of this Decision, the
contact points of the European Judicial Network shall, on a
case-by-case basis, inform Eurojust on cases involving two
Member States and entering the field of competence of
Eurojust:

— in cases where conflicts of jurisdiction are likely to arise,

or

— in cases of a refusal of a request for judicial cooperation,
including European Arrest Warrants, European Evidence
Warrants, orders for the freezing of assets and requests
for mutual legal assistance;

(c) the contact points of the European Judicial Network shall
also inform Eurojust, on a case-by-case basis, on all cases
entering the field of competence of Eurojust and involving
at least three Member States;

(d) national members shall, on a case-by-case basis,

inform
European Judicial Network contact points on all cases with
which the network is deemed better able to deal;

(e) the Secretariat of the European Judicial Network shall form
part of the Eurojust secretariat. It shall function as a separate
and autonomous unit.
It may draw on the resources of
Eurojust which are necessary for the performance of the
European Judicial Network's tasks. The rules applying to
Eurojust staff shall apply to the staff of the European Judicial
Network's secretariat where this is not incompatible with
European Judicial
the operational
Network's secretariat;

autonomy of

the

(f) the national members of Eurojust may attend meetings of
the European Judicial Network at
the latter's invitation.
European Judicial Network contact points may be invited on
a case-by-case basis to attend Eurojust meetings.

The European Judicial Network shall be supported by
expenses of
covered by the
in accordance with Article 33 of Decision

2.
the Administration of Eurojust. Operational
the European Judicial Network may be
Eurojust budget
2002/187/JHA.

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Official Journal of the European Union

C 54/17

Article 12

Article 15

Informing the Council and the Commission

The Administrative Director of Eurojust and the Presidency of
the Council shall report to the Council and the Commission in
writing every second year on the activities and management,
including budgetary management, of
the European Judicial
Network. To that end, the Presidency shall prepare a bi-annual
report on the activities of the European Judicial Network and on
any criminal policy problems within the Union highlighted as a
result of
In that
the European Judicial Network's activities.
report, the European Judicial Network, through the Presidency,
may also make proposals for the improvement of judicial coop-
eration in criminal matters. The European Judicial Network may
also submit any report or any other information on the opera-
tion of the European Judicial Network which may be required
by the Council or the Presidency.

Article 13

Budget

The budget of Eurojust shall, in accordance with Article 35(1)
of Decision 2002/187/JHA,
include a specific part on the
European Judicial Network in order for it to be able to carry out
its tasks.

Assessment of

the operation of
Network

the European Judicial

The Council shall, every four years, carry out an assessment of
the operation of the European Judicial Network on the basis of
a report drawn up by the Commission, in cooperation with the
European Judicial Network.

Article 16

Repeal of Joint Action 98/428/JHA

Joint Action 98/428/JHA is hereby repealed.

Article 17

Entry into force

This Decision shall enter into force on the day of its publication
in the Official Journal of the European Union.

Article 14

Territorial application

Done at Brussels, …

As regards the United Kingdom, the provisions of this Decision
shall apply to the United Kingdom of Great Britain and
Northern Ireland, the Channel Islands and the Isle of Man.

For the Council

The President

…