Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network
Date: 2008-12-16
Institutions: Council of the European Union
Subjects: Eurojust, criminal law, exchange of information, information network, information technology, judicial cooperation in criminal matters in the EU, operation of the Institutions

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Official Journal of the European Union

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III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY

COUNCIL DECISION 2008/976/JHA

of 16 December 2008

on the European Judicial Network

THE COUNCIL OF THE EUROPEAN UNION,

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

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

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

By Joint Action 98/428/JHA (2), the Council set up the
European Judicial Network which has demonstrated its
usefulness in the facilitation of judicial cooperation in
criminal matters.

the Convention on
In accordance with Article 6 of
Mutual Assistance in Criminal Matters between the
Member States of the European Union (3), mutual legal
assistance takes place through direct contacts between
competent
judicial authorities. This decentralisation of
mutual legal assistance is now widely implemented.

(3)

(4)

(5)

(6)

(7)

(8)

The principle of mutual recognition of judicial decisions
in criminal matters is being implemented gradually. It
not only confirms
the principle of direct contacts
between competent judicial authorities, it also accelerates
the procedures and makes them entirely judicial.

The impact of these changes on 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 should therefore be
strengthened.

By Decision 2002/187/JHA (4),
set up
the Council
coordination and cooperation
Eurojust
to improve
the Member States.
between competent authorities of
Decision 2002/187/JHA provides that Eurojust
is to
maintain privileged relations with the European Judicial
Network based on consultation and complementarity.

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.

Nothing in this Decision should be construed to affect
the independence that contact points may have under
national law.

It is necessary to strengthen judicial cooperation between
the Member States and to allow contact points of the
European Judicial Network and Eurojust for this purpose
to communicate, whenever needed, directly and more
efficiently
telecommunications
connection.

through

secure

a

(1) Opinion delivered on 2 September 2008 (not yet published in the

Official Journal).

(2) OJ L 191, 7.7.1998, p. 4.
(3) OJ C 197, 12.7.2000, p. 3.

(9)

Joint Action 98/428/JHA should therefore be repealed
and replaced by this Decision,

(4) OJ L 63, 6.3.2002, p. 1.

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HAS DECIDED AS FOLLOWS:

Article 1

Creation

The European Judicial Network shall have a Secretariat
the

8.
which shall be responsible for
Network.

the administration of

Article 3

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.

Manner of operation of the Network

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

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 auth­
orities responsible for international judicial cooperation and the
judicial or other competent authorities with specific responsi­
bilities within the context of international cooperation.

rules,

legal

(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
laid

in accordance with the procedures

representatives
down in Articles 5 and 6;

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.

(c)

it shall constantly provide a certain amount of up-to-date
in particular by means of an
background information,
appropriate
the
network,
telecommunications
procedures laid down in Articles 7, 8 and 9.

under

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

3.
points, a national correspondent
Network.

for

Each Member State shall appoint a tool correspondent for

4.
the European Judicial Network.

5.
Each Member State shall ensure that its contact points
have functions in relation to judicial cooperation in criminal
matters
the
European Union other
language,
bearing in mind the need to be able to communicate with
the contact points in the other Member States.

and adequate knowledge of

than its own national

language of

a

6. Where the liaison magistrates referred to in Council Joint
Action 96/277/JHA of 22 April 1996 concerning a framework
for the exchange of liaison magistrates to improve judicial co­
operation between the Member States of the European Union (1)
have been appointed in a Member State and have duties
analogous to those assigned by Article 4 of this Decision to
the contact points, they shall be linked to the European Judicial
Network and to the secure telecommunications connection
pursuant to Article 9 of this Decision by the Member State
appointing the liaison magistrate in each case,
in accordance
with the procedures to be laid down by that Member State.

The Commission shall designate a contact point for those

7.
areas falling within its sphere of competence.

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

Article 4

Functions of contact points

1.
The contact points shall be active intermediaries with the
task of facilitating judicial cooperation between Member States,
particularly in actions to combat forms of serious crime. They
shall be available to enable local judicial authorities and other
competent authorities in their own Member State, contact
points in the other Member States and local
judicial and
other competent authorities in the other Member States to
establish the most appropriate direct contacts.

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

The contact points shall provide the local

judicial auth­
2.
orities in their own Member State, the contact points in the
judicial authorities in the
other Member States and the local
other Member States with the legal and practical
information
necessary to enable them to prepare an effective request for
judicial cooperation or
to improve judicial cooperation in
general.

At

their

respective level

3.
shall be
involved in and promote the organisation of training sessions
on judicial cooperation for the benefit of the competent auth­
orities of their Member State, where appropriate in cooperation
with the European Judicial Training Network.

the contact points

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The national correspondent, in addition to his tasks as a
in

referred to in paragraphs 1 to 3, shall

4.
contact point
particular:

(a) be responsible, in his Member State, for issues related to the
internal functioning of the Network, including the coordi­
nation of requests for information and replies issued by the
competent national authorities;

(b) be the main person responsible for the contacts with the
Secretariat of the European Judicial Network including the
participation in the meetings referred to in Article 6;

(c) where

requested,

give

an

opinion

concerning

the

appointment of new contact points.

5.
The European Judicial Network tool correspondent, who
may also be a contact point referred to in paragraphs 1 to 4,
shall ensure that the information related to his Member State
and referred to in Article 7 is provided and updated in
accordance with Article 8.

Article 5

Purposes and venues of the plenary meetings of contact
points

1.
The purposes of the plenary meetings of the European
Judicial Network, to which at least three contact points per
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;

encountered by the Member States

(b) to provide a forum for discussion of practical and legal
in the
in particular with regard
adopted by the

problems
context of judicial cooperation,
to the
European Union.

implementation of measures

2.
The relevant experience acquired within the European
Judicial Network shall be passed on to the Council and the
Commission to serve as a basis for discussion of possible legis­
lative changes and practical improvements in the area of inter­
national judicial cooperation.

3. Meetings referred to in paragraph 1 shall be organised
three times a year. Once a year, the
regularly and at least
meeting may be held on the premises of
in
Brussels or on the premises of Eurojust in The Hague. Two
contact points per Member States shall be invited to meetings
organised on the premises of the Council and at Eurojust.

the Council

Other meetings may be held in the Member States, to enable
the contact points of all the Member States to meet authorities
of the host Member State other than its contact points and visit
specific bodies in that Member State with responsibilities in the
judicial cooperation or of combating
context of international
certain forms of serious crime. The contact points participate
in these meetings at their own expense.

Article 6

Meetings of the correspondents

1.
The European Judicial Network national correspondents
shall meet on an ad hoc basis, at least once a year and as its
members deem appropriate, at the invitation of the national
correspondent of the Member State which holds the Presidency
of the Council, which shall also take account of the Member
States wishes for the correspondents to meet. During these
meetings, administrative matters related to the Network shall
in particular be discussed.

2.
The European Judicial Network tool correspondents shall
meet on an ad hoc basis, at least once a year and as its members
deem appropriate, at the invitation of the tool correspondent of
the Member State which holds the Presidency of the Council.
referred to in
The meetings
Article 4(5).

shall deal with the

issues

Article 7

Content of

the information disseminated within the

European Judicial Network

The Secretariat of the European Judicial Network shall make the
following
and
competent judicial authorities:

information available

contact

points

to

(a)

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

(b) an information technology tool allowing the requesting or
issuing authority of a Member State to identify the
competent authority in another Member State to receive
and execute its request for, and decisions on,
judicial co­
operation, including regarding instruments giving effect to
the principle of mutual recognition;

(c) concise legal and practical

information concerning the

judicial and procedural systems in the Member States;

(d) the

texts of

the
conventions currently in force,
and reservations.

relevant

legal

instruments

for
the texts of declarations

and,

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Article 8

Updating of information

and the secure telecommunications connection set up under
Article 9;

The information distributed within the European Judicial

1.
Network shall be constantly updated.

It shall be each Member State’s individual responsibility to
2.
check the accuracy of the data contained in the system and to
inform the Secretariat of the European Judicial Network as soon
as data on one of the four points referred to in Article 7 need
to be amended.

(b) the contact points of the European Judicial Network shall,
on a case-by-case basis, inform their own national member
of all cases which they deem Eurojust to be in a better
position to deal with;

(c)

the national members of Eurojust may attend meetings of
the European Judicial Network at the invitation of the latter.

Article 9

Telecommunication tools

Article 11

Budget

1.
The Secretariat of the European Judicial Network shall
ensure that the information provided under Article 7 is made
available on a website which is constantly updated.

In order for the European Judicial Network to be able to carry
out its tasks, the budget of Eurojust shall contain a part related
to the activities of
the European Judicial
the Secretariat of
Network.

The secure telecommunications connection shall be set up
2.
for the operational work of the contact points of the European
Judicial Network. The setting up of the secure telecommuni­
cations connection shall be at
the general
budget of the European Union.

the charge of

The setting up of the secure telecommunications connection
shall make possible the flow of data and of requests for
judicial cooperation between Member States.

3.
The secure telecommunications connection referred to in
paragraph 2 may also be used for their operational work by the
national correspondents for Eurojust, national correspondents
for Eurojust
the national members of
Eurojust and liaison magistrates appointed by Eurojust. It may
be linked to the Case Management System of Eurojust referred
to in Article 16 of Decision 2002/187/JHA.

for terrorist matters,

4.
Nothing in this Article shall be construed to affect direct
contacts between competent judicial authorities as provided for
in instruments on judicial cooperation, such as Article 6 of the
Convention on Mutual Assistance in Criminal Matters between
the Member States of the European Union.

Article 10

Relationship between the European Judicial Network and
Eurojust

The European Judicial Network and Eurojust shall maintain
privileged relations with each other, based on consultation
and complementarity, especially between the contact points of
a Member State, the Eurojust national member of the same
Member State
the
In order to ensure
European Judicial Network and Eurojust.
efficient cooperation, the following measures shall be taken:

and the national

correspondents

for

Article 12

Territorial application

The United Kingdom shall notify in writing the President of the
Council when it wishes to apply this Decision to the Channel
Islands and the Isle of Man. A decision on that request shall be
taken by the Council.

Article 13

Assessment of

the operation of
Network

the European Judicial

Every second year from 24 December 2008, the European
1.
Judicial Network shall report to the European Parliament, the
Council and the Commission on its activities and management.

The European Judicial Network may, in the report referred
2.
to in paragraph 1, also indicate any criminal policy problems
within the European Union highlighted as a result of
the
European Judicial Network’s activities and it may also make
proposals
judicial cooperation in
criminal matters.

the improvement of

for

3.
The European Judicial Network may also submit any
report or any other information on its operation which may
be requested by the Council.

4.
The Council shall, every four years from 24 December
the
2008, carry out an assessment of
European Judicial Network on the basis of a report drawn up
by the Commission in cooperation with the European Judicial
Network.

the operation of

Article 14

(a)

the European Judicial Network shall make available to
Eurojust the centralised information indicated in Article 7

Repeal of Joint Action 98/428/JHA

Joint Action 98/428/JHA is hereby repealed.

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Taking of effect
This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

Article 15

Done at Brussels, 16 December 2008.

For the Council
The President

R. BACHELOT-NARQUIN