10 Utrecht L. Rev. 132 (2014)
European Agencies for Criminal Justice and Shared Enforcement (Eurojust and the European Public Prosecutor's Office)

handle is hein.journals/utrecht10 and id is 819 raw text is: European Agencies for Criminal Justice and Shared Enforcement
(Eurojust and the European Public Prosecutor's Office)
Michiel Luchtman
John Vervaele*
1. Introduction
European agencies are playing an increasing role in the area of freedom, security and justice (AFSJ). The
European Police College (CEPOL), the European Asylum Support Office (EASO), the European Institute
for Gender Equality (EIGE), the European Monitoring Centre for Drugs and Drug Addiction (EMCCDA),
the European Agency for large-scale IT systems (eu-LISA), Europol, Eurojust, the Fundamental Rights
Agency (FRA) and the External Action Service (EEAS), that includes EU SITCEN, are the new players
in the field and they operate even as a Justice and Home Affairs (JHA) network. This network proposes
new measures and concrete actions, both in relation to their cooperation as well as to their functioning
in the AFSJ, and they have reporting duties to the Standing Committee on Operational Cooperation
on Internal Security (COSI). In 2011 at COSI they presented a final report on enhanced cooperation
between the JHA agencies and a final scoreboard on JHA cooperation.2 Compared to classic EU agencies
in the field of the internal market, the AFSJ agencies, also indicated as Justice and Home Affairs agencies
(the JHA nomination of the Treaty of Maastricht's third pillar), certainly have less regulatory and more
operational powers. They also have as their distinctive feature that their operational activity is strongly
interlinked with the national law enforcement communities.
If we concentrate on the criminal law dimension and judicial cooperation in the AFSJ, we can limit
our analysis to Eurojust and the proposed European Public Prosecutor's Office (EPPO).' There is no
doubt that the supranational designs of these European judicial agencies, even if they would dispose
of European-wide investigative powers in the common European territoriality of the AFSJ, would still
need to be embedded in the national justice systems. The reasons for this shared enforcement design
are multiple. In criminal justice, adjudication is the exclusive competence of the Member States. This
means that all prosecutions and trial procedures are national. The investigative and prosecutorial efforts
of European agencies have as their final destination: criminal evidence in national procedures. Even
during the investigations, the European judicial authorities will therefore have to continually interact
*  Dr. M.J.J.P. Luchtman (e-mail:       ), Associate Professor at the Willem Pompe Institute for Criminal Law and Criminology
and the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE), Utrecht University (the Netherlands). Prof. Dr.
J.A.E. Vervaele (e-mail:          ), Professor of Economic and European Criminal Law, Utrecht University School of Law (the
Netherlands) and Professor of European Criminal Law, College of Europe/Bruges (Belgium).
1  <                                                                           > (last visited 17 November 2014).
2  <                                                                            > (last visited 17 November 2014).
3  We do not list here the European Judicial Network (EJN) as it is basically a horizontal network and cannot be qualified as an European
agency; Joint Action 98/428/JHA of 29 June 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on
the creation of a European Judicial Network, OJ L 191, 7.7.1998, pp. 4-7.
http://www.utrechtlawreview.org / Volume 10, Issue 5 (December) 2014 / URN:NBN:NLUI:10-1-115850 f I  rum

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