EUROPEAN COMMISSION
Brussels, 24.6.2026
SWD(2026) 570 final
COMMISSION STAFF WORKING DOCUMENT
IMPACT ASSESSMENT REPORT
Accompanying the document
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the European Union Agency for Criminal Justice Cooperation (Eurojust) and repealing Regulation (EU) 2018/1727
{COM(2026) 570 final} - {SEC(2026) 570 final} - {SWD(2026) 571 final} - {SWD(2026) 572 final} - {SWD(2026) 573 final}
1.Introduction: Political and legal context
1.1.Eurojust
1.2.Legal context: the Eurojust Regulation
1.3.Political context
2.Problem definition
2.1.Suboptimal efficiency of Eurojust’s internal organisation and processes
2.1.1. What is the problem?
2.1.2. What are the problem drivers?
2.2.Limitations in Eurojust’s interaction with partners
2.2.1. What is the problem?
2.2.2. What are the problem drivers?
2.3.How likely are the problems to persist (in absence of external intervention)?
2.3.1. Internal structural and governance limitations
2.3.2. External interaction and cooperation
3.Why should the EU act?
3.1.Legal basis
3.2.Subsidiarity: Necessity of EU action
3.3.Subsidiarity: Added value of EU action
4.Objectives: What is to be achieved?
4.1.General objective
4.2.Specific objectives
5.What are the available policy options?
5.1.What is the baseline from which the options are assessed?
5.2.Description of the policy options per specific objective
5.2.1.Specific Objective 1: Strengthen Eurojust’s Internal Functioning, Governance and Operational Performance
5.2.1.1
Area of intervention A. Extending the scope of material competences to face the new judicial landscape
5.2.1.2
Area of intervention B. Harmonising Member State implementation of the EJR, including on allocation of cases
5.2.1.3
Area of intervention C. Establishing a streamlined, coherent and role-clear governance system that accelerates decision-making
5.2.2.Specific Objective 2: Achieve optimal operational integration with Member States, EU partners and third countries
5.2.2.1
Area of intervention D. Fostering and strengthening structured operational cooperation with Europol
5.2.2.2
Area of intervention E. Promoting fully developed cooperation with the EPPO
5.2.2.3
Area of intervention F. Consolidating cooperation with third countries and international organisations
5.3.Measures discarded at an early stage
6.What is the impact of the policy options?
6.1.Specific Objective 1
6.2.Specific Objective 2
7.How do the options compare?
8.Preferred option
8.1.Presentation of the cumulative impact of the preferred option
8.2.Impact of the preferred option
8.2.1. Effectiveness
8.2.2. Efficiency
8.2.3. Coherence
8.2.4. Impacts on Fundamental Rights
8.3.Refit (simplification and improved efficiency) and ‘one in, one out’ approach
9.How will actual impacts be monitored and evaluated?
9.1. Measurable indicators of success and proposed targets
9.2. Operational objectives and related indicators proposed
Glossary
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Term or acronym
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Meaning or definition
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AD
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Administrative Director
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AFA
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Anti-fraud Architecture
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AMLA
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Anti-Money Laundering Agency
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ARO
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Asset Recovery Office
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CAAR
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Consolidated Annual Activity Report
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CATS
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Informal Coordinating Committee in the area of police and judicial cooperation in criminal matters
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CC
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Coordination Centres
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CEPOL
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European Union Agency for Law Enforcement Training
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CF
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Consultative Forum of Prosecutors General and Directors of Public Prosecutions
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CICED
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Core International Crimes Evidence Database
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CM
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Coordination Meeting
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CMS
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Case Management System
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CTR
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European Judicial Counter-Terrorism Register
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DG HOME
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Directorate-General for Migration and Home Affairs
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DG JUST
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Directorate General for Justice and Consumers
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DPR
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Data Protection Rules
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EAW
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European Arrest Warrant
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ECRIS
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European Criminal Records Information System
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ECRIS-TCN
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European Criminal Records Information System – Third Country Nationals
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EDPS
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European Data Protection Supervisor
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EJN
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European Judicial Network
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EJR
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Eurojust Regulation
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EIO
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European Investigation Order
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EMPACT
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European Multidisciplinary Platform Against Criminal Threats
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ENCS
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Eurojust National Coordination Systems
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EPPO
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European Public Prosecutor’s Office
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EU
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European Union
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EUCA
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European Union Customs Authority
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EUDPR
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EU Data Protection Regulation
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Eurojust
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European Union Agency for Criminal Justice Cooperation
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Europol
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European Union Agency for Law Enforcement Cooperation
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eu-LISA
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European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice
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EB
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Executive Board
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FRA
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European Union Agency for Fundamental Rights
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FRONTEX
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European Border and Coast Guard Agency
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FTE
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Full-Time Equivalent
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GBV
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Gender-Based Violence
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IBOA
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EU institutions, bodies, offices and agencies
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ICF
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Internal Control Framework
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ICPA
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International Centre for the Prosecution of the Crime of Aggression against Ukraine
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JHA
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Justice and Home Affairs
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JIT
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Joint Investigation Team
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JOP
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Joint Operational Platform
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JUDEX
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JUstice Digital EXchange system, the constellation of decentralised IT systems established by various EU legal instruments in civil, commercial, and criminal matters
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KPI
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Key Performance Indicator
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LM
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Liaison Magistrate
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LP
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Liaison Prosecutor
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MAS
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Multi-Annual Strategy
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MB
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Management Board
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MFF
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Multiannual Financial Framework (EU financial programming)
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MLA
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Mutual Legal Assistance
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MoJ
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Ministry of Justice
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NM
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National Member
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OLAF
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European Anti-Fraud Office
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PIF
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Protection of the European Union’s financial interests. In EU criminal law, it refers to offences that harm the EU budget, such as fraud, corruption, or related financial crime.
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RACER
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SMART
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SOCTA
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Serious and Organised Crime Threat Assessment
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TEU
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Treaty on European Union
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TFEU
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Treaty on the Functioning of the European Union
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VURM
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Violation of Union Restrictive Measures
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1.
Introduction: Political and legal context
1.1.
Eurojust
Eurojust is the EU agency for criminal justice cooperation, supporting national authorities in combating serious cross-border crime by strengthening coordination between national authorities. As criminal networks increasingly operate across borders, national authorities rely on Eurojust to facilitate parallel investigations across multiple Member States, resolve conflicts of jurisdiction, coordinate prosecutorial strategies and support the gathering and exchange of evidence.
Originally proposed in the Tampere Programme of 1999, Eurojust was formally established in 2002 as an intergovernmental body under the Third Pillar on Police and Judicial Cooperation in Criminal Matters. The Treaty of Lisbon transformed it into an EU agency within the ‘Area of Freedom, Security and Justice’ in the TFEU, culminating in Regulation (EU) 2018/1727 on the European Union Agency for Criminal Justice Cooperation (EJR), which modernised its governance and aligned it with post-Lisbon EU agency structures. This Regulation has since been amended three times in a targeted manner to address pressing operational needs: Regulation (EU) 2022/838, created the Core International Crimes Evidence Database (CICED) following Russia’s full-scale war of aggression against Ukraine; Regulation (EU) 2023/2131, strengthened information-sharing in terrorism cases; and Regulation (EU) 2025/2082, extended the timeframe for the establishment of the new Eurojust Case Management System (CMS).
Today, Eurojust is an indispensable operational and strategic hub for judicial cooperation, directly supporting the fight against cross-border criminal cases.
1.2.
Legal context: the Eurojust Regulation
Eurojust’s mandate, structure, and operational framework are governed by the EJR, which establishes it as a decentralised EU agency with legal personality. The Regulation defines the mission of Eurojust as supporting and strengthening coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime, particularly in cases affecting multiple Member States, based on information supplied by Member States’ authorities, Europol, the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF).
Eurojust’s material competence extends to serious forms of crime listed in Annex I of the EJR, and related offences. While Eurojust itself does not exercise prosecutorial powers, the EJR equips it with coordination tools that go beyond informal facilitation. These include the power to request national authorities to initiate investigations, to recommend jurisdictional leadership, and to issue opinions to resolve disputes.
Operational tasks are performed by National Members (NMs) – judicial representatives from each Member State – who may act in individual capacity or collectively as the College. This ensures that all actions undertaken remain grounded in national law, while enabling coordination among Member States. Strategic planning and management are, as a rule, entrusted to the Executive Board (EB) and Administrative Director (AD).
Eurojust’s operational model relies on multilateral judicial coordination, primarily through case management, Joint Investigation Teams (JITs), and strategic platforms like the Counter-Terrorism Register.
Recent years have seen a shift toward crisis-driven coordination, exemplified by Eurojust’s pivotal role in the International Centre for the Prosecution of the Crime of Aggression (ICPA). Established under the CICED framework, ICPA facilitates evidence-sharing for war crimes linked to Russia’s aggression in Ukraine, requiring close collaboration with the ICC, Europol’s War Crimes Task Force, and national war crimes units. This expansion underscores Eurojust’s evolving mandate in international criminal justice, with resource demands outpacing current capacities.
The Regulation imposes on Member States specific information-sharing obligations, coupled with data protection rules (DPR) governing the transfer of data. It also provides the legal basis for Eurojust’s CMS.
Finally, it establishes a framework for cooperation with judicial networks – notably the European Judicial Network (EJN) – as well as Europol and the EPPO, other EU institutions, bodies, offices and agencies (IBOAs), third countries, and international organisations.
Internal functioning of Eurojust
The main governance organs of Eurojust are the Eurojust’s College, the Executive Board (EB) and the Administrative Director (AD). The College is the body in charge of operational and operational-related decisions; it is chaired by the President, who is a National Member elected by their peers for a four-year term and is assisted by two Vice-Presidents. When exercising its management functions, the College also includes a representative of the European Commission. The College adopts the Agency’s budget, Rules of Procedure, as well as policy papers and guidelines related to the operational work of Eurojust. There is one National Member per Member State. National Members are responsible for overseeing the operational work of their respective National Desks. They are supported by a deputy and assistant(s). While the National Members are organs of Eurojust, they are appointed and continue to be employed by their respective Member States. The introduction of the EB by the Eurojust Regulation aimed at reducing the administrative burden on the College. The Board consists of Eurojust’s President, its two Vice-Presidents, a representative of the European Commission, and two other College Members designated on a two-year rotation system. As such, membership of the Board is not conditional on any managerial skill or experience. The EB is not involved in the operational functions of Eurojust. Instead, it focuses on ensuring the Agency’s proper functioning. Activities of the Board include reviewing key programming and planning documents (e.g. the draft annual budget), assisting and advising the AD on the implementation of College decisions, and adopting the anti-fraud strategy and financial rules. The administration of Eurojust is headed by the AD, who is appointed by the College. The AD is responsible for the day-to-day administration of Eurojust, in line with the Eurojust Regulation, College decisions, and Eurojust programming documents, etc. The administration (Eurojust staff) is further divided into two main departments, the Operations Department and the Resources Department.
1.3.
Political context
The EU’s internal security landscape is evolving rapidly, shaped by increasingly complex criminal ecosystems, a steady expansion of cross-border threats, and ongoing geopolitical instability. Criminal networks operate seamlessly across borders, exploiting jurisdictional fragmentation and technical innovation to commit illegal activities and evade detection. While Europe’s institutional systems are largely recognised as effective and resilient, there are regional variations. National judicial and law enforcement systems are under unprecedented strain, intensifying the operational demand for coordinated support at EU level.
The recent Serious and Organised Crime Threat Assessment (SOCTA) underlines this shift, depicting a highly interconnected, technology-driven criminal ecosystem that systematically outpaces national law enforcement and judicial responses.
In response, the EU has strengthened its strategic framework for internal security. The ProtectEU Strategy explicitly prioritises judicial cooperation, recognising that operational intelligence must translate into effective prosecutions. It highlights the need to assess and strengthen Eurojust’s mandate in 2026, underscoring the Agency’s central role in coordinating cross-border prosecutions, enabling information exchange between judicial authorities, and ensuring coherent prosecution at EU level and beyond. This is echoed in the EU Roadmap to fight Drug Trafficking and Organised Crime and the EU Drugs Strategy and EU Action Plan against drug trafficking. Given that successful prosecutions hinge on swift mutual legal assistance and parallel investigations, Eurojust’s role as the EU’s criminal justice hub has never been more critical.
A clear trend has emerged: the line between domestic and cross-border crime is blurring, and effectiveness of national judicial action now depends on robust EU-level support. Recent reforms – such as the E-evidence framework, the Anti-Money Laundering package, and the interoperability of EU information systems – are transforming data-sharing practices of national authorities, making coordination even more essential.
Member States increasingly depend on Eurojust’s support, using Joint Investigation Teams (JITs), Coordination Meetings (CMs) and Coordination Centres (CC) to manage parallel investigations, prevent jurisdictional conflicts, and secure admissible evidence. Judicial cooperation needs have expanded in both volume and complexity, particularly in cyber-enabled crime, financial crime, terrorism, and organised crime cases. Eurojust must be ready to rise to these challenges.
The 2025 evaluation of Eurojust, carried out pursuant to Article 69 of the EJR, found that while the Agency plays a pivotal role in supporting cross-border investigations, it faces structural and organisational constraints which ultimately affect its operational performance.
Therefore, the EU needs a more effective, more efficient, and better-equipped Eurojust to ensure cross-border crimes are prosecuted effectively and justice systems can respond swiftly to evolving threats.
In light of this, the High-Level Forum on the Future of EU Criminal Justice called for a more cohesive criminal justice architecture, recognising Eurojust’s decisive role in coordinating cross-border investigations, both within the EU and with third countries. Consequently, the Commission work programme 2026 has prioritised revising Eurojust’s legal framework to protect democracy, upholding EU values.
2.
Problem definition
The evaluation found that Eurojust is highly effective in fulfilling its mandate to support and strengthen coordination and cooperation between national authorities in the field of criminal justice. However, improvements are needed, particularly in efficiency and cooperation with EU partners and third countries – issues that were not addressed by previous amendments of the EJR. Optimising internal processes and interactions with the broader criminal justice ecosystem would unlock its full potential in the fight against serious and organised cross-border crime.
Two sets of problems have been identified: one relating to the internal dimension, stemming from limitations in the organisational structure and processes; and one relating to the external dimension, concerning challenges in coordination with partners.
The evaluation also highlighted the slow pace of Eurojust’s digitalisation and the issues arising from its outdated IT infrastructures, particularly its CMS, hindering interoperability, data exchange and analysis and effective workflows. This ultimately affects Eurojust’s capacity to manage increasing data volumes and address digitally enabled crime. However, as a new CMS and other digital tools are already in development, this problem is not explored further in this impact assessment.
Table 1: Problem tree
2.1.
Suboptimal efficiency of Eurojust’s internal organisation and processes
2.1.1. What is the problem?
Eurojust’s ability to maximise its added value in supporting cross-border criminal cases is compromised by an insufficient focus on its core operational activities.
While demand for its services grows across Member States, it still struggles to systematically filter out lower-complexity cases, such as routine information exchange or bilateral mutual legal assistance requests, which could be handled more efficiently through bilateral cooperation or the EJN. Instead, resources are diverted from complex cases, which involve serious cross-border crime requiring active coordination and a common strategy among multiple jurisdictions. These are the cases where Eurojust’s involvement generates the greatest added value, particularly when multiple legal frameworks and judicial authorities, or third countries are involved.
Example EncroChat: Eurojust’s strategic impact is exemplified in the dismantling of EncroChat, an encrypted phone network widely used by organised crime groups across Europe and beyond. Initiated in 2017 by French authorities, followed by a case opening at Eurojust in 2019 and escalated into a JIT in 2020 with the Netherlands under Eurojust’s coordination, the operation exemplifies how the Agency optimises resources for high-stakes cases. By facilitating nine CMs, resolving jurisdictional conflicts, and processing nearly 170 European Investigation Orders (EIOs), Eurojust enabled the interception of millions of encrypted messages, leading to 6,558 arrests globally and the seizure of EUR 900 million in criminal assets. The case also demonstrated Eurojust’s role in scaling cooperation: what began as a bilateral effort expanded to 13 countries, triggering spin-off investigations into drug trafficking, money laundering, and violent crime. Crucially, Eurojust’s involvement ensured that admissible evidence was shared efficiently across jurisdictions, avoiding duplication and legal fragmentation. This case shows how Eurojust’s intervention on complex, multi-jurisdictional threats delivers transformative results in combating organised crime.
In recent years, Eurojust’s mandate has expanded into new and resource-intensive areas, namely international crimes and terrorism. Despite allocations of some additional budget and staff to account for the new tasks, a level of tension is noted between workload and staff availability, leading to reduced support capacity and delays in responding to Member States.Some resource dispersion results from Eurojust’s unstructured participation in policy and strategic cycles. While the Agency is uniquely positioned to contribute to policy development in the area of criminal justice and judicial cooperation, its role in this field remains largely based on ad hoc requests, resulting in both limited involvement and challenges in determining the appropriate level of resources to be allocated to such work.
These constraints have shaped an operational model in which Eurojust primarily responds to Member States’ requests rather than acting proactively. This limits the use of its own-initiative powers and reduces its capacity to identify and act on cross-border criminal developments, leaving its potential to contribute to crime detection underexploited.
Part of the problem lies in Eurojust’s partially outdated toolset. Its competences remain focused on the coordination of investigations and prosecutions, with no clearly defined mandate in related areas of growing importance, such as asset freezing, the processing of e-evidence, victim support and analysis of judicial data. Though Eurojust already engages in these activities at the request of Member States, it does so in an unstructured manner, without a clear legal basis and defined scope.
Finaly, the Agency’s governance, decision-making and management do not consistently support timely and effective steering. Despite the change of legal framework, the Agency’s internal structures and working practices have not fully evolved to operate as an EU decentralised agency. Decisions that could be taken at managerial or administrative level are often escalated to collective governance bodies, increasing procedural burden, potentially delaying strategic direction and operational follow-through. Administrative work tends to absorb a significant share of the attention of NMs and their desks, diverting time and focus from casework.
2.1.2. What are the problem drivers?
Problem driver #1 relates to limitations in Eurojust’s case selection and prioritisation model. This driver stems primarily from implementation challenges, though the absence of a legal definition of a “Eurojust case” which adds procedural ambiguity. Beyond limited instances of own-initiative action, Eurojust’s operational work is driven by Member States’ demand, as it is national authorities that refer cases and provide information.
When dealing with incoming requests, Eurojust does not systematically apply clear criteria to select, redirect, or prioritise cases. One reason appears to be the lack of a common definition of a “Eurojust case”, leading to inconsistent approaches to case handling. In addition, NMs may prioritise certain referrals over others based less on objective or strategic considerations and more on thematic preferences, interests of the Member State they represent, or established relationships with their respective national authorities. In 2023, an estimated 82% of Eurojust’s new case work was made up of bilateral and low-complexity cases. In this context, high levels of ambition, combined with inconsistent prioritisation, can create the perception that additional resources are the primary solution to workload pressure, rather than a change in operational practices,
A similar definitional gap affects ‘own-initiative’ cases as mentioned in Article 2(3) EJR. Coupled with the high number of referrals, this restricts the Agency’s ability to act proactively.
Problem driver #2 relates to Eurojust’s partially outdated competences and associated toolset.
This driver arises primarily from gaps in Eurojust’s formal mandate and competences.
As a hub connecting criminal justice authorities, Eurojust is well placed to support national authorities in investigative activities of growing relevance, such as asset freezing – by coordinating Asset Recovery Offices (AROs) and judicial authorities when proceeds of crime are identified – and the issuance and execution of e-evidence orders. However, Eurojust lacks an explicit mandate in these areas, resulting in unstructured activities carried out at the request of national authorities, leaving much potential untapped.
The lack of clearly defined competences also affects Eurojust’s analytical work, for which a specific mandate has so far been granted only in relation to international crimes and terrorism (for the data stored in the CICED and CTR). The positive experience with these instruments suggests that such analytical functions could bring added value also in other highly complex areas of crime.
Moreover, emerging areas of criminalisation – such as violations of the Union’s restrictive measures and cybercrime– currently fall outside Eurojust’s competence, meaning that the Agency can only be involved upon specific request from national authorities, thereby limiting its proactivity and strategic involvement.
Finally, despite its recognised value, no institutionalised mechanisms are in place to translate Eurojust‘s operational expertise into reusable knowledge for EU policy development in the area of criminal justice and judicial cooperation.
Problem driver #3 concerns differences in EJR implementation across Member States.
This driver stems from a mix of legal and practical problems, rooted in the fragmented implementation of the EJR, divergent national legal frameworks governing NMs, and inconsistent operational practices in case referrals and information sharing.
When appointed as NMs, the status and powers of the designated officials remain governed by national law. While the implementation of the EJR has led to some harmonisation of NMs’ judicial powers, differences persist, meaning that NMs from different Member States may be empowered to carry out acts that others are precluded from performing.
Under the current framework, Member States may appoint a prosecutor, a judge, or a representative of a judicial authority as NM – a choice which affects the scope of powers and the handling of cases. This is particularly evident in the issuance of judicial instruments: some may be issued by a prosecutor, others require an independent judge, while none can be issued by a representative who does not hold the status of an active member of the judiciary.
Another consequence of differing practices and legal systems is that NMs have varying levels of expertise which affects how administrative tasks are performed.
These discrepancies lead to an uneven distribution of added value from the Agency’s services across Member States, with some benefiting more than others.
Inconsistencies also affect the referral practices of Member States, exacerbating problem driver #1. National authorities do not always apply appropriate criteria to distinguish between lower-complexity cases, to be referred to the EJN, and more complex cases requiring Eurojust’s involvement. In some instances, national authorities resort to Eurojust as a “fast track” helpdesk for convenience rather than based on objective needs; in others, they may favour bilateral cooperation or EJN channels, underusing Eurojust. Even the Eurojust National Coordination System (ENCS) – the national hub responsible for coordination between Eurojust and Member States – may lack sufficient authority to effectively enforce such filtering.
Finally, information sharing obligations are applied inconsistently. Member States lack a shared understanding of what constitutes serious cross-border crime requiring Eurojust involvement, leading to selective reporting. This reduces the completeness and timeliness of the information shared, thereby limiting the Agency’s ability to gain an overview of cross-border crime and to intervene proactively.
Problem driver #4 concerns unclear separation between operational and administrative responsibilities.
This driver stems from a mix of legal ambiguity and implementation challenges, primarily arising from divergent interpretations of the EJR.
Interpretations of “operational” and “administrative” matters under the EJR diverge, with Eurojust’s reading not fully aligning with the Commission’s institutional position. By broadly defining “operational” matters, the College has effectively retained control over a number of administrative decisions, sidelining the EB, which now functions largely as a preparatory body for College meetings. This is partly due to reluctance from NMs to delegate administrative authority, fearing it may compromise operational autonomy or prosecutorial independence.
The blurring of operational and administrative roles contributes to lengthy decision-making processes and high administrative burden for NMs, who currently spend around 40-50% of their time on administrative work, at the expense of operational work.
Problem driver #5 concerns the complex governance structure and legacy organisational culture that adversely impact decision-making.
This driver stems primarily from implementation problems. However, the lack of clear legal mandates for roles intensifies these challenges.
Eurojust’s governance is distributed across the College, the EB, College Working Groups and the Administration, which can lead to misaligned priorities.
The College informally shapes strategy, overlapping with responsibilities of the EB, while the AD holds formal responsibility for planning and implementation. College Working Groups play a role in shaping strategic planning through their influence rooted in legacy practices. This undermines coherent governance and dilutes accountability. Despite raising the issue and pushing for changes, the Commission, in its role as a member of the EB and within the College, has not been able to effect reform.
Governance inefficiencies are also rooted in a legacy culture. Established practices and institutional culture preserve pre-EJR working methods, like consensus-based decision-making, that favours inclusiveness over agility. This reflects an unresolved institutional identity that oscillates between an intergovernmental coordination unit and a full EU agency. The resulting ambiguity slows adaptation to new mandates or operational threats.
2.2.
Limitations in Eurojust’s interaction with partners
2.2.1. What is the problem?
Eurojust’s effectiveness as an EU criminal justice coordination hub is constrained in the way it interacts with partner at the EU and international level.
While the mandates of EU agencies and bodies are designed to complement each other and provide for close cooperation, their implementation in practice may give rise to procedural complexity and duplication, affecting the EU’s response to serious and organised cross-border crime. Stakeholders have drawn attention to the need to reinforce the judicial dimension of cross-border cooperation by addressing gaps and enhancing coherence across existing instruments.
Eurojust’s cooperation with EU agencies and bodies is overall effective on a case-by-case basis but lacks a fully structured or systematic approach. This can lead to withholding of information, which may affect the identification of criminal activity at an early stage. This is particularly relevant for Eurojust’s main partners in the criminal justice domain: Europol and the EPPO. Cooperation with other IBOAs – notably OLAF – as well as the EJN and other judicial networks, show scope for further improvement in terms of the distribution of tasks and information exchange.
Moreover, Eurojust’s capacity to support cooperation in cases with an extra-EU dimension, while increasing, faces challenges. Cooperation with third countries is often irregular and slow to operationalise, as existing arrangements may not be sufficiently robust or stable, or are unevenly implemented. Following changes in the Treaty framework applicable to international agreements, the EJR removed Eurojust’s power to conclude cooperation agreements directly. Instead, in accordance with Article 218 TFEU, the Commission conducts negotiations, while the Council authorises signature and conclusion following the consent of the European Parliament. This has made the process more time-consuming.
In the absence of an international agreement, Eurojust has only limited and unstructured means to engage with international partners.
2.2.2. What are the problem drivers?
Problem driver #6 relates to uncertainties in the application of the data protection framework and constraints stemming from the data ownership principle.
This driver stems from a mix of legal and implementation problems.
Differences in the understanding of data protection requirements across Member States, Eurojust and EU partners may result in delays and under-sharing of data for investigations. Data Protection Officers apply varying levels of caution when assessing whether the conditions for the transfer of operational data are met, with such assessments often proving complex and burdensome.
In addition, the flow of information is constrained by the data ownership principle. The checks to ensure that Member States retain control over the use of the data they provide may slow down exchanges between partner agencies, which must verify conditions or seek the data owner’s consent before onward sharing relevant data.
Regarding international cooperation, the absence of a data protection framework in third countries and international organisations – or its misalignment with the EU requirements – may delay or prevent the conclusion of international agreements enabling a structured transfer of information.
Transfers subject to appropriate safeguards – or based on derogations for specific situations – may remain unused due to divergent interpretation of the provisions or over-compliance.
Problem driver #7 concerns the still-developing institutionalisation of cooperation among partners at EU level.
This driver stems from legal and implementation problems, driven especially by the lack of formalised frameworks for cooperation.
Eurojust cooperates with IBOAs within and beyond the Justice and Home Affairs (JHA) area, as well as with networks and other actors at EU level. However, the arrangements in place vary widely, reflecting the degree to which cooperation is institutionalised within each actor’s framework, ranging from ad hoc to more structured forms of cooperation. A share of the engagement may rely on informal contacts or personal networks rather than stable, predictable mechanisms.
Where roles and responsibilities are not defined in detail in the legal framework, gaps may arise in the identification of opportunities for mutual support, increasing coordination costs and administrative burden for both Eurojust and its partners.
Cooperation among EU agencies and bodies is structurally constrained by the existence of separate data repositories between Eurojust, Europol, the EPPO, OLAF, AMLA, EUCA and Frontex. While the separation of data storage reflects differing mandates and reinforces data protection safeguards, it may slow down the timely identification of links between cases handled by different actors, potentially generating missed opportunities for uncovering criminal activity and supporting case-building.
The exchange of information currently takes place through a system of indirect mutual access to databases – the so-called “hit/no-hit” system – which at present is codified and exists only in bilateral relations between Eurojust, Europol, the EPPO and OLAF. The functioning of this system remains cumbersome. Even where a “hit” is identified, the operational added value is often limited due to the time-consuming nature of the procedures involved.
While cooperation with Europol and the EPPO is central (and is therefore addressed under separate problem drivers #8 and #9) cooperation with other actors remains comparatively limited.
Cooperation between Eurojust and OLAF concerns a relatively small number of cases, given the administrative nature of OLAF’s investigations, from which indications of serious cross-border crime may occasionally arise. Nonetheless, there may be some uncertainty as to whether Eurojust is expected to take on a coordinating role.
Engagement with agencies such as FRA and CEPOL remains largely ad hoc, often limited to training or seminars and dependent on informal contacts rather than structured workflows. Most partnerships are based on long-standing, non-binding memoranda of understanding (e.g. with CEPOL, FRA and eu-LISA), which lack the legal weight and operational detail of formal working arrangements.
Finally, the distribution of work between Eurojust and judicial networks is not fully codified nor consistent, making it less straightforward for practitioners to identify the appropriate channel for their cooperation needs. As a result, referrals, requests for support and information exchanges may not always follow the most streamlined approach.
Problem driver #8 concerns the insufficiently institutionalised cooperation between Europol and Eurojust.
This driver stems from legal and implementation problems.
While the mandates of the two agencies are closely linked, ensuring a “continuum” between law enforcement operations and judicial follow-up, criminal intelligence and analytical datasets produced by Europol do not systematically feed into Eurojust’s casework. This reduces opportunities for early alignment between investigative and judicial action and the consistent translation of analytical insights into operational action, particularly in priority domains such as organised crime.
Such constraints are further compounded by the fact that the existing working arrangement between the two agencies, concluded in 2010, may no longer fully reflect their current mandates and evolving operational realities, limiting the scope for integrated cooperation.
In key areas of common interest, the boundaries between respective competences may not always be clear, reflecting the often-blurred distinction between the gathering of criminal intelligence and collection of evidence in the course of criminal investigations. This gives rise to grey areas affecting the allocation of responsibilities and the timing of engagement. This gives rise to grey areas affecting the allocation of responsibilities and the timing of engagement, and in some cases resulting in duplication of work.
Further issues related to information flow and link detection stem from the time-consuming procedures associated with the hit/no-hit system described under problem driver #7.
Problem driver #9 relates to constrained cooperation with the EPPO.
This driver stems from legal constraints and implementation problems.
The EPPO is the EU prosecution service competent for the investigation and prosecution of crimes affecting the Union’s financial interests; cooperation with Eurojust is therefore, in principle, confined to such offences. Nonetheless, EPPO cases may lead to the discovery of serious cross-border crime falling outside the EPPO’s competence, in which case Eurojust may take on a role in coordinating national authorities.
Information held by the EPPO is processed for the purposes of investigation and prosecution and is therefore subject to high standards of confidentiality. Limited disclosure of investigation-related information may lead to the under-involvement of Eurojust, even where multilateral coordination would add value for case-building and follow-up on offences beyond the EPPO’s competence.
This is particularly relevant in organised crime. EPPO investigations may uncover criminal organisations engaged in offences beyond the Union’s financial interests. However, limited or delayed transmission of such information may hinder efforts to address broader criminal networks. As above, the time-consuming procedures of the hit/no-hit system give rise to delays in follow-up (#7).
Problem driver #10 relates to the cumbersome process for establishing formal relations with third countries and international justice actors.
The obstacles are mainly of a legal nature stemming from the non-compliance of partners outside the EU with EU standards, particularly in the area of data protection.
Eurojust’s coordination role increasingly extends to cases involving third countries, either because they concern transnational crimes involving one or more Member States and third countries, or where there is a clear EU interest in engagement beyond the Union’ territory.
For example, a significant share of proceeds of crime generated within the EU is transferred to third countries with less stringent financial controls, particularly in the Gulf region. Another relevant area concerns drug trafficking from Latin America, the tackling of which requires a coordinated approach at EU and Member States level.
The need to establish cooperation relationships and receive timely feedback from third countries may face challenges in light of the procedure for concluding international agreements, which involves complex negotiations and approval procedures. Moreover, such agreements require a degree of convergence with EU standards, particularly on data protection, which may entail legislative changes in the third country and prolong the process.
Even in the absence of an international agreement, Eurojust may conclude working arrangements with a third country or international organisation. However, such instruments do not carry the same legal weight as international agreements and may lead to a misalignment with the EU’s external action priorities as defined by the EU institutions.
This risk of misalignment is also linked to capacity-building activities in which Eurojust engages in third countries through dedicated projects. As these are largely carried out informally, without a legal basis in the EJR, they lack defined requirements and boundaries.
Finally, the functions of Liaison Magistrates (LMs) (Eurojust officials posted in third countries) and Liaison Prosecutors (LPs) (third country officials posted at Eurojust on the basis of an international agreement) appear to be underutilised.
2.3.
How likely are the problems to persist (in absence of external intervention)?
Following the publication of the Evaluation, Eurojust has drawn up an action plan aimed at addressing the main findings. The action plan covers 44 identified issues, half of which, according to Eurojust’s assessment, would require legislative amendments to the EJR. The remaining issues can be addressed through internal reorganisation, procedural review and awareness-raising measures.
Changes to the Eurojust Regulation since 2022 were targeted amendments (CTR, CICED and new CMS) aimed to add competences to the agency, in particular in reaction to situations of crisis that did not and could not constitute a comprehensive reform of the agency which would respond to broader structural deficiencies. These circumscribed and contextual modifications of the legal framework did not constitute a global revision and as such they were not intended to address systemic issues of the agency.
Therefore, without external intervention several problem drivers are likely to persist, as they are associated with Eurojust’s legal framework, governance design, legacy organisational culture, dependence on Member States, and the broader dynamics in the EU justice architecture. It appears unlikely that long-established practices will change spontaneously without amending the legal framework.
2.3.1. Internal structural and governance limitations
Regarding operational work and operational prioritisation, the absence of a clear prioritisation model and defined case intake thresholds are unlikely to be remedied under the current framework nor through changes introduced by Eurojust’s action plan, which rely largely on internal guidance and voluntary alignment. Such measures may not overcome structural incentives for NMs to prioritise national interests or informal relationships with the respective national authorities.
Equally, while the Agency’s Action Plan for 2026 – 2027 intends to strengthen proactive activities, it cannot address the lack of a clear legal framework. A new KPI to measure the number of complex cases supported by Eurojust could prove useful, but it will not correct long-standing referral practices. Since Eurojust itself lacks the authority to impose harmonised referral standards or systematically filter cases, its caseload will remain shaped primarily by national demand rather than strategic agency-wide planning and operational steering.
Limitations in Eurojust’s operational tools are also unlikely to be overcome without external intervention. To gain full competence in new crime areas, these need to be included in Annex I to the EJR. Without greater legal clarity, Eurojust will not step up action in fields such as asset recovery and engagement with service providers (electronic evidence), resulting in missed opportunities for judicial follow-up. Moreover, without an explicit mandate to translate operational experience into systematic EU-level policy input and threat analysis, Eurojust’s strategic contribution will remain ad hoc and minimal.
The EJR contains ambiguities – and to some respect discretion – regarding key matters such as the status and powers of NMs, the organisation of the ENCS, and information sharing by Member States. Under-implementation of the ENCS or the on-call coordination mechanism (OCC) – seen as burdensome – persist. In absence of external intervention, meaningful progress is unlikely; these matters fall under national or legal obligations and Eurojust currently has no enforcement competence to harmonise these divergences which also impact the Agency’s governance and operational functioning.
In response to the administrative and governance issues, Eurojust plans to streamline decision-making and improve managerial skills and leadership. Steps will be taken to rationalise the functioning of Working Groups to avoid task overlap and a long-term Eurojust Vision 2035 will be prepared. While these proposed measures seek to mitigate inefficiencies, the current structure inherently limits strong and more centralised leadership and oversight and are likely only to result in incremental improvements. They will not address the blurred distinction between operational and administrative responsibilities, which is rooted in legacy practices. NMs will retain extensive collective decision-making powers, and the EB’s role will remain comparatively limited. As a result, the current practices e.g. escalation of decisions to collective bodies, sustains lengthy deliberative processes are likely to continue, diverting NMs’ time from operations.
2.3.2. External interaction and cooperation
The external problems are also likely to persist without external intervention, as they stem from structural and legal factors across the EU justice architecture. While “hit/no-hit” mechanisms exist between certain agencies and bodies, their effectiveness is constrained by technical, procedural, and legal limitations. Without significant improvement towards a more automated and interoperable system, administrative burdens will remain high and operational returns can only be improved incrementally.
Constraints on data-sharing with international partners and associated delays in cases will likely also persist in the absence of external intervention. These are expected to be addressed in the context of the revised EUDPR. Where necessary, the Commission, together with Eurojust and the European Data Protection Service (EDPS), may develop explanatory guidance to clarify the application of the new provisions.
The current cooperation with Eurojust’s closest JHA partners – particularly Europol and the EPPO – will also continue to be underused without external intervention. Cooperation with Europol is unlikely to improve fundamentally without mutually binding obligations to better share information or otherwise cooperate, and without a revised and modernised working arrangement. Eurojust’s planned actions e.g. to establish a single point of contact at Eurojust for all non-case related information coming from Europol, and to enhance joint initiatives such as the Joint Operational Platform (JOP), should improve cooperation. However, they are unlikely to bring about a true law enforcement-judicial continuum at EU-level as foreseen in the Treaties. In the absence of clearer institutionalised operational sequencing, intelligence products may continue to feed into judicial coordination only at a late stage.
Likewise, cooperation with the EPPO is challenging dues to the high confidentiality of the information it processes for the purpose of investigation and prosecution, which may restrict flexible information exchange and operational collaboration with Eurojust. The structural constraints facing Eurojust and its cooperation with other actors, including in the JHA domain have also emerged in the parallel review of the EU’s anti-fraud architecture (AFA). Without legislative fixes to streamline inter-agency collaboration and enhance data sharing, the AFA review’s goal of strengthening the fight against cross-border fraud risks being undermined by persisting gaps.
On the international dimension, Eurojust proposes to introduce a monitoring tool for the implementation of the Eurojust strategy on cooperation with international partners, and to investigate further any need to use LMs. While useful for performance evaluation purposes, this alone does not address cooperation gaps. New international agreements will be concluded, but always at a slow pace.
3.
Why should the EU act?
3.1.
Legal basis
The legal basis of the initiative is Article 85 TFEU, which stipulates that Eurojust’s mission is to support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more Member States or requiring prosecution on a common basis, relying on operations conducted and information supplied by the Member States’ authorities and Europol. It sets out that Eurojust shall be governed by a regulation adopted under the ordinary legislative procedure.
3.2.
Subsidiarity: Necessity of EU action
Eurojust’s functions (coordination, cooperation facilitation, and operational support) are transnational by nature and cannot be performed effectively by any single Member State. Its EU-level structure enables it to adopt an EU-level perspective across jurisdictions, facilitate multilateral cooperation in parallel, and ensure that no Member State is placed at a disadvantage. Scale and complexity of cross-border crime investigations render EU-level coordination indispensable. Eurojust is acting strictly where EU-level action delivers superior results.
Under the EU legal order, criminal law and criminal procedure remain to a large extent within national competence. Member States are primarily responsible for conducting investigations and criminal prosecutions for which they have jurisdiction.
The transnational nature of serious cross-border crime demands EU-level cooperation, as national measures alone are insufficient. Member States thus coordinate judicial responses, share procedural solutions, and pool EU resources.
Evolving criminal threats, fuelled by digital transformation, demand effective EU-level support for national judicial authorities. Given Member States’ varied approaches to combating crime, their judicial authorities can strategically leverage Eurojust’s assistance and select joint initiatives tailored to their needs.
To counter these evolving criminal threats and keep pace with law enforcement needs, the EU must strengthen support for Member States in tackling serious and cross-border crime.
3.3.
Subsidiarity: Added value of EU action
The problems outlined above call for EU-level support for Member States to be dealt with effectively.
As the EU agency for supporting and strengthening coordination and cooperation between national authorities in the field of criminal justice, Eurojust is well positioned to provide this EU-level support.
The recent support study for the evaluation of the implementation and impact of the EJR highlighted very high satisfaction scores regarding support for Member States: for 2020-2023, the average level of satisfaction of Consultative Forum participants on logistical support and content set by Eurojust was above the 80% target, i.e. 3.2 out of 4 (self-reported on a scale of 1-4 following the meeting).
Action by Eurojust does not replace that of national authorities but enhances it. EU-level action and Eurojust’s services support and reinforce the work of national investigating and prosecuting authorities (such as public prosecutors' offices and, depending on national systems, investigation judges), helping them in cross-border criminal investigations and prosecutions. Differences in the legal systems and traditions of the Member States, as acknowledged by the Treaties, are unaffected by this EU-level support.
There are clear economies of scale and efficiency gains from having a structurally improved and more efficient executive agency at EU level rather than relying solely on individual national systems or bilateral cooperation.
In addition, Eurojust contributes to the functioning of the internal market and the EU as a whole. By strengthening trust, ensuring consistent enforcement of criminal law, and reducing the risk of cross-border criminal exploitation of jurisdictional fragmentation, Eurojust contributes to the Union’s internal security and helps underpin the internal market and general rule of law foundations on which European integration depends.
Overall, Eurojust provides clear EU-level added value by combating cross-border crime and thereby reinforcing the rule of law and mutual trust that sustain the single market and free movement. Without Eurojust (or a similar EU-level mechanism), national efforts, despite the presence of bilateral cooperation and the efficiency of EU judicial cooperation instruments (such as the EAW, EIO, etc.), would struggle to address the scale, complexity and transnational nature of serious organised crime.
4.
Objectives: What is to be achieved?
4.1.
General objective
The revision of Eurojust seeks to better attain the goals set out in the Treaties:
·for Eurojust to support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more Member States or requiring a prosecution on common bases, on the basis of operations conducted and information supplied by the Member States' authorities and by Europol;
·to ensure a high level of security through measures aimed at preventing and combating crime by fostering coordination and cooperation between competent national authorities of Member States..
This general objective but also converges with the existing framework of European public policies, strategies and roadmaps in the area of criminal justice and the fight against serious, cross-border and organised crime.
4.2.
Specific objectives
The general objective is articulated into two interrelated specific objectives, addressing the structural and functional limitations that currently hinder Eurojust’s capacity to maximise quantity and quality of its output.
The first objective seeks to remove internal structural and operational constraints, while the second addresses cooperation challenges, focusing on Eurojust’s interaction with EU bodies, agencies, and international partners. These two objectives are mutually reinforcing and derive directly from the general objective, providing a structured and balanced response to the problems identified.
·Specific Objective 1 – To make Eurojust’s support and coordination action more efficient, timely, and strategically focused across the full lifecycle of serious cross-border criminal cases.
This first specific objective aims to make Eurojust’s internal procedures and decision-making processes more streamlined, so that fewer resources are absorbed by administrative work and more capacity can be redirected towards operational casework. Over the implementation period, this should translate into a measurable reduction in the share of time that National Members and operational staff spend on administrative tasks, as well as faster and clearer internal decision-making.
The objective also aims to focus Eurojust’s operational support on cases where EU-level judicial coordination brings the greatest added value. This should be reflected in an increase in own-initiative cases opened by Eurojust, earlier involvement in complex cross-border investigations, and a reduction in bilateral and lower-complexity cases handled directly by Eurojust where they can be effectively redirected to other cooperation channels.
Finally, the objective is to keep Eurojust’s support and coordination fit for purpose in light of evolving forms of serious cross-border crime and new areas of judicial cooperation. This requires Eurojust to be able to support national authorities and judicial practitioners across the full lifecycle of serious cross-border criminal cases, from investigation through prosecution and trial, including by collecting, structuring and analysing judicial data to identify links between cases and support judicial follow-up.
Success indicators for SO1: Indicators of success for this objective would be a reduction in the share of time spent by National Members on administrative tasks, an increase in the number of own-initiative cases, and a reduction in the share of bilateral and lower-complexity cases handled by Eurojust (see chapter 9 for further details on these success indicators and targets proposed).
·Specific Objective 2 – To achieve more institutionalised cooperation and more timely information exchanges between Eurojust and EU and international partners.
This specific objective aims to make cooperation between Eurojust and EU and international partners more structured, efficient and timely. Over the implementation period, this should translate into a measurable increase in operational information exchanges with partners, meaningful interactions with third-country authorities, and Eurojust cases involving third countries. It should also reduce delays between requests for information, replies and operational follow-up, ensuring that relevant information reaches Eurojust and its partners early enough to identify links between cases and opportunities for cross-border investigation or prosecution.
To this end, the objective seeks to ensure that Eurojust has stable, well-defined and responsive cooperation channels with EU bodies, offices and agencies, international partners and third-country authorities, including through liaison officers and established cooperation frameworks. These channels should support more predictable exchanges, clearer responsibilities and more consistent operational follow-up in cases involving several jurisdictions.
Success indicators for SO2: While improvements in cooperation with third countries are difficult to assess on the basis of quantitative data alone, as they depend on a range of external factors and political contingencies, one indicator of stronger cooperation with partners would be a higher number of follow-ups to system “hits”, pointing to more effective, timely and operational information exchanges. A follow-up to a “hit” means that, once relevant information has been identified in a partner’s database, that information is extracted and transmitted to the requester (cf chapter 9 on further indicator details/target).
5.
What are the available policy options?
This chapter sets out the available policy options, which include the baseline as well as several options requiring regulatory or non-regulatory interventions. A number of policy options, which were discarded at an early stage, are also described.
5.1.
What is the baseline from which the options are assessed?
The baseline scenario projects how the situation is expected to evolve from 2026 to 2035 in the absence of further EU intervention, without amendments to the EJR and no additional resources allocated. Eurojust would continue operating under its current mandate, implementing only incremental adaptations. This scenario accounts for endogenous factors (existing legislation, ongoing initiatives) and exogenous drivers (geopolitical instability, technological developments, crime trends), assuming no structural reforms.
The rapid evolution of criminal threats and technological change is expected to outpace Eurojust’s ability to adapt within its existing framework. Without intervention, the challenges identified in the evaluation are likely to persist or worsen over time.
Serious and organised crime is becoming increasingly digital, poly-criminal, international, and geopolitically entangled. While recent estimates imply that levels of organised crime remain relatively stable in continental Europe, the ratings for different EU Member states vary and Europe is noted as a “global hotspot for cyber-dependent crimes”. Also financial crimes, presented as “inherently transregional”, appear to “pose the greatest threat to the security and integrity of the continent’s economic market”. Nearly all major crime areas now have a digital component, while the use of AI will further enhance criminal sophistication.
The economic cost of crime is difficult to quantify, but recent estimates place the value in the range between EUR 139-200+ billion annually in the EU. Other sources estimate the value of laundered money at 3-5% of global GDP, which in Europe would equate to EUR 359-EUR 897 billion, with regional variations. Both these estimates demonstrate very clearly that the economic cost alone of such crime is significant, with broader additional societal and fundamental rights impacts that are harder to quantify. For example, according to the support study, in 2024 Eurojust contributed to the arrest of over 1,200 suspects and an estimated EUR 20 billion of seized drugs. Given the impact of serious organised crime, any initiatives that can improve Eurojust ability to contribute to the fight against serious and organised crime will bring substantial benefits to European citizens and businesses.
Based on Eurojust estimates, case growth is predicted to be moderate, at around 8% annually (down from 14-17,5%). This reduction reflects the expected prioritisation of complex investigations. Expanded third country cooperation through new contact points and LPs will further increase caseloads. The EU institutional landscape will evolve with new bodies (AMLA, EU Customs Authority), Europol’s expanded operational role, and digital tools such as JUDEX. However, challenges in inter-agency data exchange, particularly with Europol, would persist. If Eurojust’s mandate does not evolve accordingly, this would risk aggravating its capacity strain without corresponding legal empowerment or resource stabilisation.
Internally, the new CMS planned for 2026 should improve link detection, user experience, and operational efficiency, but additional responsibilities (e.g. ECRIS-TCN requests from third countries, potentially around 20 000 annually from the UK alone, and CICED) will generate workload pressures. The budget is projected to remain stable and only keep pace with inflation, reaching approximately EUR 87 million/year by 2035.
The baseline scenario acknowledges that economic metrics alone fail to capture crime’s societal and fundamental rights implications. This risks a widening gap between expectations placed on the Agency and the resources available to fulfil them. A relevant illustration would be the hosting of new judicial networks created by the Council in the forthcoming considered period.
Eurojust’s data protection framework will remain robust and rights-protective but increasingly resource-intensive, as a higher volume of data is expected to be processed in compliance with the EJR and the EUDPR, under the supervision of the EDPS. Meanwhile, existing but underused mechanisms for international transfers of personal data (notably self-assessments and derogations) are expected to be utilised more widely, helping to broaden and diversify international cooperation.
Without rearrangement and delineation of roles, governance inefficiencies and high administrative burdens will likely persist, preventing NMs from focusing on operational casework and effectively addressing the aforementioned developments in the criminal threat.
Challenges in EU inter-agency cooperation are likely to remain unresolved, despite deeper cooperation with EU agencies and bodies like Europol, OLAF and the EPPO, which would remain limited by fragmented mandates, uneven data access and procedural complexity. As other agencies’ mandates expand, Eurojust will face growing demands for networks hosting, analytical and coordination support without a corresponding increase in its own resources.
Data-exchange constraints with Europol – including asymmetries in access, handling code restrictions, – will continue under the current framework. Without regulatory clarification, structural or institutional issues between judicial and law enforcement actors may continue to impede timely and balanced information sharing.
Eurojust’s operational and analytical support will stay essential but face increasing strain from uneven Member State participation, mandate limitations and legal fragmentation. In particular, engagement in JITs is expected to remain uneven, resulting in a two-speed operational landscape and limiting Eurojust’s ability to provide cohesive cross-border judicial support.
In terms of capacities and skills, Eurojust is recognised for its high-quality investigative and MLA support. Under the baseline, however, the College’s national desks will remain structurally constrained: rising volumes and complexity of support requests, ICT limitations and staff shortages will further require difficult prioritisation choices, leaving some operational needs unmet. Legal and procedural requirements will slow the deployment of automation, AI tools, and innovative techniques, leaving many solutions confined to pilot stages.
Eurojust would continue to deliver significant societal value – enhancing public safety, protecting victims’ rights, supporting economic stability, and combating impunity for international crimes. Yet, without mandate reform, escalating operational and capacity pressures would go unaddressed.
In case the EJR will not be revised, these cumulative pressures risk gradually eroding Eurojust’s operational effectiveness, strategic positioning within the EU security architecture, and the Agency’s ability to respond effectively to an increasingly complex criminal threat environment and keep pace with digitalised information exchanges.
5.2.
Description of the policy options per specific objective
This impact assessment evaluates policy options spanning from non-legislative to regulatory interventions. Each policy option consists of a set of measures (numbered i, ii, iii, etc.), selected based on their ability to address a given problem (or its driver), and screened for effectiveness, efficiency and coherence. Some options and measures were discarded at an early stage (see chapter 5.3).
For each of the six intervention areas (A-F), three policy options have been developed, structured according to their degree of intervention:
-Policy Option 1 (PO1) presents the lightest set of measures, which can be adopted and implemented with relative ease and at limited cost. However, their structural impact is expected to be limited.
-Policy Option 2 (PO2) introduces moderately more incisive measures, which may require legislative amendments, seeking to balance stronger impact with manageable implementation costs.
-Policy Option 3 (PO3) proposes the most far-reaching set of measures, necessitating more substantive legislative changes. While this option may deliver the greatest impact, it may raise more complex institutional and political considerations.
The policy options to address Specific Objective 1 (areas A-C) are summarised in Table 2 and those to address Specific Objective 2 (areas D-F) are in Table 4. A twostep process was then followed. First a comparison of policy options was conducted within each area of intervention and the ‘winning’ option for each area was then combined to identify the preferred package. This combination is further analysed and tested in a second and final step to confirm the preferred option.
While most of the proposed measures are expected to be implemented through legislative actions some can be implemented by non-legislative action. In these cases, the measure is labelled with ‘a’ to indicate non-legislative means, or ‘b’ if the proposed amendment has a legislative nature. For example, option A.PO1 is made up of non-legislative measures i.a, ii.a, iii.a; option A.PO2 transforms measures i, ii and iii into legislative measures (i.b, ii.b, iii.b) and then includes an additional legislative measures, iv.
In addition to these six sets of policy options, targeted amendments may be needed to update the EJR in terms of links to other legal instruments, without affecting their substantive content.
One such measures addresses the need to update the framework for the processing and protection of personal data. In view of the parallel revision of the overall EU legislative framework applicable in this area (EUDPR), the measures envisaged concerning Eurojust are limited. The need for derogations from the EUDPR has not been demonstrated and was discarded at an early stage. The measures addressing problem driver #6 – from the EJR angle – are therefore limited, involving either a streamlining of the EJR (retaining only the most important provisions, with the other rules being referred to the EUDPR) or a more detailed clarification of the rules, in full compliance with the general framework.
5.2.1.
Specific Objective 1: Strengthen Eurojust’s Internal Functioning, Governance and Operational Performance
Table 2: Policy options and measures under Specific Objective 1
|
Specific objective 1 (Internal):
Strengthen Eurojust’s Internal Functioning, Governance and Operational Performance
|
Options
|
|
|
Light change
|
Moderate change
|
Substantial change
|
|
A. Extending the scope of material competences to face the new judicial landscape
|
|
Addressing problem driver(s):
#2 Insufficient competences and associated toolset
|
A.PO1
|
A.PO2
|
A.PO3
|
|
i. Enhancing Eurojust’s support in EU policy-making and strategic cycles – through working arrangements with IBOAs (i.a) or by introducing a dedicated provision in the EJR (i.b)
|
i.a
|
i.b
|
i.b
|
|
ii. Entrusting Eurojust with new operational functions (in the areas of e-evidence, victims’ rights support to asset recovery) – through non-binding guidelines (ii.a) or by introducing a dedicated provision in the EJR (ii.b)
|
ii.a
|
ii.b
|
ii.b
|
|
iii. Introducing semi-permanent operational platforms to support JITs – through operational arrangements (iii.a) or by introducing a reference in the EJR (iii.b)
|
iii.a
|
iii.b
|
iii.b
|
|
iv. Extending Eurojust’s material competence to new crimes (VURM, cybercrime, GBV)
|
|
iv
|
iv
|
|
v. Expanding Eurojust’s analytical function to key crime areas (organised crime and accessory crimes)
|
|
|
v
|
|
B. Harmonising Member State implementation of the EJR, including on allocation of cases
|
|
Addressing problem driver(s):
#1 Inadequate model to select and prioritise cases;
#3 Divergent Member State engagement and implementation of the EJR
|
B.PO1
|
B.PO2
|
B.PO3
|
|
i. Introduce a Eurojust-EJN case-allocation system – through non-binding guidelines (i.a) or by introducing a EJR provision defining a ‘Eurojust case’ (i.b)
|
i.a
|
i.b
|
i.b
|
|
ii. Reinforce the status of National Members to give them full operational powers – through advocacy and political push (ii.a) or by amending the relevant EJR provisions (ii.b)
|
ii.a
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ii.b
|
ii.b
|
|
iii. Entrusting National Members with new competences (subject to their attributions under national law): issuing freezing orders (or immediate action), European Production and Preservation Orders (e-evidence), and signing JIT agreements
|
|
iii
|
iii
|
|
iv. Grant National Members the authority to open Eurojust cases
|
|
|
iv
|
|
C. Establishing a streamlined, coherent and role-clear governance system that accelerates decision-making
|
|
Addressing problem driver(s):
#4 Lack of clear separation between operational and administrative responsibilities
#5 Complex governance structure and outdated legacy organisational culture
|
C.PO1
|
C.PO2
|
C.PO3
|
|
i. Revision of the allocation of responsibilities between governance bodies
|
i
|
i
|
i
|
|
ii. Reform of the Executive Board
|
|
ii
|
ii
|
|
iii. Introduction of a Management Board
|
|
|
iii
|
5.2.1.1Area of intervention A. Extending the scope of material competences to face the new judicial landscape
Eurojust must evolve to face new criminal threats and preserve its key role in the field of European judicial cooperation. The policy options presented aim at updating the Eurojust tasks and competences to face new judicial challenges (#2).
A.PO1: Under this option, Eurojust would not be formally given new competences or attributions, but arrangements at technical and operational level would reinforce Eurojust’s action in areas where its contribution would provide added value. Such measures would include:
(i.a) Concluding working arrangements with IBOAs, or updating them when already concluded, providing for a more structured involvement of Eurojust in policymaking and strategic cycles related to the administration of EU criminal justice and judicial cooperation, allowing policymakers to draw from Eurojust’s expertise.
(ii.a) Setting up guidelines and operational arrangements to: make Eurojust more effective in assisting Member States in handling e-evidence (further supporting the SIRIUS project), provide services and assistance to victims of serious and cross-border crime support the actions of the national AROs.
(iii.a) Strengthening Eurojust’s support to JITs by establishing, at operational level, semi-permanent platforms enabling the temporary secondment of JIT members to Eurojust, who would provide logistical and coordination support.
A.PO2: This option would introduce targeted amendments to the EJR in order to formally attribute new tasks and competences to the Agency, entrusting it with the connected powers. Such measures would include:
(i.b), (ii.b), (iii.b) Implementing the measures outlined under A.PO1, but giving them a legal basis within the Regulation.
(iv) In addition, extending Eurojust’s material competence to new or emerging crimes, such as violating EU restrictive measures, cybercrime (beyond the currently envisaged computer crimes) and gender-based violence. This extension requires amending Annex I to the EJR which lists crimes for which Eurojust is competent.
A.PO3: This policy option includes a bundle of legislative measures which, as a whole, would fundamentally shift the scope of the Eurojust activities, structurally embedding in its legal framework not only its contribution to policymaking, but also a broadened and enhanced analytical capacity. Measures would include:
(i.b), (ii.b), (iii.b), (iv) Implementing the measures outlined under A.PO2 by introducing specific amendments to the EJR.
(v) In addition, expanding Eurojust’s analytical competence and capacity. Building on the success of CICED (Regulation (EU) 2022/838) and CTR (Regulation (EU) 2023/2131), Eurojust would receive the mandate to collect, store and analyse judicial data related to organised crime – with the aim to provide consistent sets of evidence to national authorities, contributing to case-building and facilitating cross-border cooperation.
5.2.1.2Area of intervention B. Harmonising Member State implementation of the EJR, including on allocation of cases
Eurojust faces challenges in distributing and prioritising the intake of requests received from Member States, with the consequence that resources are diverted to deal with lower-complexity cases, which could be handled through different channels. Uneven implementation of the EJR across Member States amplifies this issue and constrains Eurojust’s capacity to deploy its full potential. The presented policy options aim to harmonise implementation of the EJR and streamline the allocation of cases (#1, #3).
B.PO1: Under this policy option, the objective of improving the allocation of cases and aligning powers of NMs would be pursued through the adoption of guidelines and political incentive addressed to Member States. The envisaged measures would include:
(i.a) Adopting non-binding guidelines providing for the definition of a “Eurojust case”, which must be dealt with by the Agency. Cases which do not fall within the scope of the definition would have to be dealt with by the EJN or through bilateral cooperation. Such requests addressed at Eurojust should therefore be declined or redirected as appropriate.
(ii.a) Under the current framework, NMs must have the status of a prosecutor, a judge or a representative of a judicial authority with equivalent competences under national law, and Member States must grant them at least the powers laid down in the Regulation.
Through advocacy and political incentives, Member States could be encouraged to ensure that NMs are vested, under national law, with additional powers and competences allowing them to fully exercise the operational possibilities provided for in the EJR.
B.PO2: Under this policy option, allocation of cases and NMs’ powers, competences, and eligibility requirements would be codified into the EJR, leaving no legal margin for diverging practices. Proposed measures would include:
(i.b), (ii.b) Introducing amendments to the EJR defining the concept of “Eurojust case” and laying down strict eligibility criteria for the appointment of NMs – requiring that they be endowed with specific judicial powers under national law.
(iii) In addition, NMs will be, under their national law, empowered to act as issuing (or, where relevant, as executing) authorities for the purposes of EU judicial cooperation instruments based on mutual recognition, including freezing orders (or immediate action preserving the property until a freezing order has been issued), relevant orders on e-evidence, and to sign JIT agreements. This would help address the current uneven landscape across Member States by establishing a common minimum level of operational powers for all NMs, while respecting the relevant requirements of the judicial cooperation instrument concerned.
B.PO3: This policy option entails the most far-reaching changes to the powers and competences of NMs, exploiting to the full extent the legal basis set out in Article 85 TFEU, boosting the Agency’s proactivity. Envisaged measures include:
(i.b), (ii.b), (iii) Introducing all the amendments to the EJR outlined above, codifying the definition of a “Eurojust case”, eligibility requirements and harmonising the powers and competences of NMs.
(iv) In addition, NMs would be endowed with the authority to open cases on serious cross-border crimes, subject to follow up by national authorities. While the competent national authorities would remain in charge of the investigations (retaining the power to close the case opened by Eurojust if they do not find grounds to pursue it), this would enable Eurojust to trigger a file and flag situations of particular relevance.
5.2.1.3Area of intervention C. Establishing a streamlined, coherent and role-clear governance system that accelerates decision-making
Table 3: Governance reforms
While Eurojust carries out operational work effectively, its overall efficiency could be improved. The promptness of Eurojust’s response to new phenomena and emerging threats is constrained by unclear processes resulting in duplication of work and slow decision-making. These policy options propose different levels of reshaping of the Eurojust’s governance aimed at distributing responsibilities more clearly and enhancing efficient strategic steering (#4, #5).
Each policy option describes a different governance model. Under C.PO1, the existing governance remains unchanged, while measures are taken to facilitate swift processes and steering, C.PO2 and C.PO3 describe two degrees of changes to the governance models, also entailing a degree of review of the allocation of responsibilities (i) and the change of composition of the EB (ii).
C.PO1: (i) The governance structure remains unchanged, based on the assumption that it is only concrete implementation which needs to be improved. This option comprises soft-law measures aimed at improving the governance of the agency by focusing on three main areas:
-reducing the administrative aspect of the College's work by focusing its non-operational activities more on major managerial decisions, leaving less important managerial decisions to the EB;
-similarly, ensuring that the agendas of the College and the EB do not overlap, in order to avoid wasting time and unnecessary duplication;
-finally, encouraging, by guidelines or recommendations, the competent authorities of the Member States to improve the selection of NMs in terms of managerial skills (in addition to operational skills) so that they can fully play their role when administrative decisions need to be taken in the EB and in the College.
The abolition of the working groups in the College is also a measure to be considered, as they can duplicate the work of the Administration, with negative repercussions on the alignment with objectives, overall planning and efficiency.
C.PO2: (i) (ii) This option changes the composition, competences and responsibilities of the EB and the College, leaving the overarching architecture of the governance model unchanged.
The College would be maintained as the main body responsible for the operational support and coordination tasks that are at the heart of Eurojust’s activities. The College would retain managerial powers when it comes to strategic decisions: selecting priorities, determining multiannual and annual programmes, approving the agency's budget and overseeing financial governance, and approving the annual activity report.
Alternatively, decisions on annual and multiannual strategy, budget and work programme could be entrusted to the Consultative Forum of Prosecutors General and Directors of Public Prosecutions (CF) of the Member States, hosted yearly by Eurojust.
The EB would be in charge of all administrative decision, encompassing both day-to-day administration and high-level administrative decisions (with the College remaining involved only on strategic decisions bearing an impact on operations). The composition of the EB would remain unchanged: Eurojust President, two Vice-Presidents, the Commission representative and two NMs. However, a system of appointment would replace the current rotation mechanism. The College would be required to choose and appoint the two NMs.
The Administrative Director (AD) would remain responsible for preparing and implementing the decisions taken by the College and the EB (in addition to powers of day-to-day management of the agency, oversight of staff, finances, internal procedures, and service delivery, legal representation of the agency). The AD would be given the right to participate to the EB in an advisory capacity, remaining an observer without voting rights, in line with the Common Approach.
C.PO3: This option entails an institutional paradigm shift, moving towards a new governance model aligning with the Common Approach applicable to decentralised agencies.
The College would be focused on operational tasks only and thus excluded from management and administrative decision making.
A Management Board (MB) would be introduced as the top decision-making body – composed of representatives of Member States, the Eurojust President, a Commission representative and Eurojust’s AD. It would decide on budget, strategic priorities, annual and multiannual programmes, and the annual activity report.
The MB would be vested with appointing authority powers, part of which it may delegate to the AD, and entrusted with decisions liable to impact staff and the organisation of the Agency, including the organisation of judicial networks’ secretariats. While the current EJR provides that the secretariats of all networks involved in judicial cooperation in criminal matters, including newly established ones, operate as separate units, decisions concerning their organisation would be entrusted to the MB.
The EB would be retained for the day-to-day management and administrative decision of the Agency, and as a lighter collegial body to prepare and inform the meetings of the MB. It would be composed of the Eurojust President, a Commission representative, and three members of the MB (chair-person and deputies).
The AD would be appointed by, and be accountable to, the MB, with more autonomy in making executive decisions and retaining responsibility for the implementation of management decisions and administrative oversight. The AD would participate as observer and adviser to the EB and MB meetings.
The AD would remain the legal representative of the Agency, while it would be the President to formally participate on behalf of Eurojust in political and institutional fora.
The Commission’s relevance in the governance would be increased through a veto right on some specific matters or an early warning mechanism. In this second case, the Commission representative would be entitled to reject a deliberation requesting a second vote with a qualified majority (two thirds) in the event of decisions raising serious concerns of compliance with the Agency’s mandate. A veto power would be introduced for certain decisions on budget and human resources.
Finally, the role and responsibilities of National Desks Assistants would be revised, streamlined and rationalised, providing them a clear definition of their role and competences.
5.2.2.
Specific Objective 2: Achieve optimal operational integration with Member States, EU partners and third countries
A critical challenge for Eurojust lies in optimising operational integration with its key partners at EU level, in particular Europol and the EPPO, but also OLAF, as well as with third countries and other international actors.
At present, fragmented data-sharing mechanisms hinder a more efficient cooperation. For the purpose of this impact assessment, focus is being laid on the interaction with Europol and EPPO, however, improvements in this area, and in particular regarding the hit/no-hit system, could also be useful for other actors, for example OLAF. Indeed, the new cooperation frameworks designed to combat certain forms of serious crime make it necessary to strengthen inter-institutional relations. The incoming review of the AFA highlights this imperative need.
Table 4: Policy options and measures under Specific Objective 2
|
Specific objective 2 (External):
Achieve optimal alignment and operational integration with EU partners and third countries
|
Options
|
|
|
Light changes
|
Moderate changes
|
Substantive changes
|
|
D. Fostering and strengthening structured operational cooperation with Europol
|
|
Addressing problem driver(s):
#8 Absence of a structurally embedded cooperation with Europol
|
D.PO1
|
D.PO2
|
D.PO3
|
|
i. Automating and optimising Eurojust-Europol’s system for indirect access to the respective databases (interagency hit/no-hit system) – through technical measures only (i.a) or through technical measures linked to new legal obligations (i.b)
|
i.a
|
i.b
|
i.b
|
|
ii. Revising the 2010 Eurojust-Europol Working Arrangements – through a political push for its renegotiation (ii.a) or by introducing in the EJR a legal obligation of periodic review in consultation with the Commission (ii.b)
|
ii.a
|
ii.b
|
ii.b
|
|
iii. Creating a dedicated cooperation channel for systematic follow up on SIRIUS referrals
|
|
iii
|
iii
|
|
iv. Granting participation in College meetings to Europol representatives
|
|
iv
|
iv
|
|
v. Codifying cooperation modalities between Eurojust and Europol (e.g., notification to Eurojust upon reaching of “judicial threshold”, creation of JOPs or task forces)
|
|
|
v
|
|
E. Promoting fully developed cooperation with the EPPO
|
|
Addressing problem driver(s):
#9 Constrained cooperation with the EPPO
|
E.PO1
|
E.PO2
|
E.PO3
|
|
i. Automating and optimising Eurojust-EPPO’s system for indirect access to the respective databases (interagency hit/no-hit system) – through technical measures only (i.a) or through technical measures linked to new legal obligations (i.b)
|
i.a
|
i.b
|
i.b
|
|
ii. Establishing an explicit mandate for Eurojust to provide reinforced support in EPPO cases (JITs, CMs, Action Days)
|
|
ii
|
ii
|
|
iii. Granting participation in College meetings to EPPO representatives
|
|
iii
|
iii
|
|
iv. Setting up a Eurojust-EPPO clearing-house mechanism for case allocation
|
|
|
iv
|
|
F. Consolidating cooperation with third countries and international organisations
|
|
Addressing problem driver(s):
#10 Cumbersome process for establishing relations with international actors
|
F.PO1
|
F.PO2
|
F.PO3
|
|
i. Introducing cooperation obligations in agreements with third countries with financial implications – as a cross cutting non-legislative measure
|
i
|
i
|
i
|
|
ii. Clarifying the legal framework governing Liaison Magistrates
|
|
ii
|
ii
|
|
iii. Institutionalising Resident Contact Points for priority countries
|
|
iii
|
iii
|
|
iv. Granting participation in College meetings to Liaison Prosecutors
|
|
iv
|
iv
|
|
v. Entrusting Eurojust with an explicit capacity building mandate in external action
|
|
|
v
|
5.2.2.1Area of intervention D. Fostering and strengthening structured operational cooperation with Europol
Eurojust’s cooperation with partners is presently assessed as overall effective, on a case-by-case basis, but it lacks a structural dimension, resulting in suboptimal coordination and missed opportunities. While pursuing the broader objective of strengthening cross-agency cooperation, these options focus specifically on Eurojust’s relationship with Europol, its key partner and counterpart along the investigative continuum between law enforcement action and judicial follow-up. They aim to address the current lack of sufficiently structured cooperation with Europol (#8).
D.PO1: This option seeks to improve relations, information exchange, and operational cooperation through working arrangements, common guidelines, and shared practices. The objective is to promote a common operational culture and a shared understanding of needs, challenges, and opportunities for synergy. It would include the following combined measures:
(i.a) Automating and optimising the Eurojust-Europol hit/no-hit system to facilitate link detection. Under the current system, Eurojust must submit a request to Europol regarding a suspect or case; Europol then manually verifies the information in its database, communicates the “hit”, and subsequently follows up manually to provide the information requested. An automated system would instead allow Eurojust to determine immediately – through automated matching – whether relevant information exists in Europol’s databases.
(ii.b) Revising the 2010 Eurojust-Europol Working Arrangement through political incentives. The Commission and the Council would encourage both agencies to update their cooperation framework so that it reflects current operational realities, expertise and needs as well as emerging tools such as JOPs bringing together law enforcement and judicial expertise.
D.PO2: This option aims at structuring and institutionalising cooperation with Europol through targeted legislative amendments. While maintaining the operational flexibility that characterises current cooperation, this option reduces reliance on informal practice and voluntary coordination by embedding key cooperation modalities within the legal framework governing the two agencies, creating greater predictability and ensuring continuity of cooperation across operational contexts. Proposed measures would include:
(i.b) Automating and optimising the system of information exchange with the establishment of an improved cross-checking systems across JHA agencies and bodies (automated hit/no-hit system) paired with the introduction of legal obligations to cooperate and share, where appropriate, specific categories of relevant data, taking into account the specific mandates of each agency in compliance with data protection requirements.
(ii.b) Revising the 2010 Eurojust-Europol Working Arrangement, along with the introduction in the EJR of a legal obligation to periodically review the revised arrangement, in consultation with the Commission. Embedding revision cycles in the founding Regulations of both agencies would ensure that the cooperation framework remains aligned with evolving crime patterns and incorporates the most up-to-date operational practices.
(iii) In addition, establishing a dedicated cooperation channel for systematic SIRIUS follow-up. This mechanism would integrate judicial coordination into digital evidence workflows, ensuring continuity between the law-enforcement identification of electronic evidence and subsequent cross-border judicial action. Rather than relying on ad hoc escalation once jurisdictional or admissibility issues arise, the channel would facilitate structured interaction between Europol and Eurojust throughout the process.
(iv) Enhancing mutual involvement in partners’ activities through the introduction of a legal obligation requiring that Europol liaison officers participate in meetings of the Eurojust College when matters of common interest are discussed.
D.PO3: This option represents a qualitative step beyond structured cooperation by integrating operational processes between Eurojust and Europol in a more systematic and legally codified manner. Cooperation would move from structured interaction to partially integrated operational processes (“continuum”), supported by clearly defined reciprocal rights and duties regarding expertise, information sharing, and respective operational activities. The package would include the following measures:
(i.b), (ii.b), (iii), (iv) Implementing an automated hit/no-hit system, revise the 2010 Eurojust-Europol Working Arrangement along with a leal obligation to periodically review the revised arrangement, creating a dedicated cooperation channel for SIRIUS referrals and granting participation in College meeting to Europol representatives as outlined under D.PO2.
(v) In addition, further codifying cooperation modalities in the Europol and EJR. This would include modalities for sharing information when Europol-supported Operational Task Forces reach a defined “judicial threshold”. Reference would be made to the possibility of creating JOPs, which could be exploited as a tool for enhanced cooperation. Analytical support to Eurojust would also be further defined.
5.2.2.2Area of intervention E. Promoting fully developed cooperation with the EPPO
Cooperation between Eurojust and the EPPO has remained largely underdeveloped due to legal and structural constraints. This results in a missed opportunity to fully exploit Eurojust’s support in the area of crimes affecting the financial interests of the Union, often linked with the most serious manifestations of cross-border crime, such as organised crime. These options, within the broader objective of strengthening cooperation with partner agencies and bodies, focus specifically on relations with the EPPO (#9).
E.PO1: Under this option, cooperation with the EPPO would be strengthened primarily through structured practice, working arrangements, political encouragement, and building operational practices. Envisaged measures include:
(i.a) Automatising and optimising the Eurojust-EPPO hit/no-hit system to facilitate link detection (as for Europol, under D.PO1, i.a).
E.PO2: This option seeks to reinforce and structure cooperation between Eurojust and the EPPO through targeted legislative clarification. Rather than relying on practice alone, this option would provide a clearer legal basis for Eurojust’s supportive role in EPPO-related cases, ensuring greater predictability and operational continuity while fully preserving the EPPO’s prosecutorial independence. The proposed measures include:
(i.b) Automating and optimising the system of information exchange with the establishment of an improved cross-checking system across JHA agencies and bodies paired with the introduction of legal obligations to cooperate and share specific categories of relevant data taking into account the specific mandates of each agency in compliance with data protection requirements.
(ii) Introducing an explicit mandate for reinforced Eurojust support in EPPO cases. This provision would clarify Eurojust’s role in facilitating JITs, CMs, and Action Days in EPPO cases presenting a judicial interest beyond the EPPO’s territorial or material competence. The measure would strengthen operational interaction while maintaining the EPPO’s autonomy in prosecutorial decision-making.
(iii) Enhancing mutual involvement in partners’ activities through the introduction of a legal obligation requiring that EPPO liaison officers are regularly invited to meetings of the Eurojust College when matters of common interest are discussed.
E.PO3: This option represents a further step towards a more integrated framework for Eurojust-EPPO cooperation, moving beyond structured interaction to establish more systematic operational linkages supported by clearly defined reciprocal rights and duties regarding information exchange and coordination. The following cumulative measures are envisaged:
(i.b), (ii), (iii) Implementing an automated hit/no-hit system, entrusting Eurojust with a specific mandate for reinforced support to the EPPO in the area of judicial cooperation and granting participation in College meetings to the EPPO representatives as outlined under E.PO2.
(iv) In addition, establishing an EPPO-Eurojust clearing-house mechanism, providing a structured platform to identify overlaps, allocate coordination roles, and manage spill-over effects. This mechanism would help reduce duplication, clarify responsibilities, and address legal or procedural uncertainties arising in complex cross-border cases.
5.2.2.3Area of intervention F. Consolidating cooperation with third countries and international organisations
The negotiation and conclusion of international agreements between the EU and third countries or international organisations on the judicial cooperation with Eurojust is inherently complex and time-consuming. By its nature, this process may struggle to keep pace with the evolving dynamics of transnational criminal phenomena (#10). The proposed measures therefore aim to enable Eurojust to cooperate as effectively as possible with priority partner countries pending the conclusion of formal international agreements.
F.PO1: This option aims at fostering stronger and more reliable cooperation through non-legislative means, encouraging operational interaction with third country partners. It would promote convergence in legal frameworks, institutional practices, and operational standards, thereby reducing practical barriers to cooperation. This option includes the following measure – which constitutes a minimum measure common to F.PO2 and F.PO3:
(i) Mainstreaming the inclusion of cooperation commitments in international agreements and other relevant instruments with third countries. Third countries would be encouraged to engage more actively with Eurojust, align their practices with EU standards, and make effective use of available cooperation tools by means of political and economic incentives.
F.PO2: Under this option, the range of cooperation tools available to Eurojust would be expanded through amendments to the EJR. These would clarify and streamline existing provisions while codifying operational practices that have already proven effective but currently lack a clear legislative basis. The package would include the following measures:
(i) Introducing cooperation commitments in international agreements as outlined under F.PO1.
(ii) in addition, clarifying the legal framework governing LMs. The EJR provides for the posting of LMs to third countries in order to facilitate judicial cooperation with local authorities. However, their tasks and powers are defined only in broad terms. In practice, uncertainty regarding the interpretation and scope of this provision has contributed to the underutilisation of LMs. A clearer definition of their role, competences, and operational scope would enhance their effectiveness and practical added value.
(iii) Institutionalising the role of resident contact points for priority third countries. Resident contact points are third country magistrates or officials seconded to Eurojust to facilitate contacts with national authorities and assist the Agency in navigating domestic procedural frameworks. Unlike LPs, they do not have access to Eurojust’s CMS and operate under a more limited mandate. Nonetheless, the presence of a resident contact point at Eurojust could have tangible benefits, in particular when cooperation is hampered by procedural or coordination issues with the partner country. Their role is currently based on working arrangements with the relevant third country rather than on a legislative basis. Introducing an explicit reference to resident contact points in the Regulation would provide legal clarity and establish clear rules concerning their appointment, functions, and operational limitations.
(iv) Providing for the formal participation of LPs in the Eurojust College. Structured participation of LPs posted from third countries would allow them to contribute to the strategic discussions of the College, bringing operational insight into developments in key partner jurisdictions. Their involvement would support better-informed strategic prioritisation of Eurojust’s external engagement, ensuring that the Agency’s operational and cooperation strategies adequately reflect the evolving needs, risks, and priorities associated with third country cooperation.
F.PO3: This option would strengthen Eurojust’s external dimension through more far-reaching legislative amendments, expanding the Agency’s capacity to engage with third country partners in a structured and strategic manner. The proposed measures include:
(i), (ii), (iii), (iv) Introducing cooperation commitments in international agreements, clarifying the legal framework for LMs, institutionalising resident contact points and granting participation in College to LPs as outlined under F.PO2.
(v) In addition, granting Eurojust an explicit capacity-building mandate vis-à-vis third countries. This mandate would allow Eurojust to design and implement capacity-building initiatives aimed at strengthening the judicial cooperation capabilities of partner countries. Such activities would contribute to promote best practices in judicial cooperation, foster mutual trust, and enhance the effectiveness of operational collaboration.
5.3.
Measures discarded at an early stage
Several options and measures that might have seemed interesting to address drivers and to achieve certain budget savings were discarded at an early stage, taking into account in particular operational views expressed by stakeholders as well as political and legal considerations. The multi-criteria analysis (developed in chapter 7) based on effectiveness, efficiency, and coherence also underlined that these policy measures were not worth considering any further.
·Removing the College and replacing it with national units (Europol model)
While it could have created efficiencies, this measure was discarded for reasons of political feasibility in light of clear feedback from stakeholders who underlined that Eurojust’s added value lies precisely in its collegial structure, which ensures judicial coordination based on equality between Member States’ judicial authorities.
Unlike Europol, which is a police cooperation body, Eurojust operates in a judicial context where mutual trust, national sovereignty, and procedural autonomy are paramount. Replacing the College with national units would have risked fragmenting operational decision-making, weakening collective ownership of cases, and undermining Eurojust’s role as a neutral EU-level coordination platform: the effectiveness and (both internal and external) efficiency would be very low. Such a shift may also risk blurring the institutional distinction between police and judicial cooperation enshrined in the Treaties.
·Fully integrating the networks currently hosted by Eurojust into the agency’s structure
The judicial networks hosted by Eurojust (e.g. EJN, Genocide Network, etc.) are designed to remain flexible, practitioner-driven, and relatively autonomous. Full integration into Eurojust’s structure could compromise their informal, peer-to-peer nature and reduce Member States’ sense of ownership. It could also create governance and accountability complexities, as these networks often serve broader or different mandates than Eurojust itself. The efficiency would be low. Maintaining a hosting model preserves operational flexibility while avoiding institutional overreach and the external coherence of the agency
In addition, legal reasons may prevent substantive changes to the EJN (provided by Article 85 TFEU)
·Enabling Eurojust to provide a binding decision in case of conflict of jurisdiction
Although Article 85(1) TFEU allows for the creation of binding decision-making powers for Eurojust in relation to the resolution of conflicts of jurisdiction (going beyond the sole opinion provided for in Article 4(4) of the EJR), there seems to be no pressing need to entrust such power to the Agency.
Several EU instruments already regulate the matter. Council Framework Decision 2009/948/JHA provides a mechanism for consultation aimed at preventing parallel proceedings, with most cases resolved by cooperation between authorities and via the application of the ne bis in idem principle, as interpreted by the caselaw. In situations where the competent authorities cannot reach agreement, the matter is, where appropriate, referred to Eurojust. Regulation (EU) 2024/3011 on the transfer of proceedings in criminal matters pursues similar objectives. Furthermore, Eurojust has always been conceived as a coordinating actor and not as a binding arbiter of national competences. When information relating to these conflicts of jurisdiction is brought to the attention of Eurojust, it can exert influence at the level of the national desks concerned to ensure that a solution is found. There is thus no need to enhance the effectiveness in this area.
Ultimately, the procedural and legal consequences of such binding powers would be significant, particularly in terms of legal remedies, and could unnecessarily complicate the current system. The efficiency score would be low.
·Provide for specific rules (lex specialis) regarding data processing, transfer and protection
The revision of Chapter IX of the EUDPR, in parallel with that of the Eurojust mandate, is intended to establish comprehensive, up-to-date, and directly applicable rules on data transfers for all EU JHA bodies and agencies. It provides an opportunity to bring all rules on the processing of personal data under the same umbrella, addressing the current fragmentation where part of the rules is included in the individual founding Regulations and with some differences between them.
The EUDPR constitutes the “lex generalis” making additional Eurojust-specific rules only justified by an imperative need to deviate from this global framework. This necessity to go beyond these horizontal rules, in compliance with the key principles laid down by the EUDPR, has not been identified from an operational perspective. In addition, creating a “lex specialis” in the EJR could reinforce the fragmentation and the legal uncertainty of data processing and protection rules.
6.
What is the impact of the policy options?
This chapter assesses all policy options identified in chapter 5.2. against the baseline presented in chapter 5.1. Given that the baseline scenario is unsuited to address the problems identified, this impact assessment will not assess the baseline scenario any further.
Given Eurojust’s mission is to support national authorities in the fight against serious and organised crime, the (general) effectiveness of the policy options assessed in this chapter is assessed by their expected impact on the fight against crime and the wider implications for EU citizens’ security and well-being as well as against the specific objectives.
6.1.
Specific Objective 1
The following policy options would contribute to delivering Specific Objective 1, which aims to strengthen the internal functioning and the operational performance of the agency. They should address problem drivers #1 to #5.
·Options in intervention area A
A.PO1: This bundle of non-legislative measures would have only a limited impact to Eurojust’s overall effectiveness and coherence. Although the Agency’s mandate would remain unchanged, certain tasks and tools would be reinforced. In terms of EU policymaking involvement (i.a), the policy option would build on Eurojust’s existing contributions to various studies and reports. Regarding new operational functions (ii.a), the limits would be the clear mandate of the College and national desks: working groups already deal with some of these issues but without any truly effective legal levers. Lastly, a push to create a semi-permanent operational platform to support JITs (iii.a), based on the ICPA model, would only have a moderate positive impact due to the lack of a legal basis and would be subject to the prioritisation of other projects. Overall, the effectiveness of this option to improve the support to national authorities will deliver small benefits, with associated small costs related to supporting actions.
A.PO2: This package entails the adoption of legislative amendments to clearly set the competence for Eurojust to contribute to EU policy and legislation (i.b). In practice, its impacts would depend on the evolution of the number of requests for Eurojust’s input, with the expectation that increased contributions increase stakeholders’ awareness of the agency’s role and expertise, and a subsequent increase in requests (a virtuous circle). To deliver more evidence-based strategic contributions, additional resources would be required for tools (including AI-based) and staff to select, analyse and compare large amounts of information.
The exact impact of adding new material competences (Annex I) on violation of restrictive measures, cybercrime related to cryptocurrencies and artificial intelligence, and finally, gender-based violence, particularly online (iv), depends on the future development of these crime types and also varies according to the nature of each area of crime (seriousness and volume of committed offences). For example, an explicit competence for victims’ rights in the EJR may help better define Eurojust’s role in exceptional cases of mass crime or disasters involving multiple casualties of different nationalities (e.g., terrorist attacks, online fraud). Coordinated support to victims would also be coherent with the new EU strategy (and the recently provisionally agreed revision of the Victims’ Rights Directive). Additional staff would be needed but their costs should be minor/moderate compared to the potential positive impact.
The introduction of semi-operational platforms through a legislative measure (iii.b) would establishing a clear mandate for Eurojust to support JITs in a structured way. JITS are already one of the Agency’s most effective tools, so further improvements are expected to have a positive impact firstly on operations, and hence on the overall fight against crime. The expected benefits are expected to at least cover the associated staff and IT costs.
Lastly, the uniform conferral by Member States, under national law, of powers relating to the issuance of European Orders addressed to service providers in accordance with the e-evidence framework, is likely to generate operational added value. Ensuring that NMs are empowered to act as issuing or executing authorities for freezing orders (or immediate action preserving the property until a freezing order has been issued) could be of added value in time-critical and high-value cases, where swift cross-border coordination and action is paramount. Further impacts of this measure would depend on whether such role would entail any other supporting duties of NMs, as it is likely to increase the workload of national desks in issuing the orders. The positive reduction of fragmentation of competences, would also help reducing reliance on bilateral follow-up.
A.PO3: The most far-reaching option builds on A.PO2. It includes an additional measure (iv) to transform Eurojust into a fully-fledged analytical hub for judicial case-building. The extension the CICED and CTR models to cover information and evidence related to organised crime would require the addition of a new competence under Article 21 of the EJR. This new role would be consistent with the current trends of EU public policies in this area (e.g. SOCTA, road map on organised crime etc.). With regard to Eurojust’s material competence and considering the evolving nature of cross-border serious and organised crime, the impact would be very high because in practice the main material scope of Eurojust’s mandate would be covered. Nevertheless, the efficiency could be limited due to high costs, including to deal with the increased volume of operational data to be processed, and constraints related to data entry capacity. This individual measure is potentially one of the highest cost measures proposed, reflecting the need for additional resources such as the recruitment of analysts and lawyers with experience in organised crime.. However, this is more than offset by the expected high positive long-term impact. Overall, this measure is judged to be very efficient and should also deliver moderate internal and high external coherence benefits.
The efficiency could be impacted by the risk of duplication of work with Europol, which already perform analytical tasks. To mitigate this risk, clear separation must be established between the analytical work of Europol, which deals with operational intelligence, and Eurojust, which works with judicial evidence. In addition, Member States would continue to submit the data. Therefore, the impact on national authorities would not be neutral in terms of administrative burden. Taken together, these constraints suggest that while the option is a promising idea that would positively add value for combatting serious and organised crime, its impact could be limited without substantial investment and careful coordination.
Table 5: Impacts of policy option in intervention area A
|
A. Extending the scope of material competences to face the new judicial landscape
|
Effectiveness
|
Efficiency
|
Coherence
|
Total criteria score
|
|
Addresses problem driver(s):#2 Insufficient competences and associated toolset
|
SO1
|
GO
|
Effectiveness score
= average SO1+GO
|
|
Internal
|
External
|
Coherence score
= average Internal+ External
|
Effectiveness = 0.5
Efficiency = 0.3
Coherence = 0.2
|
|
A.PO1 (i.a, ii.a, iii.a)
|
0.50
|
0.17
|
0.33
|
0.33
|
0.50
|
0.67
|
0.58
|
0.38
|
|
A.PO2 (i.b, ii.b, iii.b, iv)
|
1.25
|
0.75
|
1.00
|
1.25
|
1.00
|
1.13
|
1.06
|
1.09
|
|
A.PO 3 (i.b, ii.b, iii.b, iv, v)
|
1.20
|
0.80
|
1.00
|
1.60
|
1.00
|
1.30
|
1.15
|
1.21
|
·Options in intervention area B
B.PO1: This policy option includes (i.a) the introduction of a case allocation system based on non-binding guidelines; and (ii.a) a political encouragement and guidelines to Member States to appoint NMs with ‘full operational powers’.
Since internal guidance on case allocation already exists within Eurojust but is not consistently followed in practice (refer to study/problem analysis), the introduction of additional guidance (i.a), even if formulated in a clearer and more authoritative manner, is therefore expected to generate at best a small positive impact on operations.
The impact of measure ii.a, encouraging Member States to appoint NMs with full operational powers would depend entirely on voluntary compliance and the willingness of Member States to adjust existing national practices. This measure could lead to a small improvement in internal coherence, although the impact is likely to be limited as several Member States have already expressed reservations regarding the feasibility of such adjustments in light of their national legal frameworks.
Overall, the two measures in this policy option would have only a small positive impact on Eurojust operations (including on the time taken to process cases),the impact on Eurojust’s capacity to support national authorities and on the overall fight against crime and on the protection of citizens (depending on the extent to which Member States follow the proposed guidance). The related costs of this option are minor, involving possibly some one-off costs related to advocacy.
B.PO2: The legislative measures envisaged under (i.b) and (ii.b), together with the capacity for NMs to issue judicial cooperation instruments (iii), are expected to generate a moderate positive impact on Eurojust operations.
Establishing a legislative framework for the allocation of cases would contribute to greater consistency and predictability in determining which cases should be handled by the Agency. However, introducing a legally defined notion of a “Eurojust case” may result in some rigidity. As a result, the assessment of whether its impact would ultimately be positive or negative remains to be confirmed in practice.
Aligning the powers of NMs and granting them uniform operational capabilities would generate a higher positive impact on operations, particularly in the context of time-sensitive serious crime cases. NMs would be able to act more promptly by issuing the necessary judicial instruments directly, without relying exclusively on national authorities.
These improvements would generate a stronger positive impact on Eurojust’s capacity to support national authorities and on the fight against crime. Expanding the range of operational tools available to NMs would increase the added value of Eurojust interventions by broadening the set of responses available in complex cross-border investigations.
Reducing the fragmentation in the powers and competences of NMs across Member States would also generate a moderate positive impact on simplification by creating a more consistent operational framework.
These measures should be achievable at limited costs, although the increased operational role of NMs may entail a limited impact on Eurojust resources, as broader powers and responsibilities could generate additional workload for the Agency and for the respective national desks. No impact is expected in other areas. The expected improvements in consistency and reduction of fragmentation should also have a positive impact on coherence both within the Agency and to a certain extent externally.
B.PO3: This policy option would build on the measures and associated impacts envisaged under B.PO2. In addition to measures (i.b), (ii.b) and (iii), it would empower NMs to open cases on their own initiative (iv).
By granting NMs the authority to open cases where appropriate, this option would further strengthen Eurojust’s operational role in identifying and addressing cross-border criminal activities. The measure is expected to generate a moderate positive impact on operations, particularly with regard to the time taken to process cases, and a small to moderate positive impact on the number of cases initiated on Eurojust’s own initiative.
The possibility for NMs to initiate investigations would also generate a moderate positive impact on Eurojust’s capacity to support national authorities, enabling more consistent and proactive coordination between Member States.
This option would generate a moderate positive impact on the fight against crime, as it would reduce the risk that opportunities to initiate relevant cross-border investigations are missed. By enabling more proactive identification and handling of cases, the measure would also generate a positive impact on the protection of citizens.
At the same time, the greater operational proactivity associated with this option would entail a minor to moderate negative impact on Eurojust resources, as NMs would need to balance their time between responding to requests from Member States and acting on their own initiative.
The increase in cases resulting from investigations opened on Eurojust’s initiative could also generate a small to moderate negative impact on Member States’ resources, particularly in terms of the workload of national prosecution services responsible for pursuing such cases. No impact is expected in other areas.
Balancing all these impacts, the overall efficiency and of this option is expected to be slightly better than for B.PO2 with similar coherency improvements.
Table 6: Impacts of policy option in intervention area B
|
B. Harmonising Member State implementation of the EJR, including on allocation of cases
|
Effectiveness
|
Efficiency
|
Coherence
|
Total criteria score
Sensitivity 2
|
|
Addressing problem driver(s):
#1 Inadequate model to select and prioritise cases;
#3 Divergent Member State engagement and implementation of the EJR
|
SO1
|
GO
|
Effectiveness score
= average SO1+GO
|
|
Internal
|
External
|
Coherence score
= average Internal+ External
|
Effectiveness = 0.5
Efficiency = 0.3
Coherence = 0.2
|
|
B.PO1 (i.a, ii.a)
|
0.25
|
0.25
|
0.25
|
0.25
|
0.50
|
0.25
|
0.38
|
0.28
|
|
B.PO2 (i.b, ii.b, iii)
|
1.00
|
0.67
|
0.83
|
1.17
|
1.67
|
0.83
|
1.25
|
1.02
|
|
B.PO3 (i.b, ii.b, iii, iv)
|
1.13
|
0.88
|
1.00
|
1.38
|
1.63
|
0.88
|
1.25
|
1.16
|
·Options in intervention area C
C.PO1: The scale of the impacts of this non legislative option to revise the allocation of responsibilities between governance bodies would not notably differ from those already being taken under the baseline scenario. The institutional framework would remain the same and the focus would mainly be to encourage the reduction of the College’s administrative work and to select NMs with better managerial skills. The positive impact on the effectiveness of the Agency would consequently be rather low. The working culture of the agency, especially members of national desks coming from national judiciary, is unlikely to change significantly with soft rules and guidelines, but again a minor improvement to coherence could be anticipated.
Nevertheless, some targeted measures would lead to positive effects, i.e. the deletion of the College working groups – which create redundancies and duplication with the work of the Eurojust staff – would impact positively the agency’s efficiency.
C.PO2: This option would not introduce any new governance bodies, but would clarify and rebalance the roles and responsibilities of the College and the EB, as well as the position of the AD.
By ensuring that the tasks taken on by each body are clear and adequately reflect the respective purposes of each body and the skills, knowledge and experience of their members, repetitive discussions between bodies should be reduced and the effectiveness and efficiency of decision-making should improve. The AD should take on responsibilities for which they are best placed. The new role of the EB should lead to reductions in the time spent by NMs dealing with administrative matters in the College, thereby allowing them to reallocate their time to higher-value operational activities.
By removing overlaps in administrative tasks between the College and the EB through the definition of a clear division of responsibilities in this area, it is estimated that the FTE per NM associated with preparing for and participating in College meetings will reduce by 30%. This time saving for operational matters and the reduction of overlaps in activities is expected to provide a positive impact on efficiency. More broadly, the global effectiveness of the governance model will be improved.
Regarding the composition of the EB, abolishing the rotation systemfor the selection of NMs should lead to the selection of NMs with appropriate skills and higher level of engagement, resulting in a more effective and efficient EB. Lastly, the shifting of responsibilities, related to defining strategic priorities, from the CF would increase the NMs working time devoted to operational tasks. With a moderate cost impact, the efficiency and coherence of this mechanism will be positive.
C.PO3: The significant change in the governance and decision-making structures of Eurojust is expected to have a major impact. This paradigm shift will increase alignment with the governance models of other EU agencies, leading to stronger coherence. The working time that the College will be able to devote to operational task will increase substantially (around +40%) and will consequently have a significant impact on the effectiveness in terms of the contribution to activities at the heart of the mandate of the agency: supporting national authorities to combat serious and cross-border crime. In addition, the two vice-presidents and the two NMs (appointed by a rotation system) currently sitting in the EB would fully work on operational matters.
The introduction of a MB would introduce new moderate costs and time commitments and a new layer in the institutional framework could create and burden: nevertheless, the associated efficiency gain expected (1.46 FTE p.a.) is high due to the time saved for the EB and the College. In addition, the better involvement of Member States, with specific supervisory skills from representatives, will improve oversight and the qualitative functioning of the agency.
Table 7: Impacts of policy option in intervention area C
|
C. Establishing a streamlined, coherent and role-clear governance system that accelerates decision-making
|
Effectiveness
|
Efficiency
|
Coherence
|
Total criteria score
Sensitivity 2
|
|
Addressing problem driver(s):
#4 Lack of clear separation between operational and administrative responsibilities
#5 Complex governance structure and outdated legacy organisational culture
|
SO1
|
GO
|
Effectiveness score
= average SO1+GO
|
|
Internal
|
External
|
Coherence score
= average Internal+ External
|
Effectiveness = 0.5
Efficiency = 0.3
Coherence = 0.2
|
|
C.PO1 (i)
|
0.50
|
0.50
|
0.50
|
0.50
|
0.50
|
0.50
|
0.50
|
0.50
|
|
C.PO2 (i and ii)
|
1.50
|
1.00
|
1.25
|
1.00
|
1.00
|
1.00
|
1.00
|
1.13
|
|
C.PO3 (i, ii and iii)
|
3.00
|
2.50
|
2.75
|
2.50
|
2.00
|
2.00
|
2.00
|
2.53
|
6.2.
Specific Objective 2
The following policy options would contribute to Specific Objective 2 which aims at an optimal alignment, implementation and operational integration with Member States, EU partners and third countries, and would address the problem drivers #8 to #10.
·Options in intervention area D
D.PO1: This package of technical measures and working arrangements represents the minimum option proposed to strengthen cooperation between Eurojust and Europol. It could be implemented at low cost, although it would still require a certain commitment of material, human and time resources, notably to update the hit/no-hit system and negotiate the revision of the existing working arrangements.
The automation of the hit/no-hit system (i.a) would reduce the risk of human error and accelerate follow-up actions. Moreover, the effectiveness of revised working arrangements (ii.a) would largely depend on the substance of the changes introduced and on their effective implementation, with a risk that they remain largely ineffective in practice.
Overall, this option is expected to generate only a very limited impact on the support provided to national authorities. At the same time, its implementation could constitute a first step towards the development of a more integrated digital cooperation framework.
D.PO2: This option introduces legal obligations for the two agencies to step up their cooperation (i.b, ii.b), producing effects similar but higher to those envisaged under D.PO1 as there is a greater likelihood of higher level of reciprocal engagement and cooperation. It also provides for more structured coordination in relation to SIRIUS referrals (iii), which would have a positive impact on the support provided to national authorities, and further coordination and improved coherence through involvement of Europol liaison officers in the College (iv).
The increased level of coordination would improve operational output, notably by enabling the identification of a higher number of connected cases. At the same time, the larger number of identified cases may generate additional resource needs for Member States, both at the level of national desks and within prosecution authorities.
The effectiveness of this option would depend on adequate inter-agency coordination, such as introducing corresponding provisions in the Europol Regulation.
Overall, this option is expected to have a moderately positive impact on the fight against crime and on digitalisation, while entailing moderately higher transactional costs.
D.PO3: This option envisages the highest level of structured working arrangements between Europol and Eurojust. In addition to the measures under D.PO2, it introduces the codification of a series of operational modalities governing their cooperation (v).
These measures would structure the early involvement of Eurojust in investigations and are expected to further strengthen cooperation and coherence by fostering greater mutual understanding and more systematic institutional coordination. They would also clarify the respective roles of the two agencies, helping to avoid duplication of work while increasing the number of operational links detected and potential connected cases identified, ultimately ensuring operational continuity between their actions.
As a result, this option would have a positive impact on the fight against crime and on the protection of citizens. At the same time, the increased number of identified cases may create additional resource needs for Member States, particularly in relation to investigations and prosecutions.
Overall, this option is expected to generate the strongest positive impact among the available policy options. However, it would entail higher feasibility costs, as it would require amendments to the Europol and Eurojust Regulations, as well as sustained operational engagement from Europol and Eurojust and the mobilisation of additional resources.
Table 8: Impacts of policy option in intervention area D
|
D. Fostering and strengthening structured operational cooperation with Europol
|
Effectiveness
|
Efficiency
|
Coherence
|
Total criteria score
Sensitivity 2
|
|
Addressing problem driver(s):
#8 Absence of a structurally embedded cooperation with Europol
|
SO2
|
GO
|
Effectiveness score
= average SO2+GO
|
|
Internal
|
External
|
Coherence score
= average Internal+ External
|
Effectiveness = 0.5
Efficiency = 0.3
Coherence = 0.2
|
|
D.PO1 (i.a, ii.a)
|
0.50
|
0.00
|
0.25
|
0.50
|
0.75
|
0.75
|
0.75
|
0.43
|
|
D.PO2 (i.b, ii.b, iii, iv)
|
1.13
|
0.88
|
1.00
|
1.38
|
1.25
|
1.88
|
1.56
|
1.23
|
|
D.PO3 (i.b, ii.b, iii, iv, v)
|
1.50
|
1.30
|
1.40
|
1.50
|
1.40
|
1.90
|
1.65
|
1.48
|
·Options in intervention area E
E.PO1: This option introduces a minimum set of measures, notably the further automation of the hit/no-hit system (i.a), mirroring the approach envisaged for Europol under D.PO1. These technical adjustments could be implemented at relatively low cost and would streamline existing processes.
While the automation of the system would reduce the risk of human error and improve the efficiency of follow-up actions, it is not expected to significantly increase the number of queries or hits. Nevertheless, the optimisation of the current system could represent an important building block for the future development of a more integrated digital cooperation tool.
Overall, this option is expected to generate a limited impact on digitalisation and a very limited impact on operational effectiveness, while entailing relatively low implementation costs.
E.PO2: In addition to the measures envisaged under E.PO1, this option introduces a cross-agency information exchange and link detection mechanism (inter-agency hit/no hit mechanism) (i.b). It also envisages granting Eurojust an explicit mandate to provide reinforced support to the EPPO (ii) and enabling EPPO liaison officers to participate in the Eurojust College (iii).
These measures would enhance operational cooperation between Eurojust and the EPPO, notably by strengthening digital information exchange and fostering greater mutual engagement, understanding and operational alignment between the two bodies. The reinforced mandate for Eurojust to support EPPO cases would also contribute positively to the fight against cross-border crime, particularly by increasing the capacity to detect offences affecting the financial interests of the Union and related criminal activities, such as organised crime, thereby potentially leading to the opening of additional cases at Eurojust. While the material competence of the EPPO remains limited to crimes affecting the Union’s financial interests, Eurojust’s involvement in EPPO cases could facilitate the identification of additional linked criminal conduct beyond the EPPO’s core mandate, in particular in the area of organised crime. At the same time, deeper engagement with the EPPO would require the allocation of additional human, financial and time resources.
Overall, this option is expected to generate a significantly positive impact on the fight against crime and on operational cooperation, with costs primarily linked to the additional resources that Eurojust would need to mobilise to fulfil these tasks.
E.PO3: Building on the measures under E.PO2, this option introduces the establishment of a Eurojust-EPPO clearing-house mechanism for case allocation (iv).
In addition to the impacts described above, this mechanism would be expected to improve operational efficiency by providing greater clarity on the respective spheres of competence of Eurojust and the EPPO. A more structured allocation of cases would facilitate coordination between the two bodies and help ensure that cases are handled by the authority best placed to act. At the same time, the establishment and maintenance of a clearing-house mechanism would entail comparatively higher costs, notably in terms of the human and financial resources required to operate and sustain the mechanism. It would also require the adoption of mirroring provision in the EPPO Regulation.
This option would generate a strong positive impact on operational coordination and efficiency, while involving higher implementation and resource costs.
Table 9: Impacts of policy option in intervention area E
|
E. Promoting fully developed cooperation with the EPPO
|
Effectiveness
|
Efficiency
|
Coherence
|
Total criteria score
Sensitivity 2
|
|
Addressing problem driver(s):
#9 Constrained cooperation with the EPPO
|
SO2
|
GO
|
Effectiveness score
= average SO2+GO
|
|
Internal
|
External
|
Coherence score
= average Internal+ External
|
Effectiveness = 0.5
Efficiency = 0.3
Coherence = 0.2
|
|
E.PO1 (i.a)
|
0.50
|
0.00
|
0.25
|
0.75
|
1.00
|
0.50
|
0.75
|
0.50
|
|
E.PO2 (i.b, ii, iii)
|
1.33
|
0.83
|
1.08
|
1.50
|
1.67
|
1.00
|
1.33
|
1.26
|
|
E.PO3 (i.b, ii, iii, iv)
|
1.38
|
0.75
|
1.06
|
1.31
|
1.63
|
1.00
|
1.31
|
1.19
|
·Options in intervention area F
F.PO1: Options presented are expected to facilitate the process for establishing relations with international actors (#10). F.PO1 aims to mitigate this driver by introducing cooperation commitments in agreements with third countries with political and economic implications as a cross-cutting non-legislative measure. The impact of this measure is difficult to assess: it could potentially incentivise third countries towards a stronger convergence with EU standards but would depend on the interests at stake, as well as political willingness, assuming that EU data protection standards, and fundamental rights, are respected. Despite these limitations, the inclusion of obligations related to judicial cooperation could especially facilitate specific cases where third countries have a keen interest in financial support from the EU and would thus have a positive impact compared to the current situation. This is confirmed by a survey conducted by the contractor and included in the Support study, in which respondents were of the opinion that the inclusion of these conditionalities would contribute to expand third country engagement to at least a moderate extent (54.3%, n=101 out of 186). Ultimately, this measure would contribute to improving the investigation of crimes, also in cooperation with third countries, and would therefore have a positive impact.
F.PO2: This policy option includes the first non-legislative measure on the cooperation obligations but adds further substantive measures: clarifying the legal framework governing LMs (ii), institutionalising Resident Contact Points for priority countries (iii) and granting participation in College meetings to LPs (iv).
The expected impact of the first of these additional measures (ii) would be a strengthened cooperation with third countries that would increase exchanges and case numbers. Together with the measure of institutionalising resident Contact Points (iii) this policy option would present significant administrative, financial and operational burdens for Eurojust. Moreover, there is the risk that LMs would function merely as contact points due to limited expertise in diverse national legal systems.
Despite the challenges, the LMs and resident Contact Points are a strategic and necessary evolution in Eurojust’s capacity to strengthen judicial cooperation with third countries. Their deployment in key regions (e.g., Africa, Middle East) would provide reliable channels for judicial cooperation, reducing delays for critical requests. This could be especially valuable for Member States with limited diplomatic networks and besides, enhance Eurojust’s visibility and credibility as a central hub for international criminal justice cooperation. Similarly, Resident Contact Points would ease cooperation with countries where formal agreements are difficult to negotiate, offering a pragmatic and flexible alternative. Case volumes would increase.
Clear rules on LMs and Resident Contact points would also enhance overall coherence. With the formal participation of LPs in the College (iv) it would be ensured that discussions are grounded in up-to-date and field-based intelligence, improving the Agency’s ability to anticipate and respond to evolving transnational trends and would have a positive impact on reaching Specific Objective 2. Member States’ interests would be safeguarded by the fact that LPs retain their national practitioner status.
In terms of efficiency, it would be ensured the resources are allocated better since the direct involvement of the LPs would reduce redundant consultations with third country authorities. Moreover, since they are already deployed, their formal integration into the College would require only minor additional funding.
Coherence with the existing framework would be ensured.
F.PO3: The third policy option in that area builds on the previous by adding one additional measure: entrusting Eurojust with an explicit capacity building mandate in external action (v). This would further align with the specific objective and improve third countries’ ability to align with EU standards and reaching trust and operational compatibility. However, effectiveness in that regard would depend on third countries’ political will.
Funding would be streamlined (e.g., form ICPA-FPI, DG INTPA) under Eurojust’s budget and reduce administrative fragmentation or duplication. On the cost side additional staff (FTEs) would be needed and there is a risk of overstretching, diverting resource from Eurojust’s operational work.
This policy option would be coherent with EU policies. As the policy option of highest intensity, particular legal clarity in the EJR amendment would be needed to avoid conflicts with other EU actors.
Table 10: Impacts of policy option in intervention area F
|
F. Consolidating cooperation with third countries and international organisations
|
Effectiveness
|
Efficiency
|
Coherence
|
Total criteria score
Sensitivity 2
|
|
Addressing problem driver(s):
#10 Cumbersome process for establishing relations with international actors
|
SO2
|
GO
|
Effectiveness score
= average SO2+GO
|
|
Internal
|
External
|
Coherence score
= average Internal+ External
|
Effectiveness = 0.5
Efficiency = 0.3
Coherence = 0.2
|
|
F.PO1(i)
|
0.50
|
0.50
|
0.50
|
0.50
|
0.00
|
1.00
|
0.50
|
0.50
|
|
F.PO2 (i, ii, iii, iv)
|
1.50
|
0.88
|
1.19
|
0.88
|
0.63
|
0.75
|
0.69
|
0.99
|
|
F.PO3 (i, ii, iii, iv, v)
|
1.40
|
0.80
|
1.10
|
0.80
|
0.60
|
0.80
|
0.70
|
0.93
|
7.
How do the options compare?
To compare the policy options, a multi-criteria analysis (MCA) was used, which took into account the effectiveness, efficiency, and coherence of all policy options. This analysis is based on two components: the gradual assessment of each policy option and the weighting assigned to each impact representing its relative importance. A score was given to each policy option on a scale from -3 to +3 (as further explained in Annex IV) based on the analysis of quantitative and qualitative evidence. Effectiveness, efficiency, and coherence were each weighed at 50%, 30% and 20% respectively.
The assessment was performed separately for the two specific objectives, each with its own set of policy options: Specific Objective 1 (Internal) - Streamlining Eurojust's operational capacity, Member State implementation and internal governance; Specific Objective 2 (External) - Achieve optimal alignment and operational integration with Member States, EU partners and third countries. The policy options under these two separate objectives are assessed independently of one another and have no mutual interdependencies (the objectives addressing clearly distinct themes and goals). Under each Specific Objective, three thematic areas (A, B, C for SO1; D, E, F for SO2) were examined. Within each thematic area, three policy options – differing in scope (PO1: light change, PO2: moderate change, PO3: substantial change) – were presented alongside their respective impacts. The resulting nine policy options under each Specific Objective were then compared against the criteria of effectiveness, efficiency, and coherence. Effectiveness was graded based on the extent to which each policy option achieved its respective specific objective and contributed to the general objective. Efficiency was assessed through a cost-benefit analysis, with the overall efficiency score reflecting the net effect of benefits minus costs (where 3 = highest benefit at lowest cost). Coherence was evaluated globally, taking into account internal coherence (alignment with the EJR) and external coherence (consistency with other EU legal acts and policies).
The results of the MCA show that policy options A.PO3, B.PO3, C.PO3, D.PO3, E.PO2, F.PO2 rank highest under all three criteria. The table below summarises the results of the assessment of all policy options described in chapter 6.
Table 11: Impacts of policy options in intervention areas A, B, C, D, E and F
|
Area of intervention
|
Policy options
|
Effectiveness
|
Efficiency
|
Coherence
|
Total =
0.5*Effectiveness +
0.3*Efficiency +
0.2*Coherence
|
|
A. Extending the scope of material competences to face the new judicial landscape
|
A.PO1
|
0.33
|
0.33
|
0.58
|
0.38
|
|
|
A.PO2
|
1.00
|
1.25
|
1.06
|
1.09
|
|
|
A.PO3
|
1.00
|
1.60
|
1.15
|
1.21
|
|
B. Harmonising Member State implementation of the EJR, including on allocation of cases
|
B.PO1
|
0.25
|
0.25
|
0.38
|
0.28
|
|
|
B.PO2
|
0.83
|
1.17
|
1.25
|
1.02
|
|
|
B.PO3
|
1.00
|
1.38
|
1.25
|
1.16
|
|
C. Establishing a streamlined, coherent and role-clear governance system that accelerates decision-making
|
C.PO1
|
0.50
|
0.50
|
0.50
|
0.50
|
|
|
C.PO2
|
1.25
|
1.00
|
1.00
|
1.13
|
|
|
C.PO3
|
2.75
|
2.50
|
2.00
|
2.53
|
|
D. Fostering and strengthening structured operational cooperation with Europol
|
D.PO1
|
0.25
|
0.50
|
0.75
|
0.43
|
|
|
D.PO2
|
1.00
|
1.38
|
1.56
|
1.23
|
|
|
D.PO3
|
1.40
|
1.50
|
1.65
|
1.48
|
|
E. Promoting fully developed cooperation with the EPPO
|
E.PO1
|
0.25
|
0.75
|
0.75
|
0.50
|
|
|
E.PO2
|
1.08
|
1.50
|
1.33
|
1.26
|
|
|
E.PO3
|
1.06
|
1.31
|
1.31
|
1.19
|
|
F. Consolidating cooperation with third countries and international organisations
|
F.PO1
|
0.50
|
0.50
|
0.50
|
0.50
|
|
|
F.PO2
|
1.19
|
0.88
|
0.69
|
0.99
|
|
|
F.PO3
|
1.10
|
0.80
|
0.70
|
0.93
|
8.
Preferred option
Based on the impacts assessed (chapter 6) and comparison of policy options (chapter 7), the preferred option is the package of preferred policy options under each intervention area.
All policy options retained are complementary and reflect the evidence collected (i.e. stakeholders’ views). They scored highest in terms of their effectiveness (towards their specific objective and the general objective), efficiency and coherence mix:
Table 12: Preferred Option
|
Preferred Option
|
|
A. Extending the scope of material competences to face the new judicial landscape
Addressing problem driver(s): #2 Insufficient competences and associated toolset
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A.PO3
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i.b Enhancing Eurojust’s involvement in EU policy-making and strategic cycles by introducing a dedicated EJR provision
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ii.b Formally entrusting Eurojust with new operational functions (e-evidence, victims’ rights)
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iii.b Introducing semi-permanent operational platforms to support JITs by introducing a reference in the EJR
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iv. Extending Eurojust’s material competence to new crimes (VURM, cybercrime, GBV)
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v. Expanding Eurojust’s analytical function to key crime areas (organised crime and accessory crimes)
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B. Harmonising Member State implementation of the EJR, including on allocation of cases
Addressing problem driver(s): #1 Inadequate model to select and prioritise cases; #3 Divergent Member State engagement and implementation of the EJR
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B.PO3
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i.b Introducing a Eurojust-EJN case-allocation system by defining in EJR what’s a ‘Eurojust case’
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Ii.b Reinforce the status of National Members to give them full operational powers by amending EJR provisions
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iii. Entrusting National Members with new capabilities (issuing freezing orders (or immediate action), e-evidence orders, signing JIT agreements)
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iv. Granting National Members the authority to open cases
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C. Establishing a streamlined governance system that accelerates decision-making
Addressing problem driver(s): #4 Lack of clear separation between operational and administrative responsibilities; #5 Complex governance structure and outdated legacy organisational culture
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C.PO3
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i. Revision of the allocation of responsibilities between governance bodies
ii. Reform of the Executive Board
iii. Introduction of a Management Board
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D. Fostering and strengthening structured operational cooperation with Europol
Addressing problem driver(s): #8 Absence of a structurally embedded cooperation with Europol
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D.PO3
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i.b Optimising Eurojust-Europol’s hit/no-hit system through technical measures linked to new legal obligations
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ii.b Revising the 2010 Eurojust-Europol Working Arrangement and introducing an obligation of periodic review
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iii. Creating a dedicated cooperation channel for systematic follow up on SIRIUS referrals
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iv. Granting participation in College meetings to Europol representatives
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v. Codifying cooperation modalities between Eurojust and Europol
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E. Promoting fully developed cooperation with the EPPO
Addressing problem driver(s): #9 Constrained cooperation with the EPPO
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E.PO2
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i.b Optimising Eurojust-EPPO’s hit/no-hit system through technical measures linked to new legal obligations
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ii. Establishing an explicit mandate for Eurojust to provide reinforced support in EPPO cases
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iii. Granting participation in College meetings to EPPO representatives
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F. Consolidating cooperation with third countries and international organisations
Addressing problem driver(s): #10 Complex process for establishing relations with international actors
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F.PO2
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i. Introducing cooperation commitments in agreements with third countries with financial implications
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ii. Clarifying the legal framework governing Liaison Magistrates
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iii. Institutionalising Resident Contact Points for priority third countries
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iv. Granting participation in the College meetings to LPs
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8.1.
Presentation of the cumulative impact of the preferred option
The preferred option is a package that generates cumulative impact by combining measures that address different but interrelated drivers of the problem. Taken together, these measures form a coherent and mutually reinforcing revision of the Eurojust mandate: they strengthen Eurojust’s ability to support Member States to combat serious and cross-border crime more effectively than any individual measure alone.
First, several mutually reinforcing legislative measures would formally codify and expand Eurojust’s mandate and operational competences. The Regulation would provide the legal basis for operational practices already envisaged under earlier policy options, while extending Eurojust’s material competence to emerging crime areas through amendments to Annex I. In parallel, Eurojust’s analytical capacity would be strengthened by granting the Agency the mandate to collect, store and analyse judicial data related to organised crime, supporting national authorities in evidence-building and strategic case development.
Second, complementary measures would reinforce operational coordination and legal certainty within Eurojust. Once again, a legislative amendment is required. The concept of a “Eurojust case”, and the eligibility requirements for NMs, would be better defined, ensuring consistent practices across Member States. NMs’ operational powers would be enhanced, enabling them to issue or facilitate key judicial cooperation instruments (such as freezing and investigation orders, and e-evidence production or preservation orders) while remaining subject to a conferral of powers under national law. In the preferred option, NMs would be empowered to open cases concerning serious cross-border crime. These measures align Eurojust’s operational tools with clearer institutional rules, strengthening the Agency’s ability to act proactively while preserving national authorities’ investigative primacy.
Third, the reform measures would modernise Eurojust’s governance and internal management structure in line with the Common Approach for decentralised agencies. This governance reform complements the operational measures by ensuring that strengthened operational tasks and competences are supported by a more efficient and clearly structured decision-making framework. This will ensure that NMs can focus on operational work and that independent oversight is allocated to an external MB. As already explained in Chapter 2 regarding the presentation of the problem driver #5, Governance inefficiencies are rooted in a legacy culture but also due to legal uncertainties in the division of tasks and accountabilities. While Eurojust had been encouraged to evolve its working practices towards greater efficiency, the trend observed in practice has been the opposite, as highlighted in the evaluation study. The preferred option would reposition the College towards a more operationally focused function, while ensuring that management and administrative decisions are taken by the bodies best placed and competent to handle them efficiently. These structural changes require a legislative intervention (best score on C.PO3).
Fourth, certain measures would enhance data protection and data management capabilities, specifying the application of the EU data protection regime within the EJR and allowing longer retention of operational personal data for analytical and strategic purposes. These provisions are consistent with the expansion of Eurojust’s analytical role and ensure that enhanced data processing capacities operate within a clear and robust legal framework. This new, more harmonised and improved legal framework will maintain a high level of data protection whilst supporting the operational needs for the transfer of information. Finally, the package would strengthen cooperation with key partners, at EU (in particular Europol and the EPPO) and external (third countries) level. Legislative amendments would structure information exchange, reinforce the relevance of dedicated cooperation channels, embed coordination obligations, and institutionalise operational practices such as JOPs or task forces and resident contact points.
Taken together, the different measures form a consistent and mutually reinforcing reform package: internal governance reforms support stronger operational competences; expanded analytical and data capacities underpin the Agency’s broader mandate; and structured cooperation mechanisms ensure that Eurojust’s enhanced role is effectively integrated within the EU’s broader security and justice architecture and beyond.
8.2.
Impact of the preferred option
8.2.1. Effectiveness
The cumulative impact of the preferred package is highly effective because it satisfies the goals of the two specific objectives while also addressing the problem drivers. By combining legislative, governance, and operational measures, the package creates mutually reinforcing effects. Expanded material competences enable Eurojust to support national authorities in new crime areas, while harmonised Member State implementation ensures these competences are evenly applied. Streamlined governance reduces administrative bottlenecks, allowing Eurojust to focus on operational priorities, such as third country cooperation. The package aligns with stakeholders demands and EU strategic priorities, ensuring political feasibility and operational relevance. It enhances Eurojust’s proactivity, transforming it from a reactive coordination body to a strategic, agile and analytical hub for cross-border judicial cooperation.
oSpecific Objective 1
In detail, using the criterion of effectiveness A.PO3 (i.b, ii.b, iii.b, iv, v), B.PO3 (i.b, ii.b, iii, iv) and C.PO3 (i, ii, iii) are the most effective because they collectively strengthen the EU’s ability to detect, coordinate and prosecute serious and cross-border crime. Their effectiveness stems from reinforcing Eurojust’s role as a central hub for judicial cooperation while improving coordination between national authorities and enabling faster operational responses.
First, these options significantly enhance the EU’s capacity to respond to increasingly complex and transnational criminal activities. By reinforcing Eurojust’s operational role and expanding its capacity to support national authorities, the EU’s judicial cooperation framework becomes better equipped to address sophisticated criminal structures that exploit legal and procedural differences between Member States. New operational tasks, in particular related to electronic evidence and victims’ rights, improve coordination in key investigative areas. The establishment of semi-permanent operational platforms supporting JITs facilitates sustained cooperation in complex cases. A.PO3 improves the prioritisation and management of cross-border criminal cases which allows Eurojust to focus more complex investigations. This ensures that judicial coordination tools are used where they generate the greatest added value. Extending Eurojust’s competence to emerging crime areas alongside expanded analytical capacity enables the Agency to detect patterns and better support prosecutions in cross-border cases.
Second, the preferred option increases the speed and relevance of operational coordination. Serious cross-border investigations often require rapid information exchange, swift judicial decisions and coordinated prosecutorial strategies across multiple jurisdictions. By reducing procedural fragmentation and improving coordination mechanisms, these options allow authorities to react more quickly and effectively to emerging criminal threats. B.PO3 further improves effectiveness by harmonising how Member States implement the EJR. The introduction of a Eurojust–EJN case allocation system and a clearer definition of a “Eurojust case” helps focus the agency’s work on the most complex cross-border investigations. Granting NMs full operational powers reduces procedural delays and strengthens coordination between national authorities.
Third, the options improve organisational efficiency and strategic coordination, enabling Eurojust to support Member States more effectively in dismantling organised criminal networks. A clearer institutional framework facilitates faster decision-making and allows resources to be directed towards operational priorities in the fight against serious crime. C.PO3 enhances effectiveness by simplifying Eurojust’s governance structure. The creation of a MB separates administrative and operational responsibilities, streamlines decision-making and enables faster responses to complex investigations.
Together, these options reinforce Eurojust’s role as a central hub for judicial cooperation, improve prioritisation of cross-border cases, accelerate operational coordination and strengthen the EU’s ability to detect, coordinate and prosecute complex transnational criminal activities.
oSpecific objective 2
The package of preferred policy options appears the most effective because they directly reinforce the operational judicial ecosystem in which Eurojust supports complex transnational investigations and prosecutions. Indeed, D.PO3 (i.b, ii.b, iii, iv, v), E.PO2 (i.b, ii, iii) and F.PO2 (i, ii, iii, iv) increase significantly the relationship between Eurojust and all its external partners, by improving information exchange, strengthening institutional cooperation and extending operational coordination at EU level and beyond EU borders (third countries and international organisations).
D.PO3 significantly strengthens the EU’s capacity to tackle serious crime by ensuring structured operational cooperation between Eurojust and Europol, in both terms of data exchange but also operational synergies, helping establish a police-justice continuum. Indeed, the combination of Europol’s criminal intelligence and Eurojust’s judicial coordination allows authorities to detect cross-border criminal patterns more quickly and to translate intelligence into timely and well-coordinated judicial investigations and prosecutions.
In the same way, E.PO2 enhances the effectiveness of EU action against complex financial crime and other cross-border offences by ensuring closer cooperation between Eurojust and the EPPO. Stronger coordination between the two bodies helps avoid parallel proceedings, facilitates cooperation with non-participating Member States and third countries, and supports comprehensive case handling in investigations with a cross-border dimension.
Finally, F.PO2 increases effectiveness by reinforcing operational cooperation with third countries and international partners, which is essential given the global dimension of many organised crime activities. Introducing cooperation obligations in agreements with third countries, clarifying the legal framework for LMs, institutionalising Resident Contact Points for priority partners, and enabling the participation of LPs in College meetings create more stable operational channels. All these measures proposed in this policy option enhance a more structured external cooperation, especially by the means of interpersonal contacts between practitioners.
8.2.2. Efficiency
The preferred package of policy options includes a majority of options corresponding to the highest level of intervention (PO3). These introduce more significant changes to the current operational and institutional framework of Eurojust than the alternatives providing only minimal or moderate changes. As a result, the preferred package is expected to generate substantial operational benefits, while also requiring a greater mobilisation of resources and organisational adjustments.
In particular, the implementation of the preferred package will require Eurojust, its partner agencies and bodies, and especially Member States, to adapt their working methods, cooperation practices and established operational routines. Such adjustments may entail transitional costs and require time and effort to be fully absorbed by the different actors involved. The transition to new working arrangements may therefore initially encounter certain practical difficulties, including the need to move away from well-established practices and cooperation patterns. In some cases, this may also require changes to national legal frameworks and institutional relations within Member States, as well as the gradual adoption of a new working culture within Eurojust.
Once these initial adjustments are absorbed, however, the new framework is expected to generate considerable efficiency gains in several areas. Most notably, the governance reform (C.PO3) will allow the College to focus fully on the handling of cases, which should improve both the speed and the quality of the operational support provided to Member States. At the same time, the new overall management reorganisation (creation of a MB and new tasks and composition for the EB) is expected to improve the allocation of time and responsibilities within the Agency.
Similarly, the strengthened involvement of liaison officers and representatives of partner bodies in the work of the College, including liaison officers from Europol and the EPPO, as well as LPs from third countries, is expected to add value to operational discussions by bringing additional expertise and information to case-related deliberations. At the same time, the participation of a broader range of actors may slightly increase the time required for discussions and coordination, as additional perspectives and institutional positions will need to be taken into account.
More broadly, the preferred package places strong emphasis on improving cooperation with other EU agencies and bodies (D.PO3, E.PO2). The streamlining of cooperation mechanisms and the clarification of respective roles are expected to reduce duplication of work and overlapping activities, thereby generating efficiency gains and improving the quality of operational outcomes through increased availability of information and expertise. However, closer cooperation also entails coordination costs, including the need for additional meetings, exchanges and increased operational engagement.
The preferred package also strengthens the operational role and proactivity of Eurojust and of NMs, while extending the range of tasks for which the Agency is competent (A.PO3, B.PO3). As a result, the number of cases handled by the Agency may increase. Assuming unchanged resource levels, this may initially place additional pressure on Eurojust’s operational capacity and require adjustments in the prioritisation of activities. However, this effect is expected to be at least mitigated by the governance reforms. These will free up additional time for NMs to focus on operational work by reducing their involvement in administrative tasks, and by a clearer understanding of what constitutes a “Eurojust case”. In addition, extending Eurojust’s tasks with regard to the storage and analysis of evidence is expected to have a significant impact on data storage costs and will require additional resources to be devoted to strengthening the Agency’s analytical capacity. Nevertheless, the positive impact of having evidence databases and analysed datasets readily available to support case-building is considered to far outweigh the costs associated with establishing and maintaining this function.
The increase in Eurojust’s capacity to detect and open cases may also lead to a higher number of investigations and prosecutions at national level. National authorities may therefore need to allocate additional resources to their prosecution services in order to handle the increased caseload generated by the strengthened operational role of the Agency.
Finally, the preferred package strengthens cooperation with international partners (F.PO2), including through the institutionalisation of mechanisms such as Resident Contact Points. These arrangements are expected to facilitate operational cooperation with third countries by providing reliable channels for judicial exchanges and reducing delays in handling requests. At the same time, the deployment and integration of such actors within Eurojust will require specific organisational arrangements; these include office space, IT infrastructure, and data protection and information security safeguards to prevent the disclosure of sensitive information in the absence of formal cooperation agreements. These requirements may therefore entail additional operational costs for the Agency.
The preferred package is expected to entail certain implementation and coordination costs, reflecting the more structural changes introduced by the reform. Nevertheless, these costs are considered proportionate in light of the substantial operational benefits expected from the strengthened role of Eurojust and the increased focus on case handling. The one-off costs are estimated between EUR 4.4 million – 5.6 million and the recurrent costs p.a. would amount to EUR 9.3 million – 9.4 million on average over the course of the Multiannual Financial Framework (MFF) 2028-2034 for the implementation of the revised mandate (additional staffing and set up/operating infrastructures). In addition, the progressive use of new capabilities is expected to generate operational expenditure for around EUR 1.7 million on average per year over the course of the next MFF. Overall, this will amount to estimated needs of extra EUR 83 million for Eurojust from 2028 to 2034. Detailed estimations of the financial needs of the reformed Agency are included in Annex III. Taken together, the measures included in the preferred package are therefore expected to generate a positive overall impact on efficiency, by enabling the Agency to operate in a more structured, coordinated and operationally focused manner.
8.2.3. Coherence
oInternal coherence
Overall, the preferred policy options are broadly consistent with the structure and objectives of the EJR (EU) 2018/1727, although some measures raise institutional balance considerations.
A.PO3 (extension of competences) shows moderate-high internal coherence, as it builds on Eurojust’s coordination role, particularly regarding support to JITs and operational cooperation. However, expanding operational or analytical functions (e.g. in e-evidence, asset recovery or strategic analysis) may blur the boundary between coordination and operational powers. In addition, A.PO3 is fully coherent with other EU legislation (e.g., Directives on gender based violences, victims’ rights, etc.) and strategies (SOCTA etc.) regarding new material competences. Moreover, it strengthens alignment of Eurojust’s judicial role with EU strategic cycles. No issues are expected in terms of internal coherence concerning the new dedicated hub for organised crime in addition to the already established and valued CICED and CTR. On the contrary, an analytical competence in this crime area, which is the top priority of criminal justice policies at national and EU level (including organised drug trafficking) is therefore entirely consistent.
B.PO3 (harmonising Member State implementation) demonstrates good internal coherence because clarifying the notion of a “Eurojust case”, strengthening the powers of NMs, and enabling them to open cases, directly address divergences in the application of the EJR. However, in practice, the consistency and added value will depend on Member States’ compliance and the practices of national desks with the requirement to appoint NMs; their reluctance to do so may significantly hinder the aimed reduction of fragmentation. Harmonisation of NMs’ status increases the coherence of this policy option because it is inconsistent to have fragmented profiles, in particular in the case of an emergency. In the same way, conferring operational capabilities on each NM, in accordance with their national system, is highly coherent with the current EU judicial landscape (e.g. importance of JITs, mutual recognition tools, etc.) and recent developments such as the e-evidence framework. Lastly, the proactivity permitted by the possibility for NMs to trigger a case at Eurojust level is coherent with the operational support for national authorities in some specific circumstances, in accordance with the legal basis of the agency.
C.PO3 (governance reform) presents a high degree of internal coherence due to the aim of enhancing the performance of decision making. The significant change in the governance and decision-making structures of Eurojust is expected to align with the need to clearly focus the College on operations and leave the administrative tasks to other bodies (EB and MB). The College itself is preserved for operational matters, in coherence with the singularity of this agency in dealing with judicial cases and interacting, with mutual trust, with national authorities.
D.PO3, E.PO2, and F.PO2 (external cooperation) display high internal coherence, as strengthening cooperation with partner bodies, the EPPO, and third countries builds on existing cooperation mechanisms already foreseen in the EJR. In particular, all synergies proposed between Europol and Eurojust are totally coherent with the mission of this Agency, which must operate “on the basis of operations conducted and information supplied (…) by Europol”: option D.PO3 aims to enhance this continuum (in particular via this “judicial threshold”). Participation of Europol and EPPO representatives in the College is fully coherent with the current legal framework, which provides that members of the College can “be assisted by advisers and experts”.
oExternal coherence
Externally, the options are largely consistent with the EU’s broader framework for judicial and law enforcement cooperation as well as with the recent developments in the ongoing review of the AFA. The direct link with current reflections led at Council level, the ProtectEU Internal Security Strategy and the Commission White Paper that launched the review of the AFA reinforces this coherence.This coherence is high regarding ongoing legislative and policy initiatives in the fields of JHA and AFA. Indeed, on the one hand, the integration of the agency’s operational and analytical capabilities into a broader ecosystem designed to tackle new forms of crime in a cross-cutting manner, in collaboration with other active partners (notably Europol), is fully in line with current paradigm on how agencies and bodies specialising in the fight against crime should operate. On the other hand, the AFA review seeks to enhance effectiveness by, avoiding overlaps between EU agencies and bodies active in the fight against crimes affecting the Union’s financial interests, including by enhancing the hit/no-hit system. The AFA review also aims to make better use of financial and human resources whilst addressing new challenges, such as the increased involvement of cross-border and organised crime groups targeting EU funds or the use of advanced technologies, including artificial intelligence tools. In this context, the Commission is finalising its evaluation of the EPPO and OLAF Regulations and, based on their findings, will propose a revision of both Regulations, which will also likely encompass proposals to revamp the relations between Eurojust and the EPPO and OLAF.
A.PO3 highlights a moderate external coherence: extending competences to emerging crime areas (e.g. cybercrime) aligns with EU policy priorities, but expanding analytical or operational roles may risk overlap with the mandate of Europol. Concerning the new analytical competence of judicial data on the field of organised crime, overlaps and/or duplication of work may occur with Europol’s role. Even if minor practical coherence issues could arise, depending on the implementation by Member States in terms of transfer of data, this analytical competence is fully consistent with the new tools to combat organised crime.
B.PO3 underlines a consequent external coherence, as it reinforces EU judicial cooperation mechanisms.
C.PO3 is also externally coherent because aligning governance with common EU agency models reflects broader administrative practice. In particular, the creation of a MB will strongly improve alignment with the common approach of decentralised agencies.
D.PO3 (Europol) and E.PO2 (EPPO) demonstrate superior external coherence, as codifying cooperation with Europol and strengthening operational coordination with the EPPO supports the integrated functioning of the EU criminal justice architecture and the AFA, and is consistent with the mission of the EPPO. Once again, the reinforcement of data exchange via IT connections and new automated systems is entirely coherent with new operational requirements to better fight against organised crime as well as with the needs already emerged in the ongoing review of the AFA. Lastly, this option would increase transversal coherence by ensuring very high levels of alignment with other actors involved in the planned review of the AFA.
F.PO2 also provides a correct external coherence, as clarifying the role of LMs and institutionalising contact points supports the EU’s external judicial cooperation policy and partnerships with third countries and international organisations. Some possible challenges in the internal coherence between the role of contact points towards LMs and prosecutors might emerge, but these can be addressed by clarifying the differences between the roles, powers and responsibilities to avoid duplications and overlaps. This policy option has the potential to increase coherence by ensuring higher levels of alignment with other JHA and AFA actors in terms of international data transfer regime, while retaining the possibility for Eurojust-specific rules.
8.2.4. Impacts on Fundamental Rights
The preferred option complies with principles provided for in the Charter of Fundamental Rights of the European Union (the Charter) and the European Convention on Human Rights (ECHR), particularly in areas where Eurojust’s expanded mandate would intersect with criminal procedural safeguards and data protection.
Protection of personal data
The preferred policy option, particularly the measures enhancing data exchange with Europol, the EPPO, and third countries (such as D.PO3, E.PO2, and F.PO2), will increase the volume and scope of personal data processing. While this strengthens operational cooperation, it also introduces risks that must be carefully managed.
To mitigate these risks, strict legal bases for data exchange will be established, ensuring that shared data is limited to what is necessary and proportionate for judicial cooperation. Purpose limitation safeguards will prevent the use of data for unintended objectives, while oversight by the European Data Protection Supervisor (EDPS) will ensure compliance with EU standards, particularly for transfers to third countries. A revision of the EJR will also align with the parallel revision of Chapter IX of the EUDPR, which will provide harmonised rules for all JHA agencies, further reinforcing data protection.
As previously explained, data protection rules and processing envisaged will not be “lex specialis” and will comply with the horizontal framework and the safeguards it provides for all JHA agencies and bodies of the EU. The explanatory memorandum of the draft proposal on the revision of Chapter IX of the EUDPR states that the targeted nature of the changes ensures that existing level of data protection is maintained, while providing improvements as regards consistency of applicable rules and further harmonisation. The proposal will thus target specific provisions of the EUDPR and will not alter the overall framework: the changes do not involve new policy options, and are expected to have minimal, non-quantifiable impact on fundamental rights. At the same time, no new legal obstacles are created with regard to the implementation of Eurojust’s tasks, which are streamlined by a more rationalised legal framework.
Procedural Safeguards in Criminal Proceedings
The preferred option aims to strengthen Eurojust’s operational role (e.g., through A.PO3 and B.PO3) without compromising core principles of criminal justice such as the procedural safeguards of suspects and accused persons which depend largely on national judicial systems, which form the procedural framework upon which Eurojust relies in the context of its operational support. The impact of Eurojust’s intervention is therefore intended to be at least neutral or positive (e.g. preventing a breach of the ne bis in idem principle through enhanced coordination mechanisms).
Key safeguards will ensure that Eurojust’s role remains supportive and coordinative, avoiding any interference with national judicial independence. Transparency and legal remedies will be embedded in operational procedures, providing clear avenues for individuals to challenge data processing or operational decisions that might affect their rights.
8.3.
Refit (simplification and improved efficiency) and ‘one in, one out’ approach
In line with the Commission’s Regulatory Fitness and Performance Programme (REFIT), revisions of EU legislation aim to simplify rules and reduce unnecessary administrative burden. The revision of the EJR complies with this approach as it seeks to streamline the Agency’s decision-making process and more generally to improve efficient cross-border coordination.
This initiative does not impose administrative costs on businesses and therefore does not trigger the ‘one in, one out’ adjustment mechanism. The measures concern an EU entity and public authorities involved in judicial cooperation and do not introduce new regulatory obligations for the private sector. The initiative is expected to generate significant public benefits by strengthening the Union’s capacity to combat serious cross-border crime, thereby reinforcing public trust and supporting the proper functioning of the internal market.
9.
How will actual impacts be monitored and evaluated?
Putting in place a structured framework for monitoring and evaluation will help ensure that the strengthened mandate under the preferred policy option translates into measurable operational, strategic and systemic benefits. Monitoring arrangements will build on the mechanisms already established under Article 69 of the EJR (subject to potential renumbering without changing its substance), which foresees periodic evaluations of Eurojust’s impact, effectiveness and efficiency. These mechanisms will be complemented by a refined indicator framework aligned with the specific and operational objectives of the preferred option.
9.1. Measurable indicators of success and proposed targets
As regards the SMART objectives specified in chapter 4.2, a successful implementation of the package is expected to deliver the following results, in terms of the following RACER indicators (including baseline when known, quantified targets and milestones):
1.Reduced administrative workload of NMs: from a current baseline of ca 40% of their overall workload, this share is expected to decrease to around 20-25% within two years from the entry into application of the revised Regulation (taking into account a transitional adjustment period) and to reach a steady-state level of 10-15% within five years. Progress against this indicator will be monitored through the Commission’s involvement in the EB and MB, and assessed in the context of the next evaluation of the Regulation and Agency.
2.Increased Eurojust proactivity, as reflected in a higher number of own-initiative cases opened and handled: following an initial adjustment phase, a gradual increase is expected, with the annual average number of own-initiative cases opened increasing by 10-15% within five years. To avoid distortions resulting from the normal year-on-year fluctuations in Eurojust casework, the baseline will be calculated on the basis of the average annual number of own-initiative cases opened during the five years preceding the entry into application of the revised Regulation. Progress will be assessed against that baseline by reference to the corresponding annual average over the five years following its entry into application, using the data reported in Eurojust’s CAARs.
3.A progressive reduction in the share of ‘simple’ cases handled by Eurojust: bilateral and lower-complexity cases are currently estimated at around 80% of Eurojust’s total annual case intake. While a residual share of 20-25% is expected to remain, reflecting cases that initially appear complex or are escalated from the EJN, a gradual reduction is expected to reach around 60% within two years, down to 40% within five years, then 20-25% within ten years. The baseline will be determined by reference to the share of simple cases in the total number of cases opened in the year preceding the entry into application of the revised Regulation. Progress will be monitored on the basis of the statistics and KPIs regularly reported by Eurojust in its CAARs.
4.Finally, improving information exchange with EU partners, in particular Europol, is expected, notably through an increase in follow-ups to “hits” identified in information systems, reflecting enhanced timeliness and relevance. The baseline will be determined by reference to the number of follow-ups to hits recorded in the year preceding the entry into application of the revised Regulation. An increase of up to 50% may be expected within five years. Progress will be monitored on the basis of the data reported in Eurojust’s CAARs, cross-checked against corresponding data reported in Europol’s CAARs.
9.2. Operational objectives and related indicators proposed
Further to the above measurable success indicators, the use of some operational objectives is also proposed, to facilitate closer monitoring and subsequent evaluation. This will focus on outputs (e.g. volume and quality of information exchange, operational support delivered, studies and reports produced, etc.), concrete results (e.g. number of JITs involving Eurojust and the new JOP, number of mutual recognition and judicial cooperation requests facilitated or issued, number of action days, of working and cooperation agreements signed, of contact points/LPs appointed, etc.), and broader impacts (e.g. strengthened EU-level situational awareness, reduced fragmentation in operational coordination). Attention will be given to monitoring data-protection compliance, proportionality and fundamental rights safeguards but also the proactivity of the agency.
Core indicators will be drawn from a range of sources, including Eurojust’s existing reporting instruments as the CAAR. The exploitation of the CMS will be used as well as the data based on Articles 21 and 21b (CTR) of the EJR reporting on Member State information contributions; also, Article 80 of the EJR regarding the volume of stored and analysed evidence (CICED); EDPS supervisory findings and data protection reporting; and EB/MB performance indicators.
The Commission will monitor implementation through its representation in the EB and MB, structured exchanges with Member States (including NMs) and Eurojust staff, and consultation with oversight bodies, including the EDPS. Data will also be drawn from SOCTA cycles, EMPACT performance reporting and, where appropriate, targeted stakeholder surveys.
Monitoring will begin from the entry into application of the revised Regulation. Overall progress will be checked some four years after entry into application, so as to allow for operational maturation before a fully-fledged evaluation can be launched (no earlier than 5 years after entry into application). Where relevant, interim reviews may assess implementation bottlenecks, including technical interoperability and compliance burdens.
EUROPEAN COMMISSION
Brussels, 24.6.2026
SWD(2026) 570 final
COMMISSION STAFF WORKING DOCUMENT
IMPACT ASSESSMENT REPORT
ANNEXES 1-7
Accompanying the document
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the European Union Agency for Criminal Justice Cooperation (Eurojust) and repealing Regulation (EU) 2018/1727
{COM(2026) 570 final} - {SEC(2026) 570 final} - {SWD(2026) 571 final} - {SWD(2026) 572 final} - {SWD(2026) 573 final}
Table of Contents
Annex 1: Procedural information
1.Lead DG, Decide Planning/CWP references
2.Organisation and timing
3.Consultation of the RSB
4.Evidence, sources and quality
Annex 2: Stakeholder consultation (Synopsis report)
1. Introduction
2. Consultation strategy
3. Consultation activities
Annex 3: Who is affected by the initiative and how?
1.Introduction
Annex 4: Analytical methods
1.General approach
2.Support study
2.1.Study requirements and timeline
2.2.Approach and data collection
2.3.Challenges and limitations
3.Identification and assessment of impacts
3.1.Identification of impacts
3.2.Assessing impacts
3.3.Scores per measure
3.4.Aggregated scores per option
Annex 5: Competitiveness check
Annex 6: SME check
Annex 7: Additional Information supporting the Impact Assessment
1.Introduction
2.Evolution of the broader European judicial legal framework
3. Presentation of the current legal framework (Regulation (EU) 2018/1727 on Eurojust)
4.Ensuring full compliance with Fundamental Rights
5.Legal instruments and strategies including a role for Eurojust
Annex 1: Procedural information
1.Lead DG, Decide Planning/CWP references
This Impact Assessment Report was prepared by Directorate A “Justice policies” of the Directorate General “Justice and Consumers” (DG JUST).
The Decide Planning reference is PLAN/2023/2880 and the Decide fiche was validated on 2 July 2025.
The initiative on revising the Eurojust’s mandate was included in the 2026 Commission Work Programme published on 21 October 2025 and had been announced by European Internal Security Strategy ("ProtectEU Strategy") presented on 1 April 2025.
2.Organisation and timing
Chronology of the impact assessment:
September to November 2025: informal/internal brainstorming (JUST, HOME, LS, BUDG, SG, Eurojust’s College and staff)
The work on the impact assessment began with a call for evidence, lasting from 28 October 2025 to 3 December 2025. In total, 42 responses were received.
On 2 December 2025, the open public consultation was launched. The consultation lasted until 24 February 2026. In total, 20 responses were received.
Three Inter-Service Steering Group (ISSG) meetings were held in 2025 and 2026. The ISSG consisted of representatives from various Directorates-General of the Commission: HOME, ECFIN, BUDG, OLAF, INPA, DIGIT, MENA, EEAS, JRC, ENEST, HR, DGT and SJ. The ISSG met on 13 November 2025, 9 January 2026 and on 23 March 2026. The meetings were chaired by DG JUST (the last one co-chaired with SG).
The contributions of the members of the Steering Group have been taken into account in the content and shape of this impact assessment.
The first draft of the Impact Assessment was sent to the ISG on 17 March 2026 (on 11 March regarding chapters 1 to 5).
A consultation meeting took place on 22 October 2025 with the Criminal Law Expert Group.
The support study on the cost and benefits of the assessed policy options was launched on 9 December 2025 (Kick off meeting with the external contractor).
The revision has been presented and discussed at both technical and political levels with the Council, the European Parliament and national parliaments.
-With experts and representatives of Member States - at the COPEN General Matters of 15 September 2025, at the end of which 7 Member States sent a written contribution. A second time, in the COPEN General Matters of 15 December 2025.
-In addition, the Danish Presidency of the EU Council organised a first policy debate at the Council of Ministers of Justice on 13 October 2025. A state of play has been presented in AOB at the Council on 6 March 2026, under the Cypriot Presidency.
-A non-paper has been diffused on 2 February 2026 by 4 Member States (FR, DE, BE and AT). Bilateral meetings at ministerial and technical levels have been led with many countries.
-The project has also been discussed with the European Parliament and Members from national Parliaments (at the ICM - Inter Parliamentary Committee Meeting – on the evaluation of Eurojust activities on 20 November 2025).
3.Consultation of the RSB
3.1.
First meeting - upstream
An “upstream meeting” with the RSB was organized on 24 November 2025.
The main questions raised by the RSB were the following:
·With the Ukraine War being identified as a new challenge, are there any additional new general challenges to be considered?
·What is the root cause concerning the poor filtering of cases and the varied implementation of the regulation by Member States?
·What is the data gap concerning the problems of Eurojust’s governance and decision-making, and can it be compensated?
·What is additionally needed to tackle the current phenomenon of more sophisticated crimes?
·Are there significant issues stemming from interoperability and might that be the cause of systems not being compatible? Does this cause a lack of cooperation?
The main points that were raised during the meeting were:
·Objectives and measures should be made smarter/further operationalized;
·The new needs of Member States should be clearly identified to boost proactivity;
·Type of information shared with other JHA Cooperations should be identified;
·The needs for improvement about the international cooperation should be thoroughly assessed;
·Problem drivers and root problems should be distinguished more carefully;
·The first consequence in the table should be the societal problem at hand;
·Evidence is key for the identification of the problem;
·There needs to be a mixture of measures of varying intensity. This will shed light on the trade-offs that are inherent to different options, which should all be assessed technically and politically;
·The need to assess whether the intervention effectively addresses crime-solving, the current situation must be clarified further, particularly by identifying gaps at the Member State level;
·The need to specify the precise sources that are backing up the support study and evaluation;
·The need to avoid adding “straw options”, unless it is useful and feasible;
·The substantive element regarding current criminal phenomena should be justified in a fact-based, and opinion-based manner.
3.2.
Second meeting – Examination of the draft impact assessment
On 1 April 2026, the Directorate-General for Justice and Consumers submitted the draft impact assessment to the Regulatory Scrutiny Board (RSB), including its annexes. The executive summary and the minutes and elements of follow up of the ISSG meeting of 23 March were also sent to the RSB.
The RSB examined the draft impact assessment on 29 April 2026. The overall opinion of the Regulatory Scrutiny Board was positive with reservations. These reservations were of two kinds:
- clarity of the concepts and options presented.
- clarity of the evaluation methodology used.
The responses to these comments are set out in the two tables below:
|
RSB comments – Key issues
|
How RSB comments have been addressed in the IA
|
|
The identification of the problems and their drivers is not sufficiently clear on issues arising from legal obstacles despite recent amendments, and from implementation problems.
|
In chapter 2 of the IA, further details have been provided on the problems and their drivers, clarifying in particular that many of the problems stemmed simultaneously from a lack of clarity in the Regulation and from differing types of interpretation and/or implementation among Member States (some of which may be linked to external problem drivers, such as differences in the judicial systems/cultures of Member States).
Hence addressing problems stemming from these two types of drivers requires a balance between further specifying concepts/dispelling ambiguities where possible in the Regulation, and keeping in it the flexibility required due to external drivers related to differences in the judicial systems/cultures of Member States, or to allow for some changes of focus in future (e.g. to adapt to new/fast emerging needs or to possible changing priorities).
|
|
The specific and operational objectives are not defined in a SMART manner to allow measuring success through a comprehensive set of key performance indicators.
|
The problems and their drivers, as well as the specific objectives that had been defined in response, were initially too detailed to enable the IA analysis to fit into just 40 to 50 pages.
It has been decided to regroup the problems and their drivers into just two main problem sets (with distinct sets of drivers), and so the specific objectives were also regrouped into two sets of objectives. These objectives have been made SMARTer by defining for each of the two specific objectives a set of related (RACER) success criteria (generally reflecting lower-level specific objectives that had been originally defined), with actual targets and timing ambitions.
These indicators were previously detailed within chapter 8 (as part of the impacts expected from the full set of the preferred options in each problem area addressed), where they had low visibility. They finally have been moved to chapter 9 (where they rightfully belong) and now appear in further detail as a comprehensive set of key performance indicators (to help measure success), together with a proposed set of operational indicators (and the related RACER criteria) to allow for periodic monitor and assess global progress after 4 years of implementation, as well as facilitate a subsequent full scale evaluation.
The analysis of the coherence of measures with recent or ongoing initiatives was enhanced by referring to the follow-up the the ProtectEU and the revision of the Europol mandate as well as the discussions currently held in the context of the AFA review and the upcoming revision of the EPPO and OLAF Regulations (see Changes in chapter 8).
|
|
The impact of the initiative on fundamental rights (use of personal data) is not sufficiently analysed.
|
Within Annex 7 (on additional IA information), impacts of the preferred option on fundamental rights were documented in further details, as part of section 7.3 “Ensuring full compliance with Fundamental Rights”, particularly as regards criminal procedural safeguards and data protection.
Related information was also added to the core IA text in section 8.2.4.
|
|
RSB comments – Ways of improvements
|
How RSB comments have been addressed in the IA
|
|
Better presentation of the current situation of the agency and clarification/illustration of some key elements such as the complex cases and their prioritisation of versus simple files.
|
The current internal functioning of the agency has been more explained, in the main report as in annex 7. The complex case, supposed to fall under the competence of Eurojust, has also been described more in detail and compared to a simple case (EJN competence).
A typical example of a complex case – the famous “Encrochat file” – has been added to illustrate the demonstration.
|
|
Better use of the 2025 evaluation, by including concrete findings and examples in the analysis of the relevant problems and their drivers. Clarification of the problem definition underlining why the amendments of the Eurojust Regulation since 2022 have not been sufficient for Eurojust to address the challenges. Better develop issues related to governance and organisational culture and why addressing them requires legislative changes.
|
The nature of the problem driver, whether legal or empirical/practical, has been described for each of them. In addition, further details have been provided on the limited, targeted and circumstantial nature of the three previous revisions of Eurojust’s mandate.
Based in particular on the 2025 evaluation report, it has been further demonstrated that the issues regarding the effectiveness of the agency’s governance stem from problems of administrative culture (implementation of the current legal framework) as well as a lack of clarity in the regulation: ultimately, it is explained that a legislative amendment to the institutional framework is the preferred option.
|
|
Make specific and operational objectives SMARTer with related key performance indicators adjusted accordingly, fully taking into account digital solutions.
|
Chapter 9 on indicators and monitoring has been redrafted to better present and describe, on the one hand, the measurable indicators of success and the proposed targets and, on the other hand, the operational objectives and related indicators proposed.
The RACER indicators are closely linked with the SMART objectives specified in chapter 4.2. (cf previous reply for key issues).
|
|
Better explain some measure, such as the ones expanding Eurojust’s competences to new emerging crimes and enhance the assessment of the policy options, notably as regards fundamental rights, in particular data protection (analysis of the associated risks and safeguards envisaged to mitigate them).
|
The contextual and legal grounds for expanding Eurojust’s operational powers were set out in Chapter 1 and, in greater detail, in Chapter 5 and subsequent chapters, particularly with regard to the analytical and financial aspects of criminal investigations, in order to address new trends in crime.
As previously explained (cf previous reply for key issues), impacts of the preferred option on fundamental rights, in particular data protection, were more documented along with the solutions found to eliminate and reduce the risks.
|
|
Strengthen the analysis of the coherence of the measures with recent or ongoing initiatives related to AFA and EU JHA bodies as well as in relation to the EU external policies.
|
The link between the ongoing revision of Eurojust and the incoming AFA review has been better explained. In addition to the presentation of the relevant drivers, policy options and measures related to specific objective 2 have been more deeply analysed through the MCA (multi-criteria assessment) and in particular the consistency with other EU public policies and the external coherence of the EU action.
|
|
Improve the accessibility of the report to non-experts, while keeping it to a reasonable size.
|
The glossary has been updated and all the concepts and references contained in the report (e.g. SIRIUS project, JIT…) have been defined in a summarized and simple way.
The final report respects the Better Regulation guidelines related to the average number of pages of an IA (around 50).
|
4.Evidence, sources and quality
A number of inputs and sources of data were used in the preparation of this impact assessment, including the following:
·The Evaluation Report on the implementation of the current Regulation published on 2 July 2025;
·a Call for Evidence closed on 25 November 2025 (42 contributions received);
·a Public Consultation published on 2 December and running until 24 February 2026 (20 contributions received);
·EU case law (especially about power of national judicial authorities to issue MLA requests such as EAW
).
·Informal brainstorming led at the internal level of the Commission (DG JUST, DG HOME, SG, LS…), but also with Eurojust staff and College.
·Specific Eurojust’s College meeting on 16 September 2025 and two technical workshops organised on 17 October and 28 November 2025 (vision 2035).
·Works of the Consultative forum of the Prosecutors General and Directors of Public Prosecutions of the EU Member States (19th on 2 October 2025 and 20th on 19 and 20 March 2026) have been mainly focused on the incoming revision of Eurojust.
·Various studies and reports (SOCTA, Road map on drug trafficking etc.) as mentioned in Chapter 1.1
·Targeted surveys and consultations of practitioners and national authorities by the contractor from end of January; 429 replies have been received.
The data sources are thus essentially public authorities in the EU and its Member States. The quality of this data is therefore high, with the proviso that it covers essentially the activity of judicial cooperation and mutual legal assistance.
Annex 2: Stakeholder consultation (Synopsis report)
1. Introduction
This annex presents the results of the consultation activities carried out in the context of the impact assessment support study for the Regulation (EU) 2018/1727. The report has been prepared in accordance with the requirements set out in the European Commission Better Regulation Toolbox.
Its purpose is to provide a qualitative and quantitative analytical overview of the input received from stakeholders through the various consultation tools employed, notably the call for evidence, interviews, the online survey, and the public consultation.
2. Consultation strategy
The consultation strategy was designed to ensure that the supporting study captured the perspectives of a broad range of stakeholders, both internal and external to Eurojust. These included Eurojust staff, national desks, national authorities and practitioners, as well as international organisations. In order to assess the potential impact of measures under Special Objective 4, particular attention was also given to stakeholders from third countries, including Liaison Prosecutors and national authorities.
The consultation strategy built also on information already gathered during the evaluation of the Regulation (EU) 2018/1727, notably in view of possible further legislative developments. The consultations pursued two main objectives: (1) to collect stakeholders’ views on possible options to address the problems identified in the evaluation, including feedback on the recommendations stemming from that exercise; and (2) to gather information on additional issues that may not have been identified in the evaluation of the Eurojust Regulation.
3. Consultation activities
Stakeholders were reached through a combination of direct invitations and openly accessible consultations. This section provides an overview of the consultation activities undertaken as part of the study.
3.1.
Public consultation
The Commission launched a public consultation in all 24 official EU languages. The consultation was questionnaire-based. The consultation period was twelve weeks (3 December 2025 to 24 February 2026) with 20 replies received. Out of these responses, 8 were received from public authorities, 9 from stakeholders from EU Member States and three from third countries (Bosnia Herzegovina, North Macedonia and the United States). Most responses were received from Belgian and French stakeholders, with four submissions from each country. The outcome of the open public consultation was analysed by an external contractor. The main points raised by the respondents were the following:
·It found that almost all respondents believed Eurojust’s role in addressing serious and organised cross-border crime in the EU to be important, 50% to be very important.
·Some participants stressed the need to better consider the perspective of victims and witnesses and to clarify case allocation between Eurojust and the EJN.
·Criminal use of the digital space, AI and new technology was, almost unanimously, seen as one of the main challenges that criminal investigations and prosecutions in Europe will face in the coming years.
3.2.
Call for evidence
Call for Evidence was launched by the Commission and made available on the “Have Your Say” website from 28 October 2025 until 3 December 2025, with 42 replies received. Responses were submitted by members of the general public covering 21 EU countries, of which the majority were stakeholders representing public authorities (22), followed by EU citizens (9). Other respondents included academic/research institutions (3), companies/businesses (3), one environmental organisation, and two NGOs. The main points raised by the stakeholders concerned the European Judicial Network (EJN), Eurojust’s mandate, and governance-related issues.
·Eurojust and EJN
Several stakeholders emphasised that, rather than competing, the EJN and Eurojust complement each other and have distinct roles and highlighted the strengths and added value of the EJN. It was therefore advocated to maintain the EJN’s autonomy, independence, and practitioner-driven nature.
However, a recurring issue was the allocation of cases between EJN and Eurojust. While one respondent suggested to not solve this issue by a revision of the Regulation, but instead to just accept, that, unless a case is complicated or a coordination meeting is required, the EJN should handle the case, others were in favour of complementarity and clearer definitions, reflected in the revised Regulation.
·Eurojust’s mandate
With Eurojust being an essential and effective actor in the fight against cross-border crime, some respondents argued that its mandate should be strengthened by giving it more operational roles. One advocated for equipping Eurojust with criminal analytical capacity, which could contribute to the early detection of crimes.
On the other hand, it was argued that Eurojust should remain focused on coordinating and facilitating judicial cooperation and should not become more proactive or given “executive powers”.
·Prevention of crimes and Governance
It was recommended to have a database to prevent crimes, where alerts could be sent by anyone, and for Eurojust to better utilise its existing information. A more standardised crime analysis at the European level was also suggested.
Regarding the enhancement of governance and decision-making processes, respondents proposed that the Executive Board should comprise solely elected members of the College. Under this model, the Board would report its activities to the College, while the College would retain the right to decide on certain matters or review the Board’s actions.
·Third country cooperation and evolving nature of crime
The importance of prioritising cooperation with third countries and increasing the number of working arrangements was also emphasised. Eurojust should have sufficient resources and make use of technological tools in order to match the evolving nature of crime. It should also invest in training and advanced technologies to counter new forms of crime.
3.3.
Online survey
An Online survey was conducted until 4 March 2026, targeting a range of stakeholder types, including practitioners, the Eurojust administration and national desks, and public officials. Several non-EU and EU countries were represented, with the most responses submitted from Germany, followed by Spain. Serbia, North Macedonia, Iceland, United Kingdom, Albania and Norway are the non-EU countries represented in this survey. Practitioners from EU Member States accounted for nearly half of all responses (48%), making them the most prominent stakeholder group in this survey, followed by members of the Eurojust administration.
The following tables shows the online survey participants per Member State and participating stakeholder groups.
The main points raised by the stakeholders were the following:
·Regarding Eurojust’s governance, decision-making and management structures, the majority of the stakeholders agreed that its governance is currently fragmented due to the coexistence and current roles and responsibilities of the College and its Working Groups, the Executive Board, and the Administration. They therefore stressed the need to review Eurojust’s decision-making processes, highlighting inefficiencies within the College and the unclear division of tasks. The definitions of ‘operational’ and ‘administrative’ responsibilities were not clear.
In terms of operational activities and impact, most stakeholders also agreed that the status and powers of National Members vary across Member States. The status and role of Eurojust in EU policymaking and strategic cycles is unclear and not provided for systematically.
Concerning the cooperation with EU IBOAs the majority of stakeholders found that structural weaknesses exist in the relationship between Eurojust and Europol that hinder effective cooperation. This hindered cooperation between Eurojust and EU partners is seen to be caused by uncertainty about application of rules on data protection. On the other hand, the framework for Eurojust cooperation with OLAF was not considered to be fragmented and insufficiently codified.
·Regarding Eurojust’s cooperation with third countries and international organisations, most strongly agreed or agreed that the expansion of externally funded projects increases the administrative burden of the agency. The application of data protection rules and the process to negotiate third country cooperation agreements were found to hinder cooperation by 50%.
·Looking at the future of Eurojust, an increasing demand for cross-border judicial coordination and evolutions in serious cross-border crime were both deemed very important. As were digitalisation and resource pressures. Geopolitical instability and global shifts to reliance on multilateral mechanisms was considered very important or somewhat important by the majority.
3.4.
Interviews
In total, interviews were conducted with 115 stakeholders.
|
|
Total
|
|
Eurojust
|
63
|
|
External
|
52
|
|
Total
|
115
|
These interviews cover representatives of the Eurojust administration, national desks and liaison prosecutors, EU IBOAs, EU and third country national-level stakeholders (authorities and practitioners), and international organisations. They include in-person consultation with Eurojust personnel during the site visit, as well as online interviews with a range of stakeholders.
The number of interviews conducted per country is as follows:
|
Country
|
Number of interviews
|
|
Austria
|
2
|
|
Belgium
|
2
|
|
Croatia
|
1
|
|
Czechia
|
1
|
|
Estonia
|
1
|
|
EU-level
|
13
|
|
Finland
|
2
|
|
France
|
5
|
|
Germany
|
2
|
|
Greece
|
1
|
|
Ireland
|
2
|
|
Italy
|
3
|
|
Latvia
|
1
|
|
Lithuania
|
1
|
|
Malta
|
2
|
|
Netherlands
|
1
|
|
Poland
|
1
|
|
Portugal
|
1
|
|
Slovakia
|
1
|
|
Slovenia
|
1
|
|
Spain
|
1
|
|
Brazil
|
1
|
|
Chile
|
1
|
|
Kosovo
|
1
|
|
Lebanon
|
1
|
|
North Macedonia
|
1
|
|
International organisations (Latin America)
|
2
|
The table below shows the interviews per stakeholder group:
|
Stakeholder type
|
Total Contacted
|
Completed
|
|
Eurojust – Administration
|
41
|
41
|
|
Eurojust – National desks & DK
|
18
|
18
|
|
Eurojust – Liaison Prosecutors
|
4
|
4
|
|
EU IBOAs
|
24
|
13
|
|
Independent expert
|
2
|
0
|
|
International organisation
|
3
|
2
|
|
National authority - EU
|
30
|
10
|
|
National practitioner - 3rd country
|
8
|
5
|
|
National practitioner - EU
|
66
|
22
|
|
Total
|
196
|
115
|
Consultations were held with third country practitioners and international organisations. They recognised the importance of Eurojust However, these discussions also highlighted opportunities to improve cooperation, with many participants advocating for measures such as establishing resident contact points and appointing Liaison Magistrates. Issues concerning data transfer and capacity were also explored.
Interviews with national practitioners often highlighted the current lack of harmonisation of the roles of National Members, whether crime areas should be added to Annex 1, and the effectiveness of international cooperation from a practitioner perspective.
·Eurojust administration and national desks identified outdated tools, limited cooperation with OLAF, and the advantages of competence over e-evidence orders as current issues. They indicated that, without an amendment of te Eurojust Regulation, in the next 10 years Eurojust’s ability to improve the consistency of its support and impact across Member States would worsen.
·Member State authorities and practitioners
Regarding the varying roles of National Members across Member States, a more harmonised approach is welcomed. However, they warn that there may be constraints due to national legal frameworks. In terms of adding new crime areas to Annex 1, some stakeholders noted that it is crucial to avoid overlaps, while others thought that the key areas are already included.
·EU IBOAs
Concerning third-country cooperation, the level of engagement with Eurojust appears to vary. For instance, certain measures, such as conditionality clauses, may prove more effective in EU candidate countries.
Annex 3: Who is affected by the initiative and how?
1.Introduction
This Annex outlines the benefits of all provisions, as well as those specific to each action. The same applies to the overview of costs. It also includes a table detailing contributions to administrative burden reduction targets, alongside an overview of the relevant Sustainable Development Goals.
Overview expected impacts preferred option (more detail below under I. Overview of benefits)
|
#
|
SO
|
Administrative reduction costs
|
Reduction of fraud and crime
|
Benefits to citizen and business
|
Increased number of complex EJ cases
|
|
1.A.i(b)
|
+
|
+
|
N/A
|
N/A
|
+
|
|
1.A.ii(b)
|
+
|
N/A
|
+
|
++
|
|
|
1.A.iii(b)
|
+
|
+
|
0
|
N/A
|
|
|
1.A.iv
|
++
|
N/A
|
++
|
N/A
|
|
|
1.A.v
|
+++
|
N/A
|
+++
|
N/A
|
|
|
1.B.i(b)
|
+
|
+
|
+
|
N/A
|
+
|
|
1.B.ii(b)
|
+
|
+
|
+
|
N/A
|
|
|
1.B.iii
|
+
|
N/A
|
N/A
|
N/A
|
|
|
1.B.iv
|
+
|
++
|
++
|
N/A
|
|
|
1.C.iii
|
+
|
++
|
+
|
N/A
|
+
|
|
2.D.i(b)
|
+
|
N/A
|
+
|
+
|
+
|
|
2.D.ii(b)
|
+
|
N/A
|
N/A
|
|
|
|
2.D.iii
|
++
|
N/A
|
+
|
|
|
|
2.D.iv
|
++
|
N/A
|
N/A
|
|
|
|
2.D.v
|
+++
|
N/A
|
+
|
|
|
|
2.E.i(b)
|
+
|
N/A
|
+
|
+
|
+
|
|
2.E.ii
|
+
|
N/A
|
+
|
|
|
|
2.E.iii
|
+
|
N/A
|
N/A
|
|
|
|
2.F.i
|
+
|
N/A
|
N/A
|
+
|
+
|
|
2.F.ii
|
+
|
N/A
|
+
|
|
|
|
2.F.iii
|
+
|
N/A
|
+
|
|
|
|
2.F.iv
|
+
|
N/A
|
N/A
|
|
|
Overview budgetary impact of implementation preferred option (more detail below under: II. Overview of costs – Preferred option)
|
|
One off costs
|
Recurrent costs (per annuam)
|
|
1.A.i(b)
|
N/A
|
EUR 582 000 (staff)
+
EUR 500 000 (mission)
|
|
1.A.ii(b)
|
N/A
|
EUR 1 552 000 (EJ)
+
EUR 2 916 000 (SNEs) staff
|
|
1.A.iii(b)
|
EUR 2.5-3.7 million (over MFF)
|
EUR 388 000 staff
+
EUR 1.5 million (non-staff)
|
|
1.A.iv
|
N/A
|
N/A
|
|
1.A.v
|
N/A
|
EUR 3 298 000
+
EUR 2 million (non-staff)
|
|
1.B.i(b)
|
N/A
|
N/A
|
|
1.B.ii(b)
|
N/A
|
N/A
|
|
1.B.iii
|
N/A
|
N/A
|
|
1.B.iv
|
N/A
|
N/A
|
|
1.C.i, ii, iii
|
none
|
EUR 200 000
|
|
2.D.i(b)
|
N/A
|
EUR 630 000
+
EUR 1.7 to 2.4 million
|
|
2.D.ii(b)
|
EUR 808 000
|
N/A
|
|
2.D.iii
|
N/A
|
Low
|
|
2.D.iv
|
N/A
|
Low
|
|
2.D.v
|
N/A
|
none
|
|
2.E.i(b)
|
EUR 105 000
|
EUR 81 500
|
|
2.E.ii
|
|
|
|
2.E.iii
|
Low
|
Low
|
|
2.E.iv
|
EUR 105 000
|
Low
|
|
2.F.i
|
N/A
|
N/A
|
|
2.F.ii
|
Low
|
EUR 582 000 + EUR 105 000 + 404 000 staff, plus LM costs of EUR 188 500 per country + EUR 50 000 related costs
|
|
2.F.iii
|
N/A
|
EUR 776 000 + EUR 420 000 staff
|
|
2.F.iv
|
N/A
|
EUR 20 000 per RCP
|
|
2.F.v
|
N/A
|
N/A
|
|
Total
|
Total one-off costs of between EUR 4.4 million and EUR 5.6 million for the implementation of the new measures
|
Total recurrent costs between EUR 9.3 million and EUR 9.4 million on average per annum over the course of the next MFF for the implementation of the new measures
Additional operational expenditure of EUR 1.7 million on average per annum over the course of the next MFF
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I. Overview of Benefits (total for all provisions) – Preferred Option
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Description
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Amount
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Comments
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Direct benefits
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Strengthen Eurojust’s internal functioning, governance and operational performance (Specific Objective 1)
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Positioning Eurojust as a key evidence-based contributor to EU legislation would sharpen its strategic focus, helping to align EU priorities (including SOCTA and EMPACT) with actual prosecutorial needs, and generally improving how the strategic response to challenges experienced by judicial professionals. Expanding Eurojust’s operational functions will boost judicial coordination, improve case resolution efficiency, and enhance support for Joint Investigation Teams (JITs) through semi-permanent platforms and temporary secondments.
Broadening Eurojust’s mandate ensures continued relevance in new crime areas. Extending the CICED concept to other crime areas will help Eurojust connect cases and leverage data more effectively.
A unified approach to case definition will reduce fragmentation, enabling a greater focus on complex cases without deterring submissions of simple bilateral matters. Harmonising national member mandates and enhancing capabilities will increase operational efficiency, facilitate urgent cross-border actions, and strengthen procedural support.
Introducing an additional path for opening cases lets Eurojust take a proactive stance, connecting fragmented evidence across countries. Allowing national members to concentrate solely on operations, while Member State authorities direct strategy via the Management Board, clarifies governance, separates strategic, operational, and daily management roles. In total, this is likely to free up more time for National Members to work on operational activities (between 20% to 40%).
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Achieve optimal alignment and operational integration with EU partners and Third countries (Specific Objective 2)
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Automated indirect access to Europol and EPPO databases, though a step toward judicial digitalisation, is unlikely to significantly change the operational use of the hit/no hit system (for any party, not just Eurojust) due to persistent limits on information exchange. Eurojust stresses the need for an updated Cooperation Agreement with Europol to reflect current realities and enhance adaptability, even if its impact may be limited.
Updating the collaboration between the EPPO and national jurisdictions would improve coordination on cases spanning broader criminal operations, clarify Eurojust’s role, reduce legal uncertainty, and improve its relationship with EPPO. Integrating SIRIUS referrals directly into workflows would promote seamless judicial oversight from detection through investigation.
Formal participation of Europol and EPPO in Eurojust College meetings would institutionalise ongoing partnerships and foster cooperation. Making relevant Europol database information accessible to Eurojust for new case openings would support stronger trust and ensure evidence is admissible in court by introducing judicial oversight.
Overall, these measures are expected to improve information flow, data sharing, and case detection across agencies. Aligning third-country standards with EU practices would yield modest benefits, especially where resources are limited. Clarifying the role and status of Liaison Magistrates (LMs) and establishing Resident Contact Points (RCPs) would boost cooperation with third countries, with smaller Member States gaining the most. Involving liaison partners in College meetings would embed external perspectives in Eurojust’s strategies.
Overall, the number of relevant complex cases taken by Eurojust, opened by Member States, National Members or by Eurojust on its own initiative is likely to increase, helping to increase the share of cases for which Eurojust has a real added value.
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Administrative reduction costs
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Taken together, the measures under the preferred option would formalise the "invisible" strategic tasks currently performed on an ad hoc basis. This formalisation ensures that such work is supported by reliable resource allocation, rather than requiring staff to be diverted from their core casework. Additionally, formalising the tasks undertaken by the Eurojust administration—even those not explicitly outlined in the Eurojust Regulation (EJR)—would facilitate better planning of resources.
Increased coordination under this option should result in slight administrative gains, contributing to more efficient operations and resource management within Eurojust.
The overall shift towards cases where Eurojust adds significant value, as opposed to straightforward cases, is expected to yield a low positive impact. This targeted approach ensures that resources are focused on more complex matters where Eurojust’s involvement is most beneficial.
At the same time, all National Members (NMs) would possess full competence, with operational work being appropriately focused. This measure is also anticipated to have a low positive impact, reflecting greater clarity and efficiency in task allocation.
By reducing the need to navigate national authorities, Eurojust's capability to support cross-border cases would be moderately enhanced. This improvement is likely to streamline processes and bolster the agency’s effectiveness in handling cases that span multiple jurisdictions.
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Reduction of fraud and crime (General objective)
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Identifying more, especially complex, cases is expected to increase prosecution rates and reduce the time required for prosecution, reduce crime and fraud, and strengthen deterrence against criminal organisations operating across borders. Improved evidence sharing and continuous information exchange will positively influence investigations and enhance cooperation. New Eurojust functions could moderately improve its impact on reducing losses from crime and fraud, though some benefits may be limited.
Enhanced detection and analytical capabilities would support proactive investigations, leading to increased identification and prosecution of criminal networks. Focusing on high-value cases and responding to urgent requests promptly would reinforce asset freezing and crime reduction efforts. Greater capacity for National Members, Liaison Magistrates, and Regional Contact Points will facilitate cross-border cooperation and prosecutions, particularly in cases involving third countries.
Measures supporting the European Public Prosecutor’s Office (EPPO) are likely to identify more complex cases, raising prosecution rates and further deterring cross-border criminal organisations. These actions will help tackle crimes affecting the EU’s financial interests and broader organised crime, ultimately boosting prosecution rates and reducing crime and fraud.
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Benefits to citizen and business
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Collectively, the preferred option is expected to enhance the ability of national judicial authorities to successfully prosecute large criminal enterprises, particularly those with a third country dimension. This improvement acts as a deterrent to future criminal activity, increases legal certainty, and reduces crime levels, thus ultimately benefiting citizens and businesses alike.
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Indirect benefits
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Increased number of complex EJ cases
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The preferred option is expected to lead to an increase in the share of complex cases tackled through Eurojust by promoting a shift in culture towards EJ tackling more complex cases, the ability of the Agency to act on its own initiative, and increased detection in links. Whilst monetising the benefits of Eurojust’s work is hazardous, as every case is different, the evaluation pointed to metrics that could indicate the size of the potential benefits from Eurojust and partners acting together. Table 9 of the Evaluation shows that in the period 2020 – 2023 the monetary impact of Eurojust’s role in supporting JITs was a minimum of EUR 1 billion in a year. Separately Eurojust also contributed to at least another EUR 3 billion through its role in asset freezing and drug seizures.
Given the size of the cost of crime in the EU (approximately EUR 200 billion per annum), even a small contribution from the Agency to the reduction of crime is expected to be high in monetary terms. To illustrate this, should the proposed improvements to Eurojust contribute to addressing a mere 0.05%, this would result overall in a EUR 100 million reduction to the cost of crime.
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Ia. Overview of Benefits (Action A - Extending the scope of material competences to face the new judicial landscape) – Preferred Option
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Description
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Amount
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Comments
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Direct benefits
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Strengthen Eurojust’s internal functioning, governance and operational performance (Specific Objective 1)
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i. (b) This option would establish Eurojust as an important evidence-based contributor to EU legislation strategic focus. It would help ensure that EU-wide strategic priorities (including SOCTA, EMPACT) are better aligned with prosecutorial and judicial reality.
ii. (b) The evolution of the operational functions of Eurojust would contribute to reducing delays in judicial coordination. As such, it would contribute to increasing Eurojust’s operational capacity.
iii. (b) Strengthening Eurojust’s support to Joint Investigation Teams by establishing, at operational level, semi-permanent platforms enabling the temporary secondment of JIT members to Eurojust would lead to seamless operations between Eurojust and national practitioners, allowing for greater coordination, especially in long, complex cases.
iv. This measure would have high benefits. Extending the mandate of the Agency to new crimes would ensure it remains relevant to fulfil its role of supporting coordination and cooperation between national investigating and prosecuting authorities.
v. Expanding the CICED concept to other crime areas is expected to have very high benefits in the ability of the Agency to identify links between cases and information, making full use of the potential of the data and evidence collected.
Benefits per stakeholder group
EJ administration: benefit from reliable planning,
National Members + National desks: increased ability to undertake tasks, better collaboration tools
MS: benefit from evidence-based output, better collaboration tools
EU policymakers benefit from evidence-based output
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Administrative reduction costs
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i. (b) This option would formalise "invisible" strategic work currently done on an ad hoc basis, ensuring it is supported by reliable resource allocation rather than diverting staff from core casework. Any formalisation of tasks undertaken by the EJ administration, without being formally set out in the EJR would also help in planning the use of resources.
ii. (b) N/A
iii. (b) Increased coordination may lead to slight administrative gains.
iv. N/A
v. N/A
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Reduction of fraud and crime
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i. (b) N/A
ii. (b) New operational functions of EJ could lead to a moderate positive impact on EJ's ability to reduce lost expenditure from fraud and crime
iii. (b) limited benefits in ability to tackle crime
iv. Depending on changes being implemented elsewhere, moderate to high impact on detection of additional cases
v. This option would have very high benefits. The analytical function would allow EJ to develop analysis on other types of crimes. It would help enhance the proactivity of investigations, leading to increased identification (and ultimately prosecution) of criminal networks and large-scale criminal enterprises.
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Benefits to citizen and business
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i. (b) N/A
ii. (b) This measure would have moderate – high positive impact for formalisation of EJ's role in victims' rights in normal cases, but also in mass-casualty crimes or disasters, ensuring they receive coordinated information and support regardless of nationality
iii. (b) N/A
iv. N/A
v. N/A
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Indirect benefits
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Increased number of complex EJ cases
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Taken together, these measures are likely to lead to the increase in the share of complex cases tackled through Eurojust by promoting a shift in culture towards EJ tackling more complex cases, the ability of the Agency to act on its own initiative, and increased detection in links, leading to a greater number of relevant complex cases being tackled.
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Ib. Overview of Benefits (Action B - Harmonizing Member State implementation of the EJR, including on allocation of cases) – Preferred Option
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Description
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Amount
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Comments
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Direct benefits
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Strengthen Eurojust’s internal functioning, governance and operational performance (Specific Objective 1)
|
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i. (b) This measure would reduce fragmentation by establishing a unified approach to case definition across national desks. While it may play a role in ensuring the Agency focuses on relevant complex cases rather than simple bilateral matters, it is unlikely to stop completely the national desks using Eurojust for simple cases.
ii. (b) This measure would eliminate functional imbalances and structural constraints within the College caused by the heterogeneous mandates of national members. It would ensure that all NMs have the operational tools to perform their functions equally within their mandate.
iii. New capabilities for NMs could increase their efficiency to undertake a number of operational tasks, which may positively affect the setting up of Joint Investigation Teams (JITs) and increase support to the full procedural lifecycle, including asset recovery. It would also ensure that urgent cross-border actions are taken without waiting for national-level requests.
iv. This measure would add an additional path for opening cases, promoting a shift in the Agency’s role from a purely reactive to MS demands to a more proactive, strategically curated case intake. It would allow for NMs to identify and connect fragmented evidence across multiple countries that national authorities might miss while ensuring the reactivity and ownership of a case.
Benefits per stakeholder group
EJ administration: benefit from better resource allocation,
National Members + National desks: increased ability to undertake tasks though the whole procedural lifecycle, more focus on operational and relevant complex cases
MS: benefit from predictable and consistent support
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Reduction of fraud and crime
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i. (b) Any move to support the increased focus of EJ on cases where it can really add value is expected to increase the impact of the Agency on the reduction of fraud and crime.
ii. (b)and iii. The measure should increase the effectiveness of the Agency in reacting in a timely manner to urgent requests. By strengthening of ‘follow the money’ concept, it would also increase the level of successful asset freezing. Overall, this would have a positive impact on reduction of crime due to additional capabilities for EJ; ability for EJ to reduce lost revenue to fraud/crime.
iv. By increasing the ability to identify and open new cases and links between investigations, particularly in areas like organized crime and terrorism, this measure is likely to have a small positive impact. On the reduction of crimes and fraud.
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Administrative reduction costs
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i. (b) Low positive impact due to (limited) shift to cases where EJ adds value (rather than simple cases)
ii. (b) Low positive impact as all NMs will have full competence and operational work is focused on
iii. N/A
iv. Moderate positive impact: would reduce having to go around national authorities; would increase EJ's capability to support cross-border cases in a timely manner
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Indirect benefits
|
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Increased number of complex EJ cases
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Taken together, these measures are likely to lead to an increase in the share of complex cases tackled through Eurojust by promoting a shift in culture and role.
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Ic. Overview of Benefits (Action C - Establishing a streamlined governance system that accelerates decision-making) – Preferred Option
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Description
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Amount
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Comments
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Direct benefits
|
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Strengthen Eurojust’s internal functioning, governance and operational performance (Specific Objective 1)
|
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iii. This measure would free National Members to focus exclusively on operational matters, removing the distraction of purely administrative tasks for which they have not been selected and some of whom are not trained. It would allow Member State authorities to contribute directly to the agency's strategic direction through the Management Board, rather than indirectly through National Members. It would also contribute to clarifying the Agency’s governance system by separating high-level strategy (Management Board) from operational casework (College) and daily management (Executive Board).
Benefits per stakeholder group
National Members: Ability to focus more on operational tasks
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Administrative reduction costs
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1.46 FTE per year
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iii. Reduction in NM time commitment on College meetings when acting as MB
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Reduction of fraud and crime
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iii. The increased capacity for NM freed up by the creation of a MB to work on operational matters is likely to have a small positive impact on the Agency’s capacity to support the cooperation and coordination of investigations and prosecutions, thus having a small positive impact on the reduction of fraud and crime.
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Indirect benefits
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Increased number of complex EJ cases
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iii. Over the long term, a potential positive impact linked to a cultural shift towards EJ tackling more complex cases.
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Id. Overview of Benefits (Action D - Fostering and strengthening structured operational cooperation with Europol) – Preferred Option
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Description
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Amount
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Comments
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Direct benefits
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Achieve optimal alignment and operational integration with EU partners and Third countries (Specific Objective 2)
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i. (b) This measure would enable automated indirect access to Europol’s database, within the existing constraint of the use of handling codes. While this would represent a significant step toward the digitalisation of the EU judicial area, the measure alone is unlikely to significantly change the operational use of the hit/no hit system, as the root causes of the lack of information exchange lies elsewhere.
ii. (b) Eurojust has long argued that the increasing operational role played by Europol requires the Cooperation Agreement between the two agencies to be updated. By forcing the two Agencies to enter discussions to update the agreement, it would ensure that the cooperation framework remains aligned with operational realities and institutionalises adaptability. Alone, this measure may not have much impact, but as a necessary building block for the measures under this action area, the final impact is likely to be much greater.
iii. A dedicated cooperation channel for SIRIUS referrals would embed judicial coordination directly within existing workflows, ensuring continuity between law enforcement detection and cross-border judicial action, while providing a consistent level of judicial oversight through the whole investigative phase of a case.
iv. The participation of Europol in Eurojust College meetings, would formalise a continuous institutional partnership between the two Agencies, and may ultimately play a positive role in developing a culture of cooperation between the Agencies.
v. This measure is likely to have the highest level of benefit as it would ensure that the relevant information in Europol’s database can be used by Eurojust to open new relevant cases (through national desk, or on its own initiative). A second benefit is that it would help ensure that the evidence collected through OTFs is admissible in court by introducing an appropriate level of judicial oversight and significantly reduce the risk of evidence being deemed inadmissible. Finally, it would also foster greater cooperation and trust between Europol and Eurojust.
Taken together, the measures under this action area are likely to increase the information flow between the two Agencies, ensure better sharing of information, and ultimately detection of relevant cases. Over time, it is also likely to improve the culture of collaboration between Europol and Eurojust.
Benefits per stakeholder group
EJ administration: benefit from better resource allocation, greater cooperation, frustration removal
National Members + National desks: increase early situational awareness
MS: Benefit from better identification of cases and coherence between Europol and Eurojust support
Other (Europol): benefit from better cooperation
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Reduction of fraud and crime
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i. (a) The identification of more (and more complex cases) taken together is likely to lead to higher prosecution rates by Member States in complex cases, which is likely to have some positive impact on the levels of crime and fraud, and ultimately increase the deterrence effect of criminal organisation set up their operations across borders.
ii. (b) N/A.
iii. The increased ability to share to time-sensitive evidence in cross-border cases, would have a positive impact on the levels of crime and fraud, and ultimately increase the deterrence effect of criminal organisation set up their operations across borders.
iv. N/A.
v. The shift toward ongoing and continuous information sharing and operational cooperation is likely to have some positive impact on the levels of crime and fraud, and ultimately increase the deterrence effect of criminal organisation set up their operations across borders.
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Benefits to citizen and business
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Taken together these measures (i(b), ii(b), iii, iv, and v) are likely to improve the ability of national judicial authorities to successfully prosecute large criminal enterprises, which serves as a deterrent to future criminal activity, increase legal certainty ,reduce levels of crime thus ultimately having a positive impact on citizens and business.
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Indirect benefits
|
|
Increased number of complex EJ cases
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|
Taken together these measures (i(b), ii(b), iii, iv, and v) are likely to increase the number of relevant complex Eurojust cases taken on by National Desks or through Eurojust’s ability to open cases on its own initiative. This is likely to result in an increase in the workload for national desks, EJ administration as well as the national judicial systems.
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Ie. Overview of Benefits (Action E - Promoting fully developed cooperation with the EPPO ) – Preferred Option
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Description
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Amount
|
Comments
|
|
Direct benefits
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Achieve optimal alignment and operational integration with EU partners and Third countries (Specific Objective 2)
|
|
i. (b) This measure would enable automated indirect access to the EPPO’s database, within the existing constraint of existing data protection rules. While this would represent a significant step toward the digitalisation of the EU judicial area, the measure alone is unlikely to significantly change the operational use of the hit/no hit system.
ii. Given the EPPO has a strictly defined mandate, this measure would help bridge the gap between cases where the EPPO is competent and national jurisdictions, ensuring better cooperation when EPPO investigations and prosecutions spill over into wider criminal operations. It would also clarify Eurojust’s added value in EPPO cases, which would reduce coordination overlaps and legal uncertainty during complex, multi-state operations. It would also help define the relationship between the EPPO and Eurojust. As a prosecution authority, the EPPO sees itself as a service user of Eurojust, rather than partner, which is the standard arrangement for all JHA agencies and bodies.
iii. The participation of the EPPO in Eurojust College meetings would formalise a continuous institutional partnership between the two organisations and may ultimately play a positive role in developing a culture of cooperation between them.
v Setting up a clearing-house as a structured platform for identifying overlaps and synergies between cases handled by the EPPO and Eurojust would support the alignment and operationalisation of cooperation between the EPPO and Eurojust.
Benefits per stakeholder group
EJ administration: benefit from better resource allocation,
National Members + National desks: increased early situational awareness
MS: Benefit from better identification of cases and coherence between Europol and EPPO support
Other (EPPO): benefit from better cooperation
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Reduction of fraud and crime
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i. (b) Given the nature of the EPPO’s mandate, it is likely that the cases identified through this measure will lead to the identification of more (and more complex cases). This is likely to lead to higher prosecution rates by Member States in complex cases, which is likely to have some positive impact on the levels of crime and fraud, and ultimately increase the deterrence effect of criminal organisation set up their operations across borders.
ii. This measure would have benefits in helping Member States investigate and prosecute cases where crimes affecting the EU’s financial interest (PIF) intersect with wider organised crime areas such as drug trafficking or money laundering. Ultimately, it would lead to higher prosecution rates by Member States in complex cases, which is likely to have some positive impact on the levels of crime and fraud, and ultimately increase the deterrence effect of criminal organisation set up their operations across borders.
iii. N/A
iv. The clearing house mechanism is expected to result in positive impacts on the reduction of fraud and crime, especially those linked to PIF-related cases, where the EPPO has the competence to prosecute crimes under its mandate, but not beyond. By providing a structure for follow-up, of PIF related crimes, it will ensure that investigations into EU budget fraud consistently prompt judicial follow-up on related criminal activities such as money laundering or drug trafficking.
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Benefits to citizen and business
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Taken together these measures (i(b), ii, iii and iv.) are likely to improve the ability of national judicial authorities to successfully prosecute large criminal enterprises, which serves as a deterrent to future criminal activity, increase legal certainty, reduce levels of crime thus ultimately having a positive impact on citizens and business.
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Indirect benefits
|
|
Increased number of complex EJ cases
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|
Taken together these measures (i(b), ii, iii and iv.) are likely to increase the number of relevant complex Eurojust cases taken on by National Desks or through Eurojust’s ability to open cases on its own initiative. This is likely to result in an increase in the workload for national desks, EJ administration as well as the national judicial systems.
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If. Overview of Benefits (Action F - Consolidating cooperation with third countries and international organisations) – Preferred Option
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Description
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Amount
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Comments
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|
Direct benefits
|
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Achieve optimal alignment and operational integration with EU partners and Third countries (Specific Objective 2)
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i. This measure would have a small positive impact towards convergence of third-country standards and practices with those applied within the EU and Eurojust. While the effect would be mitigated by the political will of third countries to amend their frameworks (especially regarding data protection). It is likely to have more of an impact with third countries suffering from lack of resources and therefore more likely to be swayed by the conditionality argument.
ii. Liaison Magistrates (LM) are one of the provisions of the EJR not currently used. One issue is the lack of clarity as to what the role and status of the LMs should be (should they be national magistrates, what powers, if any should they have?). By clarifying the status and role of LMs, this measure would likely allow for the posting of LMs in third countries, thus increasing cooperation. The benefit is likely to be greater for MS with fewer resources, as larger ones may already have LMs posted in certain countries.
iii. Similarly to LM, the benefits of resident contact points (RCP) would be to increase cooperation with third countries. RCPs would have the benefit of being located in house at Eurojust’s premises and therefore to be part of the wider day-to-day Eurojust working ecosystem, being a source of information for all members of national desks and the EJ administration about the legal system and very practical and operational issues they may face when cooperating with a given third country.
iv. The participation of LPs in College meetings would further embed the external dimension of Eurojust’s awareness by ensuring that the operation and cooperation strategies of the Agency reflect the needs and operational realities stemming from third countries.
v. This measure would contribute to the development of a common understanding of judicial cooperation standards with international partners, build long-lasting, continuous dialogue with priority regions. Some coordination savings possible.
Benefits per stakeholder group
EJ administration: benefit from better resource allocation,
National Members + National desks: increased ability to work on complex cases
MS: Benefit from better identification of cases with a third country dimension
Other (Third countries): benefit from better cooperation with Eurojust.
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Reduction of fraud and crime
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|
i. N/A
ii. and iii. LM and RCPs are likely to lead to an increase in the effectiveness of investigations and prosecution in cases linked to third countries and lead to an increased number of relevant cases for Eurojust.
iv. N/A
v. The measure would lead to the strengthening the judicial systems of third countries directly improves the effectiveness of operational cooperation, leading to more successful investigations and prosecutions of globally relevant cases.
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Benefits to citizen and business
|
|
Taken together these measures (i, ii, iii, iv and v.) are likely to improve the ability of national judicial authorities to successfully prosecute large criminal enterprises with a third country dimension, which serves as a deterrent to future criminal activity, increase legal certainty, reduce levels of crime thus ultimately having a positive impact on citizens and business.
|
|
Indirect benefits
|
|
Increased number of complex EJ cases
|
|
Taken together these measures (i, ii, iii, iv and v.) are likely to increase the number of relevant complex Eurojust cases with a third country dimension taken on by National Desks. This is likely to result in an increase in the workload for national desks, EJ administration as well as the national judicial systems.
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II. Overview of costs – Preferred option
|
|
|
Citizens/consumers
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Businesses
|
Administrations
|
|
|
OO
|
R
|
OO
|
R
|
One-off
|
Recurrent
|
|
TOTAL for all action areas
|
|
|
|
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Total one-off costs of between EUR 4.4 million and EUR 5.6 million for the implementation of the new measures based on:
- EUR 1.9 million in staff costs (noting that all one-off costs relate to one year of FTE, except measure F(iii) where four years of onboarding are anticipated
plus
- between EUR 2.5 and 3.7 million over the period of the MFF (i.e. between EUR 360 000 and EUR 530 000 per annum).
|
Total recurrent costs ubetween EUR 9.3 million and EUR 9.4 million on average per annum over the course of the next MFF for the implementation of the new measures, based on:
-EUR 6.8 million in staff costs (with additional costs if the number of LM, RCP and capacity building projects under action area F are increased),
-EUR 2 million in non-staff costs linked to extending CICED to other crime areas (A;v).
-Between EUR 3.2 million and EUR 3.9 million over the next MFF (between EUR 460 000 and EUR 560 000 per annum) linked to the IT infrastructure elements included in this IA.
In addition, the progressive use of the new capabilities is expected to generate additional operational expenditure (missions, coordination meetings, JITs related support, cooperation) at around EUR 1.7 million on average per annum over the course of the next MFF.
|
|
II. Overview of costs – Preferred option
|
|
|
Citizens/consumers
|
Businesses
|
Administrations
|
|
|
OO
|
R
|
OO
|
OO
|
R
|
OO
|
|
Action A - Extending the scope of material competences to face the new judicial landscape
|
Direct adjustment costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Direct administrative costs
|
N/A
|
N/A
|
N/A
|
N/A
|
i (b) N/A
ii (b) N/A
iii(b) EUR 2.5-3.7 million (over MFF)
iv. N/A
v. N/A
|
EJ:
i(b) EJ estimates and addition 14 FTEs are needed. On the basis of the existing 19 + 2 FTEs, and taking into account not only a quantitative increase in workload but also the additional complexity of the tasks performed, the implementation of this measure would require 3 additional FTEs (TA-AD/AST – legal and policy officer/assistant.
3 x EUR 194 000 = EUR 582 000
In addition, EJ estimates the need for 110 missions annually for a non-staff total of EUR 500 000
ii(b) In 2025, the total number of resources dedicated to tasks in relation to support in individual cases amounts to 53 FTEs. Assuming a 15% increase in workload, reflecting both the expected rise in the number of cases and the more resource-intensive nature of the support to be provided, this would amount to 8 additional FTEs (TA-AD – legal and policy officer/assistant)
8 x EUR 194 000 = EUR 1 552 000
In addition, each national desk would have to be reinforced with one additional SNE, in order to absorb the expected increase in casework and ensure that the additional operational workload can be handled directly and swiftly at desk level
27 x EUR 108 000 = EUR 2 916 000
iii(b) EJ estimates the introduction of the semi-permanent operational platform to support JITs to require 2 additional FTEs (TA-AD ICT officer)
(2 x EUR 194 000 = EUR 388 000), plus non-staff costs of EUR 1.5 million over the period of the MFF for the digital infrastructures.
iv. N/A – Costs have been provided by Eurojust, however these related to the alignment of the EJR to existing requirements (JUDEX, ECRIS-TCN etc.). As such the costs are not included.
v. On the basis of the resources made available and used for the design, use and maintenance of CICED (16 FTEs + €2million per annum), the expected cost of developing and using a similar type of architecture for other types of crime is expected to be similar: 16 FTEs (TA-AD ICT officer, legal and policy officer, data analyst). In addition, given the expected expansion of data-related operational tools, hit/no-hit system and CICED-typed architectures, Eurojust would need to be equipped with a dedicated fundamental rights officer (with advisory functions to the DPO and the College) to ensure that the development and use of these systems is accompanied by adequate fundamental rights standards: 1 FTE (TA-AD fundamental rights officer)
17 x EUR 194 000 = EUR 3 298 000
+ EUR 2 million of non-staff costs per annum
Overall measure v. is expected to cost EUR 5 million per annum
The extension of competences is expected to generate more casework, missions, coordination meetings, JIT-related support amounting to around EUR 750 000 per annum of operational expenditure.
|
|
|
Direct regulatory fees and charges
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Direct enforcement costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Indirect costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
Low-moderate costs, more staff and budget needed if operational missions increase
|
|
Action B - Harmonizing Member State implementation of the EJR, including on allocation of cases
|
Direct adjustment costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Direct administrative costs
|
N/A
|
N/A
|
N/A
|
N/A
|
i. (b): N/A
ii. (b): N/A
iii.: N/A
iv.: N/A
|
i. (b): N/A
ii. (b): N/A
iii.: N/A
iv.: N/A
|
|
|
Direct regulatory fees and charges
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Direct enforcement costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Indirect costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
EJ + MS:
Low resulting from increase in operational work of national desks and support provided by EJ
|
|
Action C - Establishing a streamlined governance system that accelerates decision-making
|
Direct adjustment costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Direct administrative costs
|
N/A
|
N/A
|
N/A
|
N/A
|
iii. none
MS:
Low – based on the need to select MB representative
|
iii. Assuming two meetings per year (one on site and one external): EUR 200 000 per annum (EUR 80 000 for meeting at EJ; EUR 120 000 for external meeting) for setting up meetings. Could vary depending on frequency and location of meetings
MS:
Low - Cost of sending one person to each MB
|
|
|
Direct regulatory fees and charges
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Direct enforcement costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Indirect costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
EJ: Increase in needed support to new cases taken on by NMs
|
|
Action D - Fostering and strengthening structured operational cooperation with Europol
|
Direct adjustment costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Direct administrative costs
|
N/A
|
N/A
|
N/A
|
N/A
|
i. (b) N/A
ii. (b) Cost of renegotiating the working arrangement with Europol: 2 FTEs (TA AD/AST legal and policy officer/assistant/interinstitutional relations).
2 x EUR 194 000 = EUR 388 000
iii. N/A
iv. N/A
v. N/A
|
i. (b) Cost of setting up optimised systems for indirect access to databases: taking into account the set-up phase, testing, maintenance, user support and progressive scaling-up of functionalities, this would require 6 FTEs (CA ICT officer)
6 x EUR 105 000 = EUR 630 000
+ non-staff costs between EUR 1.7 million and EUR 2.4. million depending on the functionalities.
ii. (b). Eurojust would also require additional support to operate the renovated systems for the exchange of information, manage the increased cooperation flows, ensure technical and operational follow-up, and implement the new working arrangement once concluded: 4 FTEs (CA ICT officer).
4 x EUR 105 000 = EUR 420 000
iii. low as the system already exists and the costs would be linked to (indirect) additional cases
iv. low (linked to additional circulation of preparation documents, etc).
v. Not direct impact from the measure in itself, but indirect costs linked to expected increase in the number of cases.
The measures are expected to generate more follow-up of Europol requests, coordination meetings and case-preparation work, leading to additional operational expenditure of EUR 250 000 per annum.
|
|
|
Direct regulatory fees and charges
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Direct enforcement costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Indirect costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
EJ
Potentially high increase in number of relevant complex cases
|
|
Action E - Promoting fully developed cooperation with the EPPO
|
Direct adjustment costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Direct administrative costs
|
N/A
|
N/A
|
N/A
|
N/A
|
i. (b) and ii. – together these measures may require revising the EPPO-Eurojust working arrangement to broaden its scope and establish clear workflows. This would require approximately 1 FTE (CA legal and policy officer/interinstitutional relations)
1 x EUR 105 000 until the working arrangement has been revised and new practices are stably implemented.
iii. Low set up costs as the EPPO can already participate in COL meetings
iv. Costs of set- up of the mechanism would remain limited, as the number of cases is not expected to be large and the architecture not very complex. However, given the need to design, test and implement the mechanism, and ensure coordination with the relevant services, this should be rounded to 1 FTE (CA legal and policy officer/interinstitutional relations)
1 x EUR 105 000 until the systems has been established and new practices are stably implemented.
|
i. (b) and ii. Taken together, these measures are likely to increase the support provided by Eurojust to the EPPO through reinforced support to setting-up of JITs and JIT funding, enhanced assistance for coordination in relevant cases etc. This support can be expected to represent 1 FTE (CA IT officer/legal officer) = EUR 105 000
iii. low (linked to additional circulation of preparation documents, etc).
iv. low maintenance costs (can be absorbed as part of wider ICT maintenance)
The measures are expected to generate more coordination meetings, JIT support in EPPO cases, and case-preparation work, for an additional operational expenditure of EUR 150 000 per annum.
Other IBOAs (EPPO)
Low recurrent costs linked to travel costs of participation in COL (remote participation not possible currently)
|
|
|
Direct regulatory fees and charges
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Direct enforcement costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Indirect costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
EJ
Potentially low-medium increase in number of relevant complex cases
|
|
Action F - Consolidating cooperation with third countries and international organisations
|
Direct adjustment costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Direct administrative costs
|
N/A
|
N/A
|
N/A
|
N/A
|
i. N/A
ii. cost of selecting LM (low)
iv. N/A
v. N/A
|
i. N/A
ii. Administrative support to Liaison Magistrates is estimated at 1 FTE (TA-AD/AST international affairs officer) per area/region covered (Africa, Central and South America, Middle East). In addition, Eurojust would require 1 FTE (CA international affairs officer) for implementation support linked to the scaling-up of cooperation, operational workflows and project-related reporting.
3 x EUR 194 000 = EUR 582 000
1 x EUR 105 000
Eurojust would also require 3 FTEs (TA-AD, CA international affairs officer) for the overall coordination and management of projects, including planning, reporting, implementation follow-up and liaison with the relevant partners.
1 x EUR 194 000
2 x EUR 210 000
+ costs of LM = EUR 188 500 per country + related costs (travel, meetings etc) = EUR 50 000
iii. Resident Contact Point: preparation and negotiation of working arrangements require approximately 0.6 FTE per negotiation/country. Assuming a mandate to cover 13 countries, Eurojust estimates to be able to onboard resident contact points and support their work with additional resources corresponding to 8 FTEs (TA-AD and CA international affairs officer)
4 x EUR 194 000 = EUR 776 000
4 x EUR 105 000 = EUR 420 000
iii. Cost for the use of services and premises EUR 20 000 per RCP
iv. N/A – no additional costs given LP are already located in the Hague and participate in relevant agenda of the College.
Enhanced cooperation with third countries and IOs is expected to generate more missions, operational support to liaison magistrates, liaison prosecutors, resident contact points and capacity building work for around EUR 550 000 per annum of operational expenditure.
|
|
|
Direct regulatory fees and charges
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Direct enforcement costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
|
Indirect costs
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
Potential increase in operational work through increase of (complex) cases. The number of cases involving third countries would increase by a higher rate than the current one (+12% between 2019 and 2023).
|
As a demand-driven Agency, savings relating to administrative burden reduction are likely to translate into increased operational capacity, rather than have any contribution to OIOO.
|
III. Contribution to the administrative burden reduction targets – Preferred option(s)
|
|
Administrative costs [M€]
|
New recurrent costs (INs)
(nominal values per year)
|
Removed recurrent costs (OUTs)
(nominal values per year)
|
Net cost (INs – OUTs)
(nominal values per year)
|
New one-off costs (INs)
(annualised total net present value over the relevant period)
|
Removed one-off costs (OUTs)
(annualised total net present value over the relevant period)
|
|
All businesses
|
|
|
|
|
|
|
- in which SMEs
|
|
|
|
|
|
|
Public administrations
|
|
|
|
|
|
|
Citizens
|
|
|
|
|
|
|
IV. Overview of relevant Sustainable Development Goals – Preferred Option(s)
|
|
Relevant SDG
|
Expected progress towards the Goal
|
Comments
|
|
SDG 16, Promote just, peaceful and inclusive societies
|
Expected progress towards :
-16.1 Significantly reduce all forms of violence and related death rates everywhere
-16.4 By 2030, significantly reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets and combat all forms of organized crime, and
-16.A Strengthen relevant national institutions, including through international cooperation, for building capacity at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime
|
The expected progress towards SDG 16 is covered in the benefits tables above.
|
Annex 4: Analytical methods
1.General approach
This Impact Assessment has been prepared by the Commission services in accordance with the Better Regulation Guidelines and Toolbox. The analytical framework structures the assessment of problems, objectives, policy options and impacts in a consistent and traceable manner.
2.Support study
2.1.Study requirements and timeline
An external study was commissioned to provide the Commission with evidence and analysis for use in developing the impact assessment. Whilst the study specifications included a request for assistance to the Commission in refining and collecting additional evidence for the problem definition and intervention logic, the main tasks related to:
·identifying, and to the extent possible quantifying, the baseline scenario.
·analysing and comparing the impacts of possible policy options including through sensitivity analysis.
·identifying elements of a related future monitoring framework, including suitable indicators.
The contractor is also expected to provide technical support in relation to the evidence, methodological or analytical issues that might arise before the submission of the draft Impact Assessment Report to the Regulatory Scrutiny Board and to any potential revision following the remarks and recommendations of the Board.
Due to the tight timeline for the revision, the study specifications required the contractors to provide an interim report in time to feed findings into the Commission’s impact assessment before submission to the RSB. Drafting and acceptance of the final report is only expected after the RSB meeting, allowing the report to reflect any changes and updates due to the scrutiny process. Hence, and in line with the planning, all references in the draft impact assessment submitted on 1 April 2026 refer to a draft report. Moreover, whilst the content and analysis are the same, the draft report has been written following a more complex intervention logic (seven problem areas with 18 associated drivers, four specific objectives and four sets of policy options) based on detailed inputs provided by DG JUST at the start of the contract. During the preparation of the impact assessment, this was simplified significantly (two problem areas with 10 associated drivers, two specific objectives and seven sets of policy options, or intervention areas), to facilitate wider understanding and address the key issues, and also to be compatible with the IA length limit. These ‘structural’ changes, between the draft study report and the impact assessment, reflect the changes and developments happening in parallel. They were fully explained to the steering group in the slides presented at the meeting before the impact assessment.
2.2.Approach and data collection
The study has followed a mixed-methods approach aligned to the BR Guidelines and Toolbox. Evidence was gathered through a range of data collection activities, summarised as follows:
·Documentation and data review: Relevant publicly available and confidential Eurojust documents and data sources were identified and reviewed. In particular, Eurojust provided detailed written responses to targeted requests for quantitative estimates to support the development of the baseline scenario and the assessment of the impacts of the policy options.
·Interview programme and site visit: A comprehensive interview programme targeting all relevant stakeholder groups as undertaken. During a site visit to the Hague on 3-4 February 2026, 52 Eurojust stakeholders were consulted (representatives of the national desks, Denmark and the administration, as well as liaison prosecutors) using a mix of 1-1 interviews and five thematic group discussions. 11 follow-up interviews were then conducted with Eurojust stakeholders. 35 interviews have been conducted with other stakeholders, including representatives of the European Commission (DG JUST.C.3, DG BUDG, DG ENEST, DG INTPA), the European Parliament (LIBE Committee), as well as national authorities and practitioners from EU Member States (AT, BE, HR, EE, FI, FR, IT, LT, MT, NL, PL, PT, SK, ES) and third countries (Brazil, Chile, Kosovo, North Macedonia). Consultations have also taken place with EU IBOAs and international organisations (interview with the EPPO and Europol).
·Targeted online survey of national (EU and third country) authorities and practitioners: The survey received 430 responses covering representatives of Eurojust national desks (28, 6.5%), the Eurojust administration (84, 19.5%), liaison prosecutors (4, 0.9%), EU-based practitioners (208, 48.4%), third country-based practitioners (14, 3.3%), Member State public officials (58, 13.5%) and third country public officials (8, 1.9%). All 27 EU Member States and eight third countries (Albania, Bosnia and Herzegovina, Iceland, North Macedonia, Norway, Serbia, Switzerland, the UK) are represented.
·Call for evidence (CfE) and public consultation: The Commission launched a related CfE (42 responses) and public consultation (20 responses).
For more information on the consultations carried out for this IA, see Annex 2.
2.3.Challenges and limitations
The study faced significant challenges due to the limited time available to organise and conduct the consultations and then process and analyse the evidence collected. The consultations took place over five weeks. Many activities were undertaken in parallel and at an early stage, when options were still being defined. This has a particular impact on the detail and provision that stakeholders can provided in their replies.
Equally, whilst significant effort was made to gather quantitative and monetary estimates e.g. via the targeted request to Eurojust, the survey and the interviews, stakeholders have found it challenging to estimate the impact of the different policy options. This often reflects the lack of existing data on outcomes and costs in Member States, as well as the complexity and significant variation from case to case. As a result, the main quantitative/monetary data provided in this impact assessment relates to the internal costs and benefits to Eurojust e.g. in terms of full-time equivalent staff, time savings, costs of missions.
3.Identification and assessment of impacts
3.1.Identification of impacts
All the impacts which could potentially be associated with the policy options analysed in this Impact Assessment were identified after considering the key impacts set out in the ‘Better Regulation Toolbox’ Tool #18.
In the study specifications a wide range of impacts - positive and negative, direct and indirect, intended and unintended, and short- and long-term - were considered. Drawing on the evidence gathered during consultation activities with stakeholders, through literature review and on expert assessment, the identified impacts concentrate were summarised under the headings:
·Ability to reduce fraud and crime (links to general objective), often expressed in relation to the number of Eurojust cases and rates of deterrence. There are likely to be further (indirect) benefits to society, the environment and the economy from reducing the occurrence and severity of serious and organised crime. However, these cannot be estimated, as they vary from case to case.
·Ability to strengthen internal functioning, governance and operational performance of Eurojust (links to specific objective 1). Typically, this involves increasing time and resources available to operational work, removing overlaps or duplication.
·Ability to achieve optimal alignment and operational integration with EU partners and Third countries (links to specific objective 2). Expected impacts include improvements due to quicker communication and information exchange, better understanding of legal systems and practices, greater continuity, removing overlaps and duplication.
·Wider impacts on citizen and business are noted, related to an overall reduction to crime but not considered in detail.
·The qualitative impacts on administrative costs and simplification are also considered. Given the nature of the work undertaken by Eurojust, and the fact that the review relates to the Regulation for an Agency, the focus and simplification benefits from most of the measures (particularly the ones related to governance) will be to simplify and streamline procedures leading to efficiency gains.
3.2.Assessing impacts
A long list of possible measures was identified to address the different problem drivers and deliver progress against the set objectives. A preliminary screening was conducted to ensure that the measures under consideration were relevant, able to address the identified problems and likely to improve the situation at reasonable cost/effort (effectiveness and efficiency) in a proportionate and coherent manner. The retained the measures were then grouped according to the different intervention areas identified for each specific objective (areas A-C for specific objective 1; areas D-F for specific objective 2). Three policy options were then developed for each intervention area by ‘bundling’ the relevant measures. The options are structured according to their degree of intervention:
-Policy Option 1 (PO1) presents the lightest set of measures, which can be adopted and implemented with relative ease and at limited cost. However, their structural impact is expected to be limited.
-Policy Option 2 (PO2) introduces moderately more incisive measures, which may require legislative amendments, seeking to balance stronger impact with manageable implementation costs.
-Policy Option 3 (PO3) proposes the most far-reaching set of measures, necessitating more substantive legislative changes. While this option may deliver the greatest impact, it may raise more complex institutional and political considerations.
The assessment of the measures and associated policy options is based on a mixed methods approach in which the effectiveness, efficiency and coherence of the measures are graded on a scoring system that summarises the different information sources available. This approach reflects the wide range and differing nature of the measures considered for this impact assessment, plus the mix of qualitative and quantitative evidence and opinion collected.
How the three key criteria were scored:
Effectiveness: the score per measure reflects the potential ‘global’ impact on progress towards the relevant specific objective and the general objective. A total effectiveness score was then calculated. Hence for
a)Specific objective 1 impacts related to strengthening Eurojust’s Internal Functioning, Governance and Operational Performance were considered e.g. more time available for relevant complex cases, less time taken to reach decisions, improving resources available for operational tasks, greater legal clarity etc.
b)Specific objective 2 impacts related to strengthening Eurojust’s External Cooperation and Integration with EU-level and international partners e.g. quicker and better arrangements for cooperation, better identification of relevant complex cases, removal of duplication, improving resources available etc.
c)The general objective, impacts related to enhancing Eurojust’s capacity to deliver efficient, effective, and strategically prioritised judicial coordination and support, thereby improving the EU’s overall response to serious cross-border crime and contributing to the EU’s internal and external security e.g. involvement and contribution to resolving complex cases, reducing crime with a subsequent impact on deterring crime, and hence providing wider, indirect economic, environmental and social benefits.
Efficiency: each measure was scored based on an assessment of the expected (qualitative and quantitative) costs, categorised where possible as one off or recurring against the expected (qualitative and quantitative) benefits.
Coherence: each measure was scored for internal coherence e.g. coherence within the EJR and related measures in a bundle and external coherence e.g. coherence of the measure with other related policies, agencies and JHA actors. Again, a total coherence score was then calculated.
Scoring approach
The original scoring was done using a -3 to 0 to +3 scale, where 0 represents no change against the baseline. The main sources underpinning the scores are the evaluation report, the impact assessment support study and its associated consultations and literature review, inputs from Eurojust and the expert opinion of the team drafting the impact assessment.
-3
– The measure has a strong negative impact
-2
– The measure has a moderate negative contribution impact
-1
– The measure has a minor negative contribution impact
0
– The measure makes no difference (stays at baseline)
1
– The measure has a minor positive contribution impact
2
– The measure has a moderate positive contribution impact
3
– The measure has a strong positive impact.
The following process was then followed:
I.Each measure was scored separately by the two teams (contractor team, Commission team) and the results were compared. Scores which differed by more than 0.5 were discussed in depth, leading to a single set of scores for all the measures.
II.For each measure, a total score for effectiveness and coherence was calculated. After some consideration and testing of different approaches (such as setting as global score the maximum score of its components - which did not result in sufficient differentiation between measures), it was decided to give equal weight to the impacts related to the specific objective addressed and to the general objective (i.e. to use the average of their scores), and to use also the average of internal and external coherence. Hence for a given measure, total effectiveness =0.5 * (GO score + SO score); total coherence = 0.5 (internal + external coherence). The tables of scores per measure are presented in Section 3.3.
III.The scores per criterion were then aggregated for the various measures in each policy option. Different methods of aggregation were tested including total (unweighted) score of all component measures, average score (equal weights per measure), total score based on the maximum score in a bundle. But because there are different numbers of measures in each option, a normalising approach (returning the score to the original -3 to 0 to +3 scale) was required, so the total score approach was quickly rejected. Finally, the average score was selected( since taking instead the maximum score across a bundle ignores both the impact of any additional measures in an option where they have smaller values than the ones already included in a previous option, and the possibility of negative scores). The tables of (average) scores per option together with the results of the sensitivity analysis are presented in Section 3.4.
IV.To compare the policy options in their relative impacts, we have performed a Multi-Criteria Analysis (MCA) using different weights to calculate the total score per option. The weights assigned to each criterion represent the relative importance assigned to them. To ensure robustness, we have conducted sensitivity analysis, using three different sets of weights:
Total 1 = 1/3 Effectiveness + 1/3 Efficiency + 1/3 Coherence
Total 2 = 1/2 Effectiveness + 3/10 Efficiency + 1/5 Coherence
Total 3 = 2/5 Effectiveness + 2/5 Efficiency + 1/5 Coherence.
Effectiveness: all retained policy options contribute positively to the achievement of the core objectives of the initiative. Differences between options mainly concern the degree rather than the presence or absence of an effect. Since effectiveness plays a decisive role in differentiating between policy options (with respect to the specific objective pursued in the intervention area addressed, as well as with respect to the general objective), effectiveness always has the equal highest or highest weight.
Efficiency: relates to the differences between retained policy options as regards the magnitude and distribution of costs and benefits for companies, citizens and public authorities, whether direct (including any benefits from simplification) or indirect (as impacts on the economy, society, environment etc). Note that the study sought to quantify and monetise the direct costs or savings of individual policy measures which could then be aggregated to option level. The more indirect benefits of measures could only be assessed qualitatively. Note that the degree to which a measure was deemed to contribution to simplification was also assessed as a possibly third component of efficiency. Efficiency was given the same weight as effectiveness in two tests, and a lower weight in one.
Coherence was assigned a lower weight in two of the sensitivity tests, reflecting that all retained policy options are broadly coherent with existing EU law and changes planned in the JHA. Differences between options in terms of coherence are limited and mainly relate to the degree of alignment with existing instruments and frameworks, rather than to fundamental inconsistencies. Coherence is therefore included to ensure overall policy consistency but does not drive the ranking of options.
V.The total weighed score for each policy option is calculated as the sum of that policy option’s score for a given criterion multiplied by the associated weight assigned to that criterion.
The sensitivity analysis showed that within each intervention area, the ranking was robust, since it was not affected by the different sets of weights assigned to the 3 criteria.
Note: In the inevitable iterations of developing and reviewing the measures and options, and as a result of discussions with the interservice steering group, several measures were amended. Hence the final scoring only uses the positive scale of 0 to +3.
3.3.Scores per measure
3.4.
Aggregated scores per option
Annex 5: Competitiveness check
There are no direct impact on competitiveness (of any type). Positive (indirect) impact on competitiveness is likely through more level playing field for businesses operating in the EU and reductions in crime affecting businesses. Magnitude of this indirect impact is very hard to assess. Indirect impact is anticipated to be general - i.e not differentiated by type of stakeholder or competitiveness dimension (e.g. cost and price, international, SME, capacity to innovate).
Annex 6: SME check
The measures proposed cannot be not categorised as either ‘relevant’ or ‘highly relevant’ for SMEs. They would be subject to the same indirect benefits as all businesses, with no additional costs.
Whilst the initiative is not directly relevant for SMEs, like all businesses they can be expected to benefit indirectly and (reflecting their limited resources) may actually benefit to a higher degree than larger companies, which possess greater means to defend themselves against criminal and fraudulent behaviours.
Annex 7: Additional Information supporting the Impact Assessment
1.Introduction
This annex provides additional information that could not be accommodated within the main Impact Assessment. It examines the evolution of the broader European judicial legal framework, as well as Eurojust’s compliance with Fundamental Rights. It furthermore lists all legal instruments and strategies that include a role for Eurojust.
2.Evolution of the broader European judicial legal framework
The broader European criminal justice landscape has undergone a profound transformation over the past two decades, evolving from a predominantly intergovernmental framework into a coherent, multilayered architecture that acts across borders to enhance criminal justice cooperation and ensure mutual recognition. Eurojust’s development has taken place against this backdrop of further integration, gradual harmonisation of procedural standards, and the creation of new instruments enabling judicial authorities to cooperate efficiently in the fight against serious cross-border crime. These reforms have progressively shaped the environment in which Eurojust operates, expanding its responsibilities and expectations while strengthening the overall European criminal justice ecosystem.
A series of legal and operational instruments have significantly expanded the tools available to judicial authorities. The introduction of the European Arrest Warrant (2002)20 marked a foundational shift from traditional extradition to mutual recognition, followed later by the European Investigation Order (2014)21, which also provided a streamlined mechanism for gathering evidence across borders. The development of Joint Investigation Teams (JITs) has likewise been a major milestone in European judicial cooperation. While established through the 2000 Convention on Mutual Assistance in Criminal Matters22 and the later 2002 Framework Decision23, the practical operation of JITs has been progressively strengthened, supported by Eurojust’s operational, legal and financial assistance. The creation of the incoming JITs platform24, an EU-level digital environment that facilitates the management, exchange and secure communication of JIT-related information, represents an advancement in the way digitalisation supports operational cooperation.
Asset recovery constitutes another domain in which the European legal framework has evolved rapidly and significantly. In 2018, the Regulation on mutual recognition of freezing and confiscation orders25 introduced mandatory timelines, clearer safeguards and smoother cross-border execution of asset recovery decisions. In 2024 this was reinforced by the new Directive on asset recovery and confiscation26, which strengthens national Asset Recovery Offices, enhances tracing capacities, and introduces more robust confiscation regimes - including non-conviction-based confiscation in specific cases. The Union has moved toward a more coherent approach, recognising that depriving criminal networks of illicit proceeds is essential to dismantling their operations. Eurojust’s ability to coordinate judicial action in freezing and confiscation cases, provide case-law consistency, and support parallel financial investigations has become increasingly important within this framework, also supported by more structured links between Eurojust’s casework and Europol.
Beyond these legal instruments, the broader European criminal justice architecture has been shaped by a range of additional legal and policy developments. One can for instance point towards Eurojust’s growing number of third-country cooperation agreements and liaison prosecutors. These are essential in tackling cases involving global links and non-EU jurisdictions and underline the increased cooperation with judicial authorities outside of the EU.27
Moreover, the establishment of the European Public Prosecutor’s Office (EPPO)28 in 2017 has redefined the European prosecution landscape. A cornerstone of this evolution is the shift toward a more integrated framework for protecting the Union’s financial interests. The recent White Paper for the Anti-fraud Architecture Review29 laid out the strategic blueprint for a modernised, interconnected system involving OLAF, Eurojust, the EPPO and national authorities. It emphasised the need for complementary mandates, seamless information flow, and operational synergies, particularly in complex PIF-related investigations involving multiple jurisdictions. Eurojust’s role as a judicial coordination hub is closely linked to this architecture due to the corresponding need to ensure complementarity, information exchange and de-confliction between Eurojust and the EPPO.
Another dimension of this evolving landscape concerns the consolidation of information-sharing frameworks, which underpin nearly all aspects of cross-border judicial cooperation. The Law Enforcement Directive (LED)30 has established a harmonised data-protection regime for the processing of personal data in criminal matters, ensuring that exchanges between national authorities, Eurojust, and other EU bodies take place within a robust fundamental-rights framework. Complementing this, the Data Protection Regulation for EU institutions, bodies, offices and agencies (EUDPR)31 sets the overarching data-protection standards that apply directly to Eurojust and other agencies. While distinct from the LED, it ensures that Eurojust’s internal processing operations, its Case Management System and its information-exchange channels operate under a coherent, EU-wide regime that guarantees high levels of security, accountability and data-subject protection. For Eurojust, these developments are central: the agency’s coordinating role increasingly depends on timely access to accurate, high-quality data that can be safely shared among competent authorities. By aligning its operational systems with the LED’s safeguards and by preparing to function within the future EUDPR infrastructure, Eurojust strengthens both the legality and the efficiency of information flows. Information-exchange between judicial authority has also been reinforced through measures such as the ECRIS-TCN Regulation32, which enables more efficient identification of criminal records of third-country nationals.
In parallel, following the 2009 Stockholm Programme33 and a Council Roadmap34 to strengthen procedural rights in criminal proceedings, the EU adopted on the basis of Articles 82(2), a series of minimum standards directives aimed at enhancing mutual trust and facilitating mutual recognition. In this regard, the harmonisation of procedural safeguards through directives on victims’ rights35 and suspects’ and accused persons’ rights36 further ensures that judicial cooperation operates within a rights-protective, legally consistent environment across Member States. In the same way, under Article 83 the EU has adopted minimum rules defining certain criminal offences and sanctions in areas with a serious cross-border dimension (“EUcrimes”). Indeed, the rationale for minimum harmonisation of procedural and substantial criminal law is closely tied to the principle of mutual trust: the assumption that all Member States respect fundamental rights and the rule of law such that judicial decisions can be recognised and enforced across borders without re-examination of merits. Harmonised procedural rights and defined “EU crimes” help build a common baseline of protections and reduce legitimate obstacles to mutual recognition.
Additionally, practitioner networks have also played a decisive role in shaping the functioning of the judicial legal framework. Networks such as the European Judicial Network (EJN), the Genocide Network, the Network of National Experts on Joint Investigation Teams, and practitioner communities focused on fields such as cybercrime, trafficking in human beings, migrant smuggling, environmental crime and financial crime have contributed to building a common operational culture. These networks facilitate mutual understanding of legal systems, disseminate best practices, and provide platforms for rapid consultation - elements that directly enhance the effectiveness of Eurojust’s coordination function.37
The broader E-evidence framework, to become fully operational in 202638, also constitutes a next major step in the European judicial continuum. It provides judicial authorities in all Member States with a harmonised system for obtaining digital evidence directly from service providers - an essential capability given the prevalence of encrypted communication, cloud-based storage, and digital anonymity in contemporary criminal activity. Eurojust plays a central role in supporting the judicial application of these instruments. This digital transformation is accompanied by parallel developments such as the modernisation of Eurojust’s Case Management System, which strengthens the agency’s capacity to manage fast-moving, data-heavy criminal investigations.
Overall, it can be said that the European judicial legal framework in which Eurojust operates has become more sophisticated, integrated and digitally enabled. Eurojust sits at the centre of this environment, acting as the operational engine that transforms these legal instruments into concrete, coordinated judicial action capable of tackling the increasingly complex and cross-border nature of serious crime in the European Union.
3. Presentation of the current legal framework (Regulation (EU) 2018/1727 on Eurojust)
Eurojust’s mandate, structure and operational framework are laid down in Regulation (EU) 2018/1727 on the European Union Agency for Criminal Justice Cooperation. The Regulation establishes Eurojust as a Union agency with legal personality, replacing the former intergovernmental predecessor while ensuring continuity of functions and expertise. It aligns Eurojust with the post-Lisbon framework for judicial cooperation in criminal matters and embeds the Agency within the Area of Freedom, Security and Justice under the community method.
The Regulation defines Eurojust’s core mission as supporting and strengthening coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime, in particular where such crime affects two or more Member States or requires prosecution on common bases, on the basis of operations conducted and information supplied by the Member States’ authorities, by Europol, by the EPPO and by OLAF. Eurojust’s role is explicitly supportive and complementary: it does not replace national authorities but facilitates their ability to act coherently in cross-border cases by providing a permanent coordination hub at Union level. Eurojust’s material competence covers serious forms of crime listed in Annex I of the Regulation, together with related offences, ensuring legal clarity while allowing operational flexibility. The Regulation also clarifies the conditions under which Eurojust may act in cases involving a single Member State where the interests of the Union or the effectiveness of judicial cooperation so require, subject to consultation with the concerned national authorities.
A central element of the legal context is the delineation of Eurojust’s relationship with the European Public Prosecutor’s Office. The Regulation establishes a principle of complementarity, whereby Eurojust does not exercise competence for offences falling within the EPPO’s remit once the EPPO has decided to act, while still preserving Eurojust’s coordinating role for cases involving non-participating Member States or requiring broader multilateral judicial coordination. This legal design aims to avoid duplication while ensuring continuity of cooperation across the Union’s prosecution landscape.
The Regulation translates Eurojust’s mandate into a set of clearly defined operational tasks. These include facilitating the exchange of information between national authorities, assisting in the coordination of investigations and prosecutions, supporting the resolution of conflicts of jurisdiction, and enhancing judicial cooperation through instruments such as Joint Investigation Teams. Eurojust is also tasked with assisting national authorities in the execution of mutual legal assistance and mutual recognition instruments, thereby supporting the practical application of Union law in criminal matters.
While Eurojust does not exercise prosecutorial powers itself, the Regulation equips it with structured coordination tools that go beyond informal facilitation. Eurojust may request competent national authorities to initiate or coordinate investigations or prosecutions, to accept that one authority may be better placed to prosecute, to set up a Joint Investigation Team, or to take other measures necessary for effective judicial cooperation. Where coordination difficulties persist, Eurojust may issue reasoned written opinions. National authorities are required to respond without undue delay, subject to limited and explicitly defined refusal grounds.
In practice, operational tasks are carried out primarily through the national members, acting individually or jointly as the College, reflecting the Agency’s role as a facilitator of national judicial action rather than an autonomous prosecutorial body. This reinforces the principle that operational ownership of cases remains with Member States, while Eurojust provides the institutional framework, continuity and coordination necessary to align national actions in complex cross-border proceedings. The Regulation, after its targeted amendment in 2022, also empowers Eurojust to establish and manage the Core International Crimes Evidence Database (CICED), enabling the secure storage and preservation of evidence relating to genocide, crimes against humanity and war crimes.
Eurojust’s operational architecture is thus built around the national member model. Each Member State is represented by a national member, supported by deputies and assistants, who are in principle experienced prosecutors, judges or equivalent officials. This structure ensures that Eurojust’s actions and exercise of powers are grounded in national legal systems while enabling rapid coordination across jurisdictions. The Regulation therefore requires Member States to grant national members the powers necessary to fulfil Eurojust’s tasks, in accordance with national law. These powers may include the ability to issue, execute or transmit judicial cooperation requests, and to take urgent measures in exceptional circumstances. This legal framework seeks to reduce delays caused by fragmented competences while preserving constitutional and procedural safeguards at national level.
Next to the College - which is chaired by the President of Eurojust, who is also a National Member - the Regulation also establishes an Executive Board and an Administrative Director, introducing an agency-style governance framework aimed at improving strategic planning, internal efficiency and accountability.
A cornerstone of the Regulation is the establishment of structured information-exchange obligations. Member States are required to provide Eurojust with the information necessary for the performance of its tasks, and the Regulation specifies categories of cases and situations that should be transmitted, such as those involving multiple Member States, potential conflicts of jurisdiction, or repeated difficulties in executing cooperation requests. This moves judicial cooperation from a largely voluntary model toward a more predictable and systematic exchange of information. To support this obligation at national level, the Regulation requires each Member State to establish a Eurojust national coordination system (ENCS), bringing together national correspondents, contact points and relevant networks, including the European Judicial Network. To ensure operational continuity, the Regulation also establishes an on-call coordination mechanism, requiring Member States to ensure round-the-clock availability of national representatives capable of responding to urgent cross-border judicial cooperation needs. For terrorism-related cases, the Regulation after the 2023 amendment also introduces reinforced and standardised information-sharing obligations, stipulating the particular importance of early identification of cross-border links between proceedings in this area.
The Regulation furthermore provides the legal basis for Eurojust’s Case Management System (CMS) and for digital communication between Eurojust and national authorities. It foresees the use of interoperable IT systems to support efficient, secure and timely exchange of judicial information, thereby underpinning Eurojust’s ability to manage growing volumes of complex case data. Given the sensitivity of judicial cooperation data, the Regulation establishes specific rules governing the processing of operational personal data by Eurojust and situates Eurojust within the overarching data protection frameworks, especially for European agencies and law enforcement-data. It defines the categories of data that may be processed, limits access within the Agency, and subjects Eurojust to internal data protection safeguards and external supervision by the European Data Protection Supervisor.
Finally, the Regulation explicitly places Eurojust within the broader EU judicial cooperation ecosystem. It provides a framework for cooperation with Europol, the European Judicial Network (EJN), OLAF, the EPPO and third countries - including through liaison prosecutors and coordination of multilateral judicial requests.
Taken together, the Eurojust Regulation establishes a comprehensive legal architecture that defines Eurojust’s mandate, tasks and powers; structures its operational and governance model; and equips it with modern information-exchange and data-processing capacities. This framework underpins Eurojust’s role as the central hub for judicial coordination in the Union, while ensuring safeguards, accountability and complementarity within the evolving European criminal justice system.
4.Ensuring full compliance with Fundamental Rights
A revised Eurojust Regulation will fully observe the principles in the Charter of Fundamental Rights of the European Union (the Charter) as recognised in the TEU, as well as the general principles of EU law derived from the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). This is particularly important in areas where Eurojust’s expanded mandate would intersect with criminal procedural safeguards and data protection.
The current EJR reflects a strong commitment to the Charter and the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), in particular human dignity (Article 1 of the Charter), the right to integrity (Article 3 of the Charter), the right to liberty and security (Article 6 of the Charter), respect for private and family life (Article 7 of the Charter), the protection of personal data (Article 8 of the Charter), non-discrimination (Article 21 of the Charter), the rights of the child (Article 24 of the Charter), the presumption of innocence and right of defence (Article 48 of the Charter), the principles of legality and proportionality of criminal offences and penalties (Article 49 of the Charter), and the right not to be tried or punished twice in criminal proceedings for the same offence (Article 50 of the Charter).
Given the importance of the access to personal data in Eurojust’s support for the work of judicial authorities and of the processing, this impact assessment focuses specifically on ensuring full compliance with the rights to the protection of personal data (Article 8 of the Charter) and to respect for private life (Article 7 of the Charter).
Rights to the protection of personal data and to respect for private life
Strengthening the possibility of exchanging personal information between Eurojust and other JHA IBOAs, especially Europol, as well as third-country authorities, raises fundamental rights consideration. These considerations primarily concern the right to the protection of personal data under Articles 7 and 8 of the Charter. These issues are particularly important concerning the transfer of data to the national competent authorities of third countries for which only data strictly necessary for judicial cooperation should be shared, in compliance with the EU data protection framework, in particular the Chapter IX of the EUDPR. Enhanced data-sharing, while operationally valuable for combating crime, introduces certain risks that must be carefully managed.
A more frequent exchange of personal data, including sensitive data such as biometric or criminal records, increases the number of actors with access to this information and eventually a longer retention and broader reuse of data may occur. Such interference must therefore meet strict necessity and proportionality requirements. Stronger data exchange may risk blurring the boundary between intelligence and judicial use, a reuse of data for purposes not originally envisaged and a potential reliance on unverified or analytical data in judicial proceedings. Moreover, this threatens the purpose limitation principle that is a core data-protection safeguard.
To mitigate these risks, enhanced exchange must be clearly defined in the legal basis (which is EU secondary legislation), strictly limited to specific categories of data and finally linked to precise objectives in accordance with the principle of proportionality. Lastly, effective protection will require an oversight by the European Data Protection Supervisor (EDPS).
This is why this impact assessment thoroughly takes into consideration these issues of data protection and privacy and any consequences of the proposed amendments to the current legal framework for the processing and sharing of personal data by Eurojust with its European institutional partners (IBOAs or Member States) and third countries.
The preferred policy option, particularly the measures enhancing data exchange with Europol, the EPPO, and third countries (such as D.PO3, E.PO2, and F.PO2), will increase the volume and scope of personal data processing. While this strengthens operational cooperation, it also introduces risks that must be carefully managed.
A more frequent exchange of personal data, including sensitive information such as biometric or criminal records, raises concerns about expanded access by a broader range of actors, potentially leading to longer retention periods and reuse of data beyond its original purpose. Additionally, there is a risk of blurring the boundary between intelligence and judicial use, where data collected for law enforcement purposes (e.g., by Europol) might be repurposed for judicial proceedings without sufficient safeguards. Furthermore, transfers to third countries pose challenges, as data protection standards in those jurisdictions may not fully align with EU requirements, particularly under Chapter IX of the EU Data Protection Regulation (EUDPR).
To mitigate these risks, strict legal bases for data exchange will be established, ensuring that shared data is limited to what is necessary and proportionate for judicial cooperation. Purpose limitation of safeguards will prevent the reuse of data for unintended objectives, while oversight by the European Data Protection Supervisor (EDPS) will ensure compliance with EU standards, particularly for transfers to third countries. A revision of the EJR will also align with the parallel revision of the EUDPR, which will provide harmonised rules for all Justice and Home Affairs (JHA) agencies, further reinforcing data protection.
Procedural Safeguards in Criminal Proceedings
The preferred option aims to strengthen Eurojust’s operational role (e.g., through A.PO3 and B.PO3) without compromising core principles of criminal justice. The presumption of innocence and the right of defense (Article 48 of the Charter) must be upheld, particularly in relation to Eurojust’s expanded analytical functions, such as evidence databases for organised crime, which must avoid prejudicing ongoing investigations or trials. The principle of ne bis in idem (Article 50 of the Charter) will be safeguarded through enhanced coordination mechanisms, which reduce the risk of parallel proceedings.
The legality and proportionality of penalties (Article 49 of the Charter) must also be respected, particularly where Eurojust is granted new competences, such as issuing freezing orders. These competences must align with national procedural autonomy and EU-wide standards.
Key safeguards will ensure that Eurojust’s role remains supportive and coordinative, avoiding any interference with national judicial independence. Transparency and legal remedies will be embedded in operational procedures, providing clear avenues for individuals to challenge data processing or operational decisions that may affect their rights.
Non-Discrimination and Rights of Vulnerable Groups (Articles 21 and 24 of the Charter)
The expansion of Eurojust’s mandate to include gender-based violence and victims’ rights (under A.PO3) must ensure non-discriminatory application and the protection of victims, particularly in cross-border cases. Where cases involve minors, data processing must fully comply with Article 24 of the Charter, which protects the rights of the child, ensuring that procedures are child-sensitive and respectful of their specific needs.]
The preferred option minimises negative impacts on fundamental rights while enhancing Eurojust’s operational effectiveness. The net effect is expected to be neutral or positive, particularly through measures that:
·Reduce risks of jurisdictional conflicts, for example by implementing B.PO3’s case allocation system, which ensures clearer and more consistent case handling.
·Improve coherence with EU data protection frameworks, particularly through alignment with the revision of the EUDPR, which will establish harmonised rules for data processing across JHA agencies.
·Embed procedural safeguards in operational tools, such as analytical databases, ensuring that fundamental rights are protected throughout judicial cooperation processes.
5.Legal instruments and strategies including a role for Eurojust
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European Arrest Warrant (EAW): Framework Decision 2002/584 of 13.06.2002, Articles 16, 17. Eurojust can provide advice in the case of competing EAWs; Eurojust shall be notified when Member states cannot comply with the time limits set out in the Framework Decision.
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Transfer of proceedings: Regulation 2024/3011 of 27.11.2024, Articles 18, 24, 26, 27. Eurojust shall assist the authorities involved at any stage of the procedure, in particular supporting (preliminary) consultations between the authorities, facilitating an agreement on the concentration of the proceedings in one Member State, facilitate the transmission of all communication between the authorities involved.
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Conflicts of jurisdiction: Framework Decision 2009/948 of 30.11.2009, Article 12 and several recitals. Eurojust may facilitate consultations between the authorities, the national authorities shall refer the case to Eurojust where they cannot reach a consensus on how to solve a conflict of jurisdiction. Directive 2017/541 of 15.03.2017 on combating terrorism, Article 19 refers to the role of Eurojust in conflicts of jurisdiction in terrorism cases.
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European Protection Order: Directive 2011/99 of 13.12.2011, Article 8. Eurojust can support in the transmission phase and with obtaining the necessary information.
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European Investigation Order: Directive 2014/41 of 3.4.2014, recital 13. Eurojust can support with a view to ensuring the transmission of the EIO to the competent authority of the executing State.
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Asset tracing: Directive 2024/1260 of 24.4.2024, Article 30(2). Asset recovery offices and asset management offices shall cooperate with Eurojust for the purposes of facilitating the identification of assets to be frozen or confiscated in the course of proceedings in criminal matters, to facilitate the management of frozen and confiscated assets.
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Freezing and confiscation: Regulation 2018/1805 of 14.11.2018, Article 31 and Recital 24, 27, 43, 44. Eurojust may facilitate consultations on the sharing of the costs, facilitate the transmission of freezing and confiscation orders, coordinate freezing/confiscation orders issued to several Member States to avoid excessive confiscations, provide assistance in relation to the procedures for the execution of a freezing/confiscation order given that they may be very different in the two Member States involved, facilitate coordination for the simultaneous execution of freezing/confiscation orders in several Member States.
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European Production and Preservation Order (e-Evidence): Regulation 2023/1543 of 12.07.2023, Article 5(10). Issuing authorities may seek clarification via Eurojust before issuing a European Production Order, including by consulting the competent authorities of the enforcing State, if the issuing authority has reasons to believe that the data requested are protected by immunities or privileges or are subject to rules on determination and limitation of criminal liability relating to freedom of the press or freedom of expression in other media.
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Sanctions evasion: Directive 2024/1226 of 24.04.2024 defining criminal offences and penalties for the violation of EU restrictive measures - Violation of EU restrictive measures/sanctions evasions is now a crime EU-wide and should be explicitly reflected in Annex I EJR. Eurojust has been supporting a growing number of such operational cases. Violation of EU restrictive measures/ sanctions evasions is now a predicate offence to money laundering. Directive on combating money laundering by criminal law has been amended (Article 2(1) (w), by virtue of the Directive on restrictive measures. The scope of Directive 2024/1260 on asset recovery and confiscation has been extended to encompass violation of EU restrictive measures/sanctions violations.
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Support to EU Seize Freeze and Task Force: the EU ‘Freeze and Seize’ Task Force does not have an operational mandate and cannot interfere with the conduct of individual administrative or judicial procedures. This is one of the reasons why Eurojust and Europol have been invited to support the Task Force, within the framework of their respective mandates. At the JHA Council meeting of 4 March 2022 referred to above, Eurojust was invited to exercise its coordination role with regard to both the EU “Freeze and Seize” Task Force and the investigation of core international crimes allegedly committed in Ukraine further to Russia’s invasion of Ukraine.
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Victims’ rights:
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EU Strategy on Victims’ rights 2020-2025, on page 20 whereby Eurojust, in coordination with other EU agencies/networks, “should report on how to improve the cooperation and exchange of information and good practices between the competent authorities in cross-border cases”.
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Directive 2024/1385 of 14.05.2024 against domestic violence and violence against women, recital 87 (exchanging best practices and consulting in individual cases), Article 43(b) (whereby MS are invited to “consult each other in individual cases, including through Eurojust and the European Judicial Network in criminal matters, within their respective mandates”).
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Amendments to Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime (amendments adopted on 10 December 2025 being finalised but not yet published. Expected reference to Eurojust in Article 17(4) in a supporting role to national authorities in cases involving victims).
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Joint investigation teams (JITs): Regulation 2023/969 of 10 May 2023 establishing a collaboration platform to support the functioning of joint investigation teams and amending Regulation 2018/1726, Articles 9-10. The tasks are for JITs Network Secretariat explicitly, as well as for Eurojust regarding the technical arrangement to enable the use of the JITs CP and connection with IT tool managed by Eurojust, in particular JIT Funding.