Eurojust and Joint Investigation Teams: The New Era of Judicial Cooperation in Europe

Eurojust and Joint Investigation Teams: The New Era of Judicial Cooperation in Europe

Joint Investigation Teams as a Replacement for Letters Rogatory

For years, letters rogatory have been the primary mechanism for international judicial cooperation in obtaining evidence. However, their application has proven to be slow and bureaucratic, hindering the effective prosecution of transnational crimes. To overcome these limitations, the 2000 Convention on Mutual Assistance in Criminal Matters between the EU Member States and Council Framework Decision 2002/465/JHA established JITs as an efficient and dynamic alternative.

JITs allow direct cooperation between judicial and law enforcement authorities from two or more Member States in investigating cross-border crimes. In Spain, the regulation of JITs is set out in Law 23/2014, of 20 November, on the Mutual Recognition of Criminal Judgments in the EU, which incorporates European regulations and establishes the conditions for the formation and operation of these teams.

Advantages of JITs over Letters Rogatory:

  1. Unlike letters rogatory, JITs enable investigators and prosecutors from different countries to work jointly and in real-time on the same investigation.
  2. Team members can share evidence and information without resorting to formal request and validation processes.
  3. JITs can operate simultaneously in multiple Member States, facilitating coordinated interventions.
  4. They foster close collaboration between prosecutors, judges, and law enforcement agencies, allowing for more integrated and effective investigations.

Practical Application:

JITs have been used in cases involving terrorism, drug trafficking, and corruption. In Supreme Court Judgment 201/2022, the intervention of a JIT in a money laundering investigation involving Spain, Germany, and the Netherlands was upheld, emphasizing the validity of the evidence obtained without the need for letters rogatory.

Another relevant case is the EncroChat Case, where a JIT coordinated by Eurojust facilitated the interception and analysis of encrypted communications used by criminal networks across Europe, leading to multiple arrests and convictions.

The European Investigation Order and Its Relationship with JITs

‍In addition to JITs, the European Investigation Order (hereinafter, EIO) has largely replaced letters rogatory in obtaining evidence. Regulated by Directive 2014/41/EU and transposed into Spanish law through Law 3/2018, the EIO allows for the rapid and standardized transmission of cooperation requests between Member States, ensuring mutual recognition of investigative measures.

The EIO complements JITs by facilitating the collection of evidence in foreign jurisdictions without the need for extensive bureaucratic procedures. In National Court Judgment 451/2020, the legality of an EIO issued by France to obtain banking evidence in a tax fraud investigation in Spain was confirmed, demonstrating the efficiency of this instrument.

Eurojust and Its Functionality in Criminal Investigations Eurojust is the European Union agency responsible for enhancing judicial cooperation in criminal matters among Member States. Established in 2002, it was created to more effectively coordinate the investigation and prosecution of serious crimes with transnational implications. Headquartered in The Hague, Netherlands, Eurojust has played a key role in combating organized crime and terrorism.

Main Functions of Eurojust:

  1. Eurojust facilitates cooperation between judicial authorities of different countries, ensuring effective investigations and preventing duplications.
  2. In cases where multiple countries have jurisdiction to investigate or prosecute a crime, Eurojust helps determine the most appropriate State to proceed.
  3. Eurojust promotes direct operational cooperation between prosecutors and law enforcement agencies from different Member States.
  4. In collaboration with Europol, Eurojust contributes to the strategic exchange of information on organized crime and terrorism.

Relevant Cases:

Eurojust's intervention has been crucial in resolving numerous transnational crime cases. One of the most notable is the aforementioned EncroChat Case, where Eurojust coordinated operations across several European countries against criminal networks using encrypted communications for drug and arms trafficking. Through this cooperation, a large-scale criminal infrastructure was dismantled.

In the jurisprudential field, the Court of Justice of the European Union Judgment of 8 December 2020 underscored the importance of Eurojust in managing European Arrest Warrants and extradition requests, emphasizing its role in ensuring the principle of proportionality and respect for fundamental rights.

Another relevant ruling is Supreme Court Judgment 201/2022, which validated Eurojust's involvement in coordinating a money laundering case with ramifications in Spain, Germany, and the Netherlands. The Court highlighted that Eurojust's intervention helped prevent investigation fragmentation and ensured a coherent judicial response.

Conclusion

The implementation of Joint Investigation Teams, along with the European Investigation Order and the work of Eurojust, has transformed judicial cooperation in the European Union, offering more efficient and effective tools than traditional letters rogatory. These instruments not only streamline evidence-gathering procedures and coordination among Member States but also ensure compliance with fundamental rights and procedural safeguards.

Thanks to JITs, Member States can collaborate directly in transnational investigations, while the EIO and Eurojust facilitate evidence collection and the coordination of efforts in the fight against organized crime and terrorism. The case law of the Supreme Court and the CJEU has confirmed the validity and effectiveness of these mechanisms, consolidating their role within the EU’s Area of Freedom, Security, and Justice.