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Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA article 4 CELEX: 02018R1727-20231031 1. Eurojust shall: (a) inform the competent authorities of the Member States of investigations and prosecutions of which it has been informed which have repercussions at Union level or which might affect Member States other than those directly concerned; (b) assist the competent authorities of the Member States in ensuring the best possible coordination of investigations and prosecutions; (c) assist in improving cooperation between the competent authorities of the Member States, in particular on the basis of Europol’s analyses; (d) cooperate and consult with the European Judicial Network in criminal matters, including by making use of and contributing to the improvement of the documentary database of the European Judicial Network; (e) cooperate closely with the EPPO on matters relating to its competence; (f) provide operational, technical and financial support to Member States’ cross-border operations and investigations, including to joint investigation teams; (g) support, and where appropriate participate in, the Union centres of specialised expertise developed by Europol and other Union institutions, bodies, offices and agencies; (h) cooperate with Union institutions, bodies, offices and agencies, as well as networks established in the area of freedom, security and justice regulated under Title V of the TFEU; (i) support Member States’ action in combating forms of serious crime listed in Annex I; (j) support Member States’ action in combating genocide, crimes against humanity, war crimes and related criminal offences, including by preserving, analysing and storing evidence related to those crimes and related criminal offences and enabling the exchange of such evidence with, or otherwise making it directly available to, competent national authorities and international judicial authorities, in particular the International Criminal Court. |
Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA article 4 CELEX: 02018R1727-20231031 2. In carrying out its tasks, Eurojust may ask the competent authorities of the Member States concerned, giving its reasons, to: (a) undertake an investigation or prosecution of specific acts; (b) accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts; (c) coordinate between the competent authorities of the Member States concerned; (d) set up a joint investigation team in accordance with the relevant cooperation instruments; (e) provide it with any information that is necessary for carrying out its tasks; (f) take special investigative measures; (g) take any other measure justified for the investigation or prosecution. 3. Eurojust may also: (a) provide Europol with opinions based on analyses carried out by Europol; (b) supply logistical support, including translation, interpretation and the organisation of coordination meetings. |
Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA article 4 CELEX: 02018R1727-20231031 4. Where two or more Member States cannot agree as to which of them should undertake an investigation or prosecution following a request under points (a) or (b) of paragraph 2, Eurojust shall issue a written opinion on the case. Eurojust shall send the opinion to the Member States concerned immediately. 5. At the request of a competent authority, or on its own initiative, Eurojust shall issue a written opinion on recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including requests and decisions based on instruments giving effect to the principle of mutual recognition, provided that it is not possible to resolve such cases through mutual agreement between the competent national authorities or through the involvement of the national members concerned. Eurojust shall send the opinion to the Member States concerned immediately. |
Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA article 4 CELEX: 02018R1727-20231031 6. The competent authorities of the Member States concerned shall respond to requests from Eurojust under paragraph 2 and to the written opinions referred to in paragraph 4 or 5 without undue delay. The competent authorities of the Member States may refuse to comply with such requests or to follow the written opinion if doing so would harm essential national security interests, would jeopardise the success of an ongoing investigation or would jeopardise the safety of an individual. |