The European Judicial Network

29-05-2008

The draft Council Decision on the European Judicial Network reflects to the highest extent the need for a new legal basis, a strengthening of the Network, an improvement of its operation and a new relationship with Eurojust. The draft confirms the practice of the Network and can be considered as a modern and effective tool for 21st century. However, certain areas will require further analysis and possible amendments to the text. In almost all areas the draft Decision accurately reflects the needs of the EJN as formulated in numerous documents of the Network in recent years. To a certain extent it also addresses the issues formulated by the Commission in its Communication on this matter of October 2007. The new legal instrument, if adopted, will facilitate the role of the EJN and its assistance to competent judicial authorities of the Member States. It also takes into account the new development in the field of judicial cooperation in the European Union based on the principle of mutual recognition. The draft also aims to resolve the issue concerning the relationship between the EJN and Eurojust. In this area the draft could be further improved in order to achieve a better exchange of information and complementarity of the work of the two entities. Cooperation between them should be strengthened and based on a principle of privileged and strategic partnership. The draft Decision will help to improve judicial cooperation in criminal matters, to increase mutual trust between the judicial authorities of the Member States and to promote the principle of mutual recognition as the cornerstone of judicial cooperation in criminal matters. Thus, it will help to strengthen the area of freedom, security and justice.

The draft Council Decision on the European Judicial Network reflects to the highest extent the need for a new legal basis, a strengthening of the Network, an improvement of its operation and a new relationship with Eurojust. The draft confirms the practice of the Network and can be considered as a modern and effective tool for 21st century. However, certain areas will require further analysis and possible amendments to the text. In almost all areas the draft Decision accurately reflects the needs of the EJN as formulated in numerous documents of the Network in recent years. To a certain extent it also addresses the issues formulated by the Commission in its Communication on this matter of October 2007. The new legal instrument, if adopted, will facilitate the role of the EJN and its assistance to competent judicial authorities of the Member States. It also takes into account the new development in the field of judicial cooperation in the European Union based on the principle of mutual recognition. The draft also aims to resolve the issue concerning the relationship between the EJN and Eurojust. In this area the draft could be further improved in order to achieve a better exchange of information and complementarity of the work of the two entities. Cooperation between them should be strengthened and based on a principle of privileged and strategic partnership. The draft Decision will help to improve judicial cooperation in criminal matters, to increase mutual trust between the judicial authorities of the Member States and to promote the principle of mutual recognition as the cornerstone of judicial cooperation in criminal matters. Thus, it will help to strengthen the area of freedom, security and justice.

Parlamendiväline autor

Branislav Bohacik, European Institute of Public Administration, Antenne Luxembourg