Eurojust seeks more powers

National representatives at Eurojust, the EU body which helps examine and prosecute cross-border criminals, should be given more powers when investigating cases, according to Michael Kennedy, its president.

Eurojust should also fund cross-border investigation teams and, on occasion, lead them, he said.

His comments come as the European Commission prepares a proposal for changes to Eurojust, which has been in operation for five years.

Kennedy said that he hoped the Commission’s proposal due out in the autumn would include strengthening the powers of the national members who sit on the Eurojust board.

Some national members keep the powers they held in their own member states as prosecutors and investigators and can issue arrest warrants, sign letters requesting investigations by police or give authorisation to allow criminals to cross borders for surveillance purposes, but others do not.

Kennedy said that these differences in powers could "on occasion be frustrating".

But some member states are likely to oppose the move to strengthen Eurojust, preferring not to have prosecutors who are operating outside their jurisdiction with powers to intervene in cases. "It’s going to be difficult to do that and I accept that is something that’s going to be a challenge but it would be extremely useful so that we have parity," said Kennedy.

The involvement of member states in joint investigation teams involving Eurojust personnel and investigators from other countries had been "disappointing", Kennedy said. There were practical and cultural problems with allowing such personnel to operate in sovereign states but sometimes the issue came down to funding, he said. "What I would like to see in future is that Eurojust might be able to offer funding to make joint-investigating teams established where needed," Kennedy said.

In some cases it could involve Eurojust leading an investigation but the sovereignty of member states had to be considered, he said. "It’s always this fine balance between the sovereignty of the legal systems in the member states, not upsetting that and yet ensuring that there is effective cross-border action when there is an international dimension to it," he said.

Five years into its work, Eurojust has seen the number of cases referred to it by member states for help with investigations rise from 192 cases in 2001 to 771 cases in 2006. The 2006 annual report, released last week, says more cases, especially from member states with large populations should be referred to Eurojust. Kennedy said that this was because some member states, in particular France and the UK, had personnel in other countries and conducted investigations on a bilateral basis.

The annual report also highlights problems with some national members not being given enough help to investigate cases and carry out their administrative duties through the allocation of extra staff. Some states had one or two people assisting national members while others only had one, he said.

National representatives at Eurojust, the EU body which helps examine and prosecute cross-border criminals, should be given more powers when investigating cases, according to Michael Kennedy, its president.