Argument over Eurojust status could delay launch

Date: 14/09/00

By John Shelley

HOPES that justice ministers would approve the creation of a fledgling European office of criminal prosecutors later this month appear to have been dashed because of a row over whether the bureau should be permanently based in Brussels.

But ministers are expected to clear the way for the scheme, known as Eurojust, to be approved in November, raising expectations that the office could be up and running by early next year.

EU leaders originally agreed in principle to set up Eurojust at their special justice and home affairs summit in Tampere last October. They declared then that it should be a unit made up of prosecutors, magistrates or police from each member state with powers to help coordinate the work of national authorities in international cases and support cross-border criminal investigations.

However, details of the plan have sparked controversy, with Berlin tabling proposals for a far weaker office than originally anticipated. This was countered, shortly before the summer, by an unprecedented display of unity from four consecutive EU presidencies - Portugal, France, Sweden and Belgium - which put forward a plan to create an agency with relatively limited powers initially, to be replaced by a full-strength office later.

Supporters of this approach appear to have won the argument. But hopes of getting political agreement on the plan when Union justice and home affairs ministers meet later this month have been quashed by a second move to put the brakes on the project, instigated by Amsterdam and supported by Berlin.

The Dutch are calling for the organisation to take the form of a working group of prosecutors based in their own countries initially, while the four presidencies say the office should be permanently based in Brussels from day one.EU diplomats remain hopeful that progress can still be made at this month's ministerial meeting, but warn that no side in the argument can expect outright victory because the body can only be set up if all 15 Union member states agree to support the initiative. "Unanimity is required in this area so it would be pointless to insist on something that is not acceptable to even one member state," said one.Berlin is believed to be opposed to a strong Eurojust because Germany's federal nature makes it difficult for the government to give national powers to its European-level representative. Under the proposal tabled by the four presidencies, Eurojust would be able to ask member states to launch an investigation and have the right to an explanation if the request is turned down. The body would be led by a president and two vice-presidents, all chosen by member states, and would be assisted by a permanent team of translators and interpreters.

Hopes that justice ministers would approve the creation of a fledgling European office of criminal prosecutors in September 2000 appear to have been dashed because of a row over whether the bureau should be permanently based in Brussels. But ministers are expected to clear the way for the scheme, known as Eurojust, to be approved in November, raising expectations that the office could be up and running by early 2001.