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Eurojust Annual Report 2023 en

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ANNUAL REPORT 2023

Contents
Acronyms and abbreviations ................................................................................... 4 4. Ensuring victims' rights ................................................................................. 65
Foreword by Vice-President of the European Commission ........................... 5
Foreword by Eurojust President ............................................................................. 6 4.1 Protecting victims’ rights in cross-border cases ................................................ 65
Eurojust at a glance ..................................................................................................... 7 4.2 The victims’ rights dimension in Eurojust’s casework .................................... 65
2023 highlights ............................................................................................................. 8 4.3 Safeguarding victims’ rights across all crime areas .......................................... 67
4.4 Revision of the Victims Rights’ Directive and cooperation at EU level ..... 68
1. 2023 in figures ................................................................................................... 11
5. Cooperation with partners ............................................................................ 69
1.1 Operational outcomes ....................................................................................................11
1.2 Casework increase ...........................................................................................................12 5.1 Cooperation with EU agencies ................................................................................... 69
1.3 Member State National Desks' involvement in cases ........................................12 5.2 Relations with EU institutions and Member States .......................................... 72
5.3 Cooperation with third countries ............................................................................. 73
2. In Focus in 2023 ................................................................................................ 14 5.4 Cooperation with international organisations ................................................... 81

2.1 Our work related to the war in Ukraine ..................................................................14 6. Eurojust services and judicial cooperation instruments .................... 83
2.2 Our progress towards digitalising criminal justice ............................................22
6.1 Joint investigation teams .............................................................................................. 83
3. Key crime areas ................................................................................................ 25 6.2 Coordination meetings and coordination centres ............................................. 86
6.3 Resolving conflicts of jurisdiction ............................................................................ 89
3.1 Overview of cases by crime type in 2023 .............................................................. 25 6.4 European Arrest Warrant ............................................................................................ 90
3.2 Terrorism ............................................................................................................................ 26 6.5 European Investigation Order .................................................................................... 92
3.3 Core international crimes ............................................................................................ 30
3.4 Migrant smuggling .......................................................................................................... 34
3.5 Trafficking in human beings ....................................................................................... 37
3.6 Drug trafficking ................................................................................................................ 40 The statistics on Eurojust cases included in this report were produced on the basis
3.7 Cybercrime ......................................................................................................................... 44 of data contained in the Eurojust case management system (CMS). The numbers
3.8 Economic crime ................................................................................................................ 49 were extracted in January 2024 and reflect the data available at that moment.
3.9 Environmental crime ..................................................................................................... 55 Due to the ongoing nature of cases, possible discrepancies with previously
3.10 Intellectual property crime ......................................................................................... 58 reported numbers may exist, and statistics may be updated in the future.
3.11 Organised crime ............................................................................................................... 62

EUROJUST ANNUAL REPORT 2023 | 3


Acronyms and abbreviations
AI Artificial intelligence eu-LISA EU agency for operational management of large-scale IT
CATS Coordinating Committee in the area of police and judicial systems in the area of Freedom, Security and Justice
cooperation in criminal matters ECHR European Convention on Human Rights
CEPOL European Union Agency for Law Enforcement Training EUROPOL European Union Law Enforcement Agency
CIC Core international crimes FPI European Commission’s Service for Foreign Policy
CICED Core International Crimes Evidence Database Instruments
CJEU Court of Justice of the European Union FRA European Union Agency for Fundamental Rights
CMS Case management system FTF Foreign terrorist fighter
CSO Civil society organisation ICC International Criminal Court
CTR European Judicial Counter-Terrorism Register ICPA International Centre for the Prosecution of the Crime of
DC Digital Criminal Justice Programme Aggression against Ukraine
DSA Digital Services Act IP Intellectual property
EAW European Arrest Warrant IPC Intellectual property crime
ECRIS-TCN European Criminal Records Information System – Third JHA Justice and Home Affairs
Country Nationals JHAAN Justice and Home Affairs Agencies’ Network
ECTC European Counter Terrorism Centre JIT Joint investigation team
EIO European Investigation Order JIT MCS Joint investigation team model case scenario
EJCN European Judicial Cybercrime Network MLA Mutual legal assistance
EJN European Judicial Network MTIC Missing Trader Intra-Community Fraud
EJTN European Judicial Training Network NFT Non-fungible token
EL PAcCTO Europe Latin America Programme of Assistance against OCR Optical character recognition
Transnational Organised Crime OAP Operational Action Plan
EMJ EuroMed Justice Programme OCG Organised crime group
EMJNet Network of Contact Points for criminal justice authorities OLAF European Anti-Fraud Office
from South Partner Countries OSINT Open-source intelligence
EMPACT European Multidisciplinary Platform Against Criminal OSP Online service providers
Threats PIF Protection of the financial interests of the European
EMSC European Migrant Smuggling Centre Union
ENPE European Network of Prosecutors for the Environment SIRIUS Scientific Information Retrieval Integrated Utilisation
EPPO European Public Prosecutor’s Office System
ERA Academy of European Law SPC South Partner Countries
EU European Union UNODC United Nations Office on Drugs and Crime
EUIPO European Union Intellectual Property Office WBCJ Western Balkans Criminal Justice project
WB PaCT Western Balkans Partnership against Crime and Terrorism

4 | EUROJUST ANNUAL REPORT 2023


Forewords

Věra Jourová, Vice-President of the European Commission –


European Commissioner for Values and Transparency

A s the saying goes, justice must be seen to be done, and ever since its
inception in 2002, Eurojust has been instrumental in helping to uphold
in a visible way the rule of law across the European continent. As the
put legislation and policies into
practice. In light of the atrocities
committed against Ukraine, 2023
EU Agency for Criminal Justice Cooperation, Eurojust sits at the heart of was the year in which Eurojust
international judicial cooperation. It serves as a hub where prosecutors launched its Core International
and investigative judges from EU Member States and beyond ensure that Crimes Evidence Database (CICED)
criminals can and will be held accountable across international jurisdictions. to which – in addition to Ukraine
As such, I am deeply grateful to Eurojust for its unrelenting dedication in itself, the United States and Norway
promoting and safeguarding some of the values we hold most dear in the – 11 EU Member States currently
European Union. contribute. I am hopeful that the
number of contributing countries
From that perspective, 2023 was a crucial year at Eurojust. It saw record will continue to grow, and that
numbers in terms of its overall caseload, coordination meetings and newly together we will build an even
established joint investigation teams. In supporting ongoing investigations stronger case against Russia’s
in Member States, Eurojust’s role is central in weaving a tight fabric among illegal and unjustified aggression in
judicial authorities in our Union, and this part of its work will only gain in Ukraine. In addition, and with the
importance as the international dimension of organised crime continues help of the European Commission,
to grow. Swindling and fraud, drug trafficking and money laundering – all 2023 was also the year in which
transnational in nature – were among the main crime types for which the International Centre for the
Eurojust’s support and assistance were required. Prosecution of the Crime of Aggression against Ukraine (ICPA) saw the light
of day and started its operations from Eurojust’s premises in The Hague.
Yet the call on Eurojust has far exceeded the fight against serious and
organised crime, as it has continued to take on an important role in the With all this in mind, I would like to warmly thank Eurojust and its entire
European Union’s judicial response to the war of aggression against Ukraine. staff for the excellent work we have seen in 2023 under the leadership of
The fight for human values and against lawlessness is one in which we President Ladislav Hamran, which the Commission fully supports. I look
all have a role to play, and I welcome Eurojust’s many efforts in 2023 to forward to much more to come in the years ahead.

EUROJUST ANNUAL REPORT 2023 | 5


Ladislav Hamran, Eurojust President

T
he only constant in life is change, and 2023 has been a year for Eurojust With all this in mind, let me thank all our partners for their continued support
which brought exactly that. Eurojust’s role in the European Union’s judicial to Eurojust’s mission and I look forward to an opportunity of meeting you in
response to the continuing war of aggression against Ukraine has been at The Hague.
the heart of much of our work in the past 12 months. The launch of the
International Centre for the Prosecution of the Crime of Aggression in Ukraine
(ICPA) in July 2023 and the establishment of the Core International Crimes
Evidence Data Base (CICED) have been crucial, and we are keen to further
support the fight against impunity for atrocity crimes. We expect our work in
this field to grow substantially in years to come and to help close the security
chain across borders and jurisdictions.

In June 2023, we launched Eurojust’s Digital Criminal Justice Programme,


which will lead to faster and closer collaboration between ourselves, EU
Member States, partners and third countries. At the same time, 2023
was a year in which our casework rose to record levels. We are grateful
for the confidence prosecutors and judges from across the continent and
beyond continue to place in us. Eurojust last year supported 13 164 cases,
representing a 14% year-on-year increase, and hosted 577 coordination
meetings on ongoing investigations. In addition and possibly even more
important, 5 710 files of our overall workload consisted of new cases, up from
5 227 in 2022. These figures bear witness to the ever-growing international
dimension of organised crime and to the added value Eurojust and its work
represent to judicial professionals not just in the European Union, but
© Eurojust
increasingly to those in partner countries too. In addition to the ten Liaison
Prosecutors (LP) stationed at Eurojust from non-EU countries, the LP-network Eurojust Presidency 2023 (left to right):
grew in 2023 with a prosecutor from the Republic of Moldova, and we look Margarita Šniutytė-Daugėlienė, Vice-President; Ladislav Hamran, President; and Boštjan Škrlec, Vice-President
forward to its further expansion in 2024.

6 | EUROJUST ANNUAL REPORT 2023


WHAT IS EUROJUST? WHY EUROJUST? WHAT IS OUR IMPACT?

Eurojust is the EU Agency for Working across 27 judicial Each year, Eurojust contributes Top 5 crime types addressed
Criminal Justice Cooperation. systems is complex. Through to the arrest or surrender by Eurojust in 2023
We are a specialised hub our unique know-how, we of thousands of suspects
4%
providing tailor-made ensure that national borders and the seizure or freezing 5%
support to prosecutors are no obstacle to prosecuting of billions of euros worth of
and judges from across the criminals and getting justice criminal assets. 9%
EU and beyond. done. In addition to our legal 53%
expertise, we provide secure Moreover, we help to deliver
23%
To effectively tackle cross- meeting rooms with state- justice to thousands of
border crime, we also host of-the-art IT systems and victims, ensuring their
Economic crimes
networks and run several interpretation facilities, as identification, rescue and Drug trafficking
programmes and projects. well as a 24/7 on-call service. protection. Organised crime Cybercrime Migrant smuggling

* Other crime types include trafficking in human beings, terrorism, core


international crimes, environmental crime and intellectual property crime

WHO DO WE WORK WITH? HOW DO WE WORK?

We have Contact Points in over 70 countries worldwide, as well as We provide our services to national authorities throughout
several Liaison Prosecutors from third countries posted at Eurojust. all stages of the criminal justice chain, from when a case is
This global network works alongside EU Member States to provide opened by a Member State until justice gets done in court:
support to cross-
border investigations. ` In coordination meetings, we bring together
prosecutors from all over Europe to work on cross-
We also have strong
border crime cases.
partnerships with
other EU Justice ` We support joint investigation teams – logistically,
and Home Affairs financially and with expertise.
agencies as well as ` From our coordination centre, joint action days
international partners. against criminal networks are steered in real time,
with arrests and searches taking place simultaneously
EU Member States in multiple countries.
Liaison Prosecutors posted at Eurojust International Judicial Contact Points
Highlights
Photos appearing in 2023 Highlights

Page 1 (Left to right starting from the top row)

1: Press briefing held at Eurojust to announce the start of Core International Crimes Evidence Database (CICED) operations, 23/02/2023
2: OLAF Director General Ville Itälä and Eurojust President Ladislav Hamran signing a new Working Arrangement, 29/03/2023
3: Visit of Minister of Justice Rati Bregadze of Georgia, 24/05/2023
4: Eurojust Vice-President Boštjan Škrlec welcoming State Secretary for European affairs Marko Štucin of the Republic of Slovenia, 13/07/2023
5: 60th plenary meeting of the European Judicial Network (EJN), marking its 25th anniversary, 12-14/06/2023
6: Conference held at Eurojust to mark the launch of the Western Balkans Criminal Justice Project, 15/05/2023
7: European Ombudsman Award for Good Administration presented to Eurojust, the Genocide Network Secretariat, and the Office of the Prosecutor of the International Criminal
Court for their joint publication of guidelines helping civil society document core international crimes and human rights violations, 28/06/2023 (photo: © Javier Bernal Revert)
8: Eurojust Vice-President Margarita Šniutytė-Daugėlienė welcoming Attorney General of the Republic of Colombia Francisco Barbosa, 19/10/2023

Page 2 (Left to right starting from the top row)

1: Launch of the International Centre for the Prosecution of the Crime of Aggression Against Ukraine (ICPA) at Eurojust, 03/07/2023
2: 8th EU Day Against Impunity, co-organised by the Swedish Presidency of the Council, the European Commission, Eurojust and the Genocide Network, 22/05/2023 (photo: © Nebojša Tejić)
3: Members of the joint investigation team participating in the ICPA’s first operational meeting (Estonia, Latvia, Lithuania, Poland, Romania and Ukraine), 03/07/2023
4: Visit of Federal Minister of Justice Alma Zadić of the Republic of Austria, 06/11/2023
5: Annual meeting at Eurojust of EU Prosecutors General and Directors of Public Prosecutions, 5-6/10/2023
6: Appointment of Eurojust Administrative Director Vincent Jamin, 21/11/2022 (photo: © Europol)
7: Eurojust Open Day, 24/09/2023
8: Attorney General Lateef Olasunkanmi Fagbemi-SAN of Nigeria signing a Working Arrangement with Eurojust, 10/11/2023
9: Visit of President Maia Sandu of the Republic of Moldova, 16/10/2022

Photos © Eurojust
1. 2023 in figures
1
Justice Done – Operational Outcomes in 2023
1.1 Operational outcomes
SCALE OF THE CHALLENGE PRACTICAL SUPPORT EFFECTIVE USE OF

W
JUDICIAL COOPERATION TOOLS
hile Eurojust’s work in 2023 continued to have a strong
focus on supporting Member States’ and partners’ judicial
response to the war in Ukraine, the Agency fully delivered on its Prosecutors from across the EU turned 1 252 European
to Eurojust for support in cross-border Arrest Warrant cases
mandate to fight all serious cross-border crimes, handling more criminal investigations involving:
than 13 000 cases.
89 438 suspects 6 299
cases with European
Eurojust contributed to the arrest of more than 4 200 suspects 13 164 cases Investigation Orders
and the seizure and freezing of criminal assets worth over EUR 2 292 cases involving
1 billion. The Agency also contributed to the seizure of drugs organised crime groups
1 994 288 joint
worth almost EUR 26 billion, which represents more than rapid responses to judicial investigation teams
double the amount it helped seize in 2022. € 17.3 bn in damages cooperation requests

1 918 3 743 mutual legal


Reflecting the growing scale of the challenge, the number of 375 171 victims of crime large-scale operations assistance cases
victims affected by the cases handled by the Agency in 2023
increased by 12% compared to 2022. The number of cases
involving organised crime groups also increased by 12%
compared to the previous year.
4 249 suspects € 1.1 billion
In 2023, Eurojust supported 9% more joint investigation arrested and/or surrendered in criminal assets seized/frozen
teams than in 2022, illustrating national authorities’ trust
in and reliance on the Agency’s services to facilitate judicial € 25.6 billion worth of drugs seized
cooperation. 2 261 agreements on
where to prosecute a suspect Synthetic drugs:
73 041 kg cocaine - 793 912 kg amphetamines
These impressive operational outcomes are the result of cross- - 7 822 003 pills
border cooperation between judicial authorities enabled by 2 026 witnesses
361 witness hearings by videoconference
Eurojust, in close cooperation with all actors in the criminal 218 397 kg cannabis 9 731 kg heroin
justice chain.

1
It should be noted that these outcomes were also achieved through cases that were opened before 2023 and were included in the reporting on operational outcomes in Eurojust’s 2022 Annual Report. The outcomes of
these cases are included again for 2023 reporting purposes, since the cases were still ongoing.

EUROJUST ANNUAL REPORT 2023 | 11


1.2 Casework increase +14%
+14%
E urojust’s casework continued to grow in 2023, with a 14% increase
compared to the previous year. More than 5 700 new cases were opened in
2023, while more than 7 400 cases from previous years continued to receive +17%
+13%
+15%

5 710
legal, analytical, logistical and financial support from the Agency. 5 227
4 808
The high number of ongoing cases reflects the sustained assistance required 4 200
3 892
over years by many of the increasingly complex investigations Eurojust 3 317
supports. 7 454
5 297 6 317
3 912 4 599
3 337

New cases Ongoing from previous years Growth rate 2018 2019 2020 2021 2022 2023

1.3 Overview of cases involving Member State National Desks

Overview of cases in 2023 involving Member State National Desks

Participation in cases Participation in


Cases initiated by the National Desk
initiated by other Desks joint activities/meetings
MEMBER STATE
National Desk No. of countries involved Ongoing from Ongoing from Coordination
New in 2023 New in 2023 JITs Action days
2 3 or more previous years previous years meetings

Belgium 126 97 29 225 355 618 95 31 5

Bulgaria 142 130 12 156 205 322 21 6 4

Czech Republic 118 100 18 255 145 246 43 34 3

Germany 899 811 88 902 744 1238 170 56 16

Estonia 53 37 16 86 64 134 27 11 2

Ireland 18 17 1 119 102 213 12 9 1

Greece 312 309 3 739 129 220 11 4 1

Spain 425 373 52 341 572 1000 77 18 5

12 | EUROJUST ANNUAL REPORT 2023


Participation in cases Participation in
Cases initiated by the National Desk
initiated by other Desks joint activities/meetings
MEMBER STATE
National Desk No. of countries involved
Ongoing from Ongoing from Coordination
New in 2023 New in 2023 JITs Action days
previous years previous years meetings
2 3 or more

France 253 146 107 693 1113 1262 161 54 6

Croatia 68 65 3 30 116 169 6 0 0

Italy 602 500 102 645 420 677 101 55 10

Cyprus 99 98 1 149 65 213 8 0 4

Latvia 65 47 18 91 74 172 58 19 2

Lithuania 106 82 24 138 229 360 45 20 3

Luxembourg 13 10 3 72 77 192 10 1 1

Hungary 289 258 31 336 171 323 26 13 1

Malta 22 20 2 75 82 199 7 0 1

Netherlands 133 121 12 306 486 804 102 17 3

Austria 248 221 27 237 225 317 27 10 1

Poland 313 285 28 298 316 592 76 41 3

Portugal 160 150 10 153 177 238 32 7 2

Romania 224 191 33 168 316 358 68 39 3

Slovenia 265 234 31 146 66 115 8 3 2

Slovakia 97 93 4 132 110 220 30 15 1

Finland 75 68 7 101 47 107 24 13 0

Sweden 179 142 37 251 93 217 55 25 4

Denmark 54 47 7 101 56 157 11 11 1

TOTAL 5358 4652 706 6945 * * * * *

* These columns cannot be summed up, since more than one National Desk can be requested to participate in a single case, and coordination meetings, JITs and action days are often co-organised.
2. In focus in 2023
2.1 Eurojust’s judicial work on the war in Ukraine Because of the complexity of gathering evidence of core international crimes
(genocide, crimes against humanity and war crimes), it became clear that

M ore than two years since the full-scale invasion of Ukraine, the war
rages on with no clear end in sight. Serious violations of human rights
and international humanitarian law continue to be committed. The war
there was a need to amend Eurojust’s Regulation to allow it to preserve, store
and analyse such evidence. Following the adoption of the amendment in
record time, the Core International Crimes Evidence Database (CICED) started
has triggered an unprecedented reaction from the international judicial operations in February 2023.
community, with Eurojust’s work sitting at the heart of the EU’s judicial
response. In the same month, the European Commission President announced the
creation of the International Centre for the Prosecution of the Crime of
In March 2022, only three weeks after the start of the war, Eurojust helped to Aggression Against Ukraine (ICPA), which was launched at Eurojust in July
set up a joint investigation team (JIT) into alleged core international crimes 2023.
committed in Ukraine, in what is likely the fastest cross-border judicial
response in history.

Coordination of national investigations

Core International Crimes Guidance and training for


Evidence Database (CICED) judicial practitioners

International Centre for the Support to the EU


Prosecution of the Crime of Freeze and Seize
Aggression against Ukraine Task Force
(ICPA)
Joint investigation team into alleged
core international crimes committed in Ukraine

14 | EUROJUST ANNUAL REPORT 2023


Since March 2023, Eurojust has been actively participating in the EU Eurojust ensures that the work of the JIT remains aligned with the various
Freeze and Seize Task Force set up by the European Commission to ensure national Ukraine-related investigations currently ongoing in over 20 countries,
the effective implementation of EU sanctions against listed Russian and including 17 EU Member States. Since 2022, 24 cases have been opened at
Belarussian oligarchs across the European Union (EU). Eurojust by national authorities in 10 Member States and 2 third countries in
support of ongoing investigations related to war crimes and crimes against
Also since March 2023, the Agency has been co-chairing the national humanity following Russia’s invasion of Ukraine. Ukraine is involved in these
investigations workstream of the Ukraine Accountability Dialogue Group, cases through the Ukrainian Liaison Prosecutor at Eurojust.
together with the Ukrainian Prosecutor General’s Office.
(i) JIT developments in 2023
In addition to the above activities, Eurojust hosts the Genocide Network, A Memorandum of Understanding was signed with the United States on 3
whose unique expertise on the prosecution of core international crimes March, enabling practical arrangements for cooperation and the participation
continues to guide practitioners working on Ukraine-related investigations of US authorities in JIT coordination meetings.
through dedicated training sessions and publications.
Europol joined as a third participant on 10 October, following Eurojust and
the ICC. Europol provides analytical and forensic assistance and supports the
collection and analysis of data obtained from open sources, known as open-
Two years on since the start of the full-scale invasion of Ukraine, source intelligence (OSINT).
we know that the road to justice is long and difficult – but we are
determined to keep going, for as long as it takes. On 7 March 2023, the seven parties to the JIT amended the JIT agreement
to reflect the role of the ICPA. The amendments to the JIT agreement define
Ladislav Hamran, Eurojust President
Eurojust’s role in support of the ICPA.

During a coordination meeting in Vilnius, Lithuania on 13-14 April 2023,


the JIT’s members agreed to expand the JIT agreement to cover the crime of
Joint investigation team into alleged core international crimes genocide, allegedly committed in Ukraine. JIT members also welcomed the
committed in Ukraine U.S. Department of Justice’s pledge to second a prosecutor to the ICPA and
discussed the use of the ICPA to support its work.
The JIT, active since March 2022, consists of seven member countries
(Lithuania, Poland, Estonia, Latvia, Slovakia, Romania and Ukraine), and During 2023, while efforts to collect evidence continued, JIT members also
since 2023 also involves other partners, either as participants or via a dedicated time to setting priorities in their prosecutorial strategies and
Memorandum of Understanding (see below). The JIT aims to facilitate actively building cases. This work will result in more cases moving from the
investigations and prosecutions in the States concerned, as well as those investigation phase to the prosecution phase in the near future.
which could be referred to the International Criminal Court (ICC). The JIT
enables close cooperation between all involved parties and includes benefits On 29 February, JIT members agreed to prolong the JIT until March 2026. This
such as the swift exchange of evidence, quick and easy information sharing, extension demonstrates not only the benefits that this form of cooperation
and Eurojust’s legal, analytical, logistical and financial assistance. brings, but also the strong partnership and trust between the JIT parties who,
together with Eurojust, are determined to bring justice to Ukraine and its
people.

EUROJUST ANNUAL REPORT 2023 | 15


(ii) Support to the JIT in 2023 Centrally storing this evidence has many benefits, including the possibility
Throughout 2023, Eurojust and the JITs Network Secretariat continued to to provide prosecutors with a detailed analysis of all the available evidence
provide critical support to all JIT parties. Since the establishment of the JIT, to help them develop effective prosecution strategies. CICED allows Eurojust
Eurojust has organised more than 20 large-scale coordination meetings to strengthen the coordination of national and international investigations,
between all parties involved, providing technical and logistical support. The identify parallel investigations, and advise on investigation and prosecution
Agency has also assisted the JIT by preparing legal and analytical reports on strategies.
evidentiary and prosecutorial issues concerning core international crimes.
Since February 2023, CICED has received more than 2 000 files linked to
The JIT relies on the legal, analytical, financial, logistical, administrative and evidence related to war crimes in Ukraine from the national authorities of
operational support of Eurojust and the JITs Network Secretariat. During 14 countries. On this basis, Eurojust’s CICED team has started analysing the
2023, the JITs Network Secretariat played an active role in supporting the evidence and assisting with prosecutorial strategies and cases.
JIT, including by assisting the JIT parties with a range of legal issues, as well
as providing financial support and equipment to the JIT parties for secure
E STORAGE
communications. SECUR
In 2023, the JIT was awarded several grants amounting to approximately EUR
161 000. At the time of writing, the total amount awarded to the JIT since its AD
N
establishment in 2022 is EUR 323 000. This funding has covered the JIT’s

VA
SI
costs related to travel, accommodation, translation, interpretation, specialist

IS

NC
M
expertise and the purchase of low-value equipment.

ED
NS
TRA

AN
During 2023, the JIT was also awarded an additional loan for equipment

ALY
(laptops, phones and printers) for secure communication. The JITs Network

SAFE
Secretariat assisted with delivering the hardware to the JIT members and

SIS
providing access to a special application for encrypted communication. To
respond to the JIT’s specific needs, the JITs Network Secretariat has ensured
agile support through its standard and urgent funding procedures under its
2023 JITs Funding Programme.

Core International Crimes Evidence Database (CICED)

On 23 February 2023, one year after the full-scale invasion of Ukraine began,
Eurojust announced CICED’s start of operations. CICED is a unique, tailor-
made judicial database to preserve, store and analyse evidence of core
international crimes. CICED provides invaluable help to investigations related
to the war in Ukraine by handling various pieces of evidence in different
languages from multiple jurisdictions.

16 | EUROJUST ANNUAL REPORT 2023


The database consists of three components: safe transmission, secure Thanks to the ICPA, independent prosecutors from different countries are
storage and advanced analysis of submitted evidence. The safe transmission able to work together in the same location on a regular basis, exchange
component was implemented in December 2022, while the digital secure evidence quickly and efficiently, and coordinate a common investigative and
storage solution became available in July 2023. prosecution strategy. ICPA participants carry out their investigative activities
in accordance with their national criminal procedure laws.
The third component of the database was released in December 2023 and
includes tools to enable the analysis of structured data, including persons, While discussions about a possible special tribunal are ongoing, the ICPA
locations and dates. The new tool allows for relational and temporal analysis, is working to ensure that crimes are well documented and crucial evidence
and can also create graphical representations of the analytical data to visualise is not lost. The work of the ICPA will prepare and contribute to future
potential relationships. These developments allow for more complex and prosecutions of the crime of aggression. For this reason, translation of
targeted searches for evidence as well as enriched analysis. This analysis of evidence is being considered, including into Ukrainian and English, to
data is integrated into the structural and case bases analysis of the evidence ensure that it can be used in various jurisdictions.
in order to support national authorities and other stakeholders with their
investigations. The ICPA currently consists of participants from six countries: Ukraine,
Estonia, Latvia, Lithuania, Poland and Romania. Furthermore, the United
To prove the scale and systemic nature of Russia’s crimes in Ukraine, it is States has appointed a Special Prosecutor for the Crime of Aggression to
crucial that prosecution strategies rely on large sets of evidence. For this support the ICPA’s activities, and the Office of the Prosecutor of the ICC
reason, national authorities are encouraged to submit evidence to the has designated staff to participate in the ICPA. The Centre is funded by the
database in any format. European Commission’s Service for Foreign Policy Instruments (FPI). In
November 2023, Eurojust welcomed a financial contribution from the U.S.
Eurojust continues to further develop the database. The next phase of Department of State, via the European Commission’s FPI Service, in support
implementation planned for 2024 includes the automation of optical character of the ICPA’s work.
recognition (OCR) and translation, as well as making the evidence in CICED
available to Eurojust’s National Members.

International Centre for the Prosecution of the Crime of Aggression against


Ukraine (ICPA)

The ICPA is a unique coordination platform, launched at Eurojust in July


2023, to support national investigations into the crime of aggression related
to the war in Ukraine. Together with CICED, the ICPA is part of the support
structure the Agency provides to the joint investigation team on alleged core
international crimes committed in Ukraine.

EUROJUST ANNUAL REPORT 2023 | 17


Participants in the ICPA benefit from Eurojust’s tailor-made operational, On 9 November 2023, the Genocide Network held its fourth ad hoc meeting
technical, logistical and financial support. The Agency has a dedicated team of on the war in Ukraine. The online event fostered an interactive and practice-
legal experts to assist the ICPA participants in their work. This team ensures oriented approach to facilitate cooperation and exchange of information on
optimal synergy between the work of the ICPA and CICED. It is possible to the respective activities of national authorities and civil society organisations.
store evidence in CICED submitted for analysis by the ICPA participants’ Participants included national authorities from EU Member States, the United
national authorities. States, Canada, Switzerland, Norway and Ukraine, as well as Eurojust, Europol
and the ICC. As many as 20 civil society organisations from Ukraine, as well as
During 2023, ICPA participants made significant progress in determining the those working at the international level, joined the meeting. The meeting was
general approach to the investigative framework and principal components successful in building trust and cooperation between the national authorities
of cases on the crime of aggression. They also discussed the types of relevant and civil society organisations, resulting in bilateral contact and follow-up.
evidence to focus on and the coordination of ongoing investigative efforts
undertaken by individual ICPA participants at the national level. During the In October 2023, the Genocide Network published a paper entitled The crime
year, ICPA participants invited expert practitioners, legal scholars and other of aggression in the national laws of EU Member States, Genocide Network
judicial experts to share their knowledge and experience. Observer States and Ukraine. It briefly presents the historical evolution of
the crime of aggression under international law, examining how its main
The ICPA’s work continues, in close cooperation with the JIT and CICED, and components have been shaped from the aftermath of the Second World War
with the firm support of Eurojust. until the adoption of the 2010 Kampala amendments to the Rome Statute.
It also provides an overview of the national criminal laws of EU Member
Practical guidance and training for judicial practitioners States, Genocide Network Observer States and Ukraine and examines the
English translations of domestic provisions defining the crime of aggression,
The Genocide Network, hosted by Eurojust, provides expertise on the highlighting common features and main differences. This publication provides
investigation and prosecution of core international crimes to law enforcement valuable insights for practitioners currently working on crime of aggression
and judicial practitioners, including those working on Ukraine-related cases related to the war in Ukraine.
investigations. It does this by producing expert reports, bringing relevant
stakeholders together to exchange experiences, know-how and best practices, EU Freeze and Seize Task Force
as well as conducting training and capacity-building sessions.
In 2023, Eurojust continued to exercise its coordinating role in the EU ‘Freeze
On 5-7 June 2023, in the context of the ongoing conflict in Ukraine, the and Seize’ Task Force, established by the European Commission to ensure the
Genocide Network, the European Judicial Training Network and the efficient implementation of EU sanctions against listed Russian and Belarusian
International Nuremberg Principles Academy co-organised a joint three-day oligarchs across the European Union, in relation to the Russian invasion of
executive training in Nuremberg for judges and prosecutors on investigating Ukraine.
and prosecuting core international crimes. Judicial practitioners from across
the European Union as well as Ukrainian prosecutors attended the training. Eurojust continued to cross-check the list of individuals and companies
sanctioned by the EU against Eurojust’s data, identifying and confirming
The training was delivered by international and national expert practitioners, several new links. The Agency also supported cases of violation of EU
who adopted a practical approach, combining a focus on legal frameworks and sanctions and continued to collect relevant information at the national level
case-based exercises.

18 | EUROJUST ANNUAL REPORT 2023


on past and ongoing investigations related to persons on the sanctions list, to Ukraine Accountability Dialogue Group
facilitate criminal proceedings and to map out legal and practical obstacles
that may hinder the confiscation of assets owned or controlled by the listed The Ukraine Accountability Dialogue Group was launched by the Dutch
individuals and companies. Minister of Foreign Affairs at the United for Justice Conference in Lviv, Ukraine
in March 2023. The Dialogue Group is a coordination mechanism that offers
During Eurojust’s first ever meeting on Money Laundering and Asset Recovery countries, international organisations and stakeholders from civil society
in June 2023, issues related to the criminalisation of the violation of the a platform to discuss and align national and international accountability
Union’s restrictive measures were presented by the European Commission initiatives.
and discussed by the participants, with the input of Ukrainian practitioners.
Eurojust’s support to the EU Freeze and Seize Task Force since its inception Eurojust, together with the Ukrainian Prosecutor General’s Office, co-chairs
was also presented by the Agency’s Task Force Contact Point together with the the work stream on national investigations. The purpose of this work stream
Liaison Prosecutor for Ukraine at Eurojust. is to promote an understanding of key challenges in national investigations
into core international crimes and human rights violations and, where
In a meeting of the Task Force on 23 June 2023, Eurojust delivered a possible, to identify solutions.
presentation on the circumvention of EU sanctions via third countries. During
the year, Eurojust also participated regularly in the meetings of the Task During 2023, the work stream focused on evidence-related challenges of a
Force subgroup on the exchange of best practices on criminal investigations practical, cooperation-related, analytical and procedural nature. Eurojust has
and confiscation. In addition, Eurojust continued to participate in Operation encountered these various challenges in the context of the Dialogue Group as
Oscar, led by Europol, to support the freezing of criminal assets owned by EU- well as in its daily work in supporting national investigations. While progress
sanctioned individuals and entities and provide judicial cooperation support has been made, these and more challenges lie ahead. What is certain is that
to national authorities. only a shared commitment will ensure justice is done, through a global,
collective and well-coordinated effort.

2
See https://www.eurojust.europa.eu/news/support-dutch-action-against-violation-export-sanctions-russia-three-arrests

EUROJUST ANNUAL REPORT 2023 | 19


Two years on
A timeline of Eurojust's response to the war in Ukraine

1 June – Eurojust Regulation amended to include preservation,


analysis and storage of evidence at Eurojust relating to genocide,
crimes against humanity, war crimes and related criminal offences
13 October – Romania
becomes seventh JIT member
17 June – Eurojust publishes guidance
on JITs with third countries
17 October – Launch of
training sessions on prosecuting
24 February – Outbreak core international crimes for
of war in Ukraine 25 April – ICC joins JIT practitioners of JIT countries

March May September


2022
February April June October

2 March – First coordination meeting


on judicial cooperation initiated by
Lithuania, involving 31 countries
30 May – Estonia, Latvia and
11 March – Kick-off meeting of Slovakia become JIT members
the Freeze and Seize Task Force

21 September – Eurojust, the


Genocide Network and the ICC's Office
of the Prosecutor publish Guidelines
25 March – JIT agreement signed by for civil society organisations (receipt
authorities in Lithuania, Poland and Ukraine of European Ombudsman Award 2023)
to facilitate investigations into alleged core
international crimes in Ukraine

20 | EUROJUST ANNUAL REPORT 2023


3 March – National authorities
participating in JIT sign
Memorandum of Understanding
2 February – European with the United States
Commission President
announces International Centre 3 July – ICPA begins
for the Prosecution of the Crime 7 March – JIT agreement amended its operations at Eurojust
of Aggression in Ukraine (ICPA) to reflect role of ICPA during United
to be hosted at Eurojust for Justice Conference held in Lviv 15 November – Financial
7 July – G7 Justice ministers contribution from U.S. State
meeting in Tokyo welcome Department via the European
start of ICPA operations Commission, in support of ICPA’s work
February April October
2023 2024
March July November February
29 February
9 February – European Council JIT agreement extended
underlines support for ICPA until 25 March 2026
within Eurojust-supported JIT

13-14 April – JIT members 10 October – Europol


agree to also investigate becomes a JIT participant
alleged crimes of genocide

21 April – EU Commission
Vice-President Věra Jourová visits
23 February – Eurojust announces Eurojust to discuss work on Ukraine
launch of Core International Crimes
Evidence Database (CICED)
26 April – Eurojust’s work in support of Ukraine
presented at public hearing of the European Parliament

EUROJUST ANNUAL REPORT 2023 | 21


2.2 Eurojust’s progress towards digitalising criminal justice cross-matching with partners, the upcoming handling of requests from the
European Criminal Records Information System – Third Country Nationals
Legislative and operational developments requiring the and data from other EU systems.
digitalisation of justice
These operational and legislative developments are the driving forces behind

A ccess to justice and facilitating cooperation between Member States are


priorities for the EU to ensure freedom, security and justice. Access to
justice needs to be maintained and keep pace with digital developments. This
the creation of Eurojust’s Digital Criminal Justice (DCJ) Programme, which was
launched in June 2023.

is the impetus behind the 2021 proposal for a Regulation on the digitalisation Eurojust’s Digital Criminal Justice Programme
of judicial cooperation and access to just ice in cross-border civil, commercial
and criminal matters. It outlines the need to establish a decentralised IT Eurojust’s DCJ Programme steers the Agency’s implementation of
system comprising a network of national IT systems and interoperable access digitalisation requirements and related infrastructure, including the redesign
points. These systems should operate under the individual responsibility of of business processes, new technologies and change management. The vision
each Member State, Union institution, agency or body, enabling secure and of the DCJ Programme is to further strengthen operational efficiency and
reliable cross-border exchange of information. support to Eurojust’s National Desks, facilitated by a modernised CMS and
related systems.
The latest amendment to the Eurojust Regulation provides for the
development of a modernised Eurojust case management system (CMS) The programme’s objectives include:
and establishes this decentralised IT system as the default channel for
communication between Eurojust and the Member States. The amendment ` enhancing the support of Eurojust’s National Desks to national authorities
also reinforces the digital exchange of information in terrorism cases through in the fight against cross-border crime by streamlining operations, sharing
the Counter-Terrorism Register (CTR) and simplifies the cooperation with information and connecting cases;
third countries by providing an explicit legal basis for Eurojust’s Liaison
Prosecutors to access the CMS. ` supporting faster and closer collaboration between Eurojust, Member
States, partners and third countries;
The Regulation requires the CMS to be connected to a network of IT systems
and interoperable e-CODEX access points in the Member States. The ` enabling Eurojust’s National Desks and administration to adapt to working
Regulation provides for the semi-automated and structured transmission of with the modernised CMS and exploit of its full potential.
information from national registers to Eurojust. The Regulation defines access
to the CMS at the national level by the national correspondents for Eurojust, The programme is governed by representatives from the Agency’s College,
the national correspondents for issues relating to the competence of the EPPO National Desks, administration and the European Commission. This enables
and the national correspondents for Eurojust for terrorism matters. informed decision-making, effective stakeholder involvement and active
communication across the organisation.
In addition to these legislative developments, Eurojust’s tasks have been
evolving rapidly, incorporating new operational functions and resulting in a The programme will span several years and consist of various projects to
higher volume of information. Such information includes new types of data deliver a modernised CMS, related IT infrastructure and business processes.
processed at Eurojust, for example in relation to the CICED, the hit/no hit It will be implemented in a phased approach, with an operational CMS by the
end of 2025 as a first milestone.

22 | EUROJUST ANNUAL REPORT 2023


BENEFITS OF THE DIGITAL CRIMINAL JUSTICE PROGRAMME

Case Management Seamless collaboration Best use of new IT systems

Modernised CMS and related new IT systems Increased interoperability of systems Users ready to adapt to the new CMS and related systems

Better identification of links between cases Paperless exchange of information Time saved on administrative and repetitive tasks

Better quality/accuracy of data Better identification of coordination needs New skills and competencies developed

OBJECTIVES OF EUROJUST’S NEW CASE MANAGEMENT SYSTEM

INCREASE OPERATIONAL ENABLE CLOSE OPTIMISE THE USE OF ENSURE SUSTAIN AN ENVIRONMENT
EFFICIENCY COLLABORATION AVAILABLE INFORMATION, EASE OF USE WHICH IS TRUSTWORTHY &
& INTEROPERABILITY TOOLS AND OTHER COMPLIANT WITH (DATA)
RESOURCES REGULATIONS

Define Eurojust's future way Easily exchange and share Increase data quality to The new case management Personal and operational data
of working to meet information internally, and improve case link detection system is intuitive and adapted are processed according to the
growing demands between competent judicial and provide data to the to the needs of the applicable data protection
through digitalisation authorities and partners in right people National Desks standards
an effective way
The joint investigation team collaboration platform A working group composed of the European Commission, eu-LISA and the
JITs Network Secretariat was set up. The working group met numerous times
Another project related to the DCJ Programme is the JIT collaboration throughout 2023 and exchanged views on terminology, functionalities and
platform, currently under development and aimed at improved and more data exchanges from a non-technical point of view, covering all processes that
efficient JIT cooperation between countries. should be implemented in the future platform, including its modules, as well
as online tools already managed by the JITs Network Secretariat.
For years, JIT practitioners have been advocating for an online collaborative
environment that would enable secure electronic exchange of information and Furthermore, an advisory group was set up, chaired by eu-LISA and composed
evidence and secure electronic communication with other JIT members and of representatives from the EU Member States, the European Commission
participants. and the JITs Network Secretariat. The JITs Network Secretariat participated
in three meetings of the advisory group in 2023, with the aim of preparing
The Regulation (EU) 2023/969 establishing a collaboration platform to the business specification study and better understanding the needs of the
support the functioning of joint investigation teams entered into force on 6 collaboration platform’s stakeholders.
June 2023.
During the process, interviews were conducted and a questionnaire was sent
The purpose of the JITs collaboration platform is to facilitate the coordination to the JIT National Experts and JIT practitioners to gather feedback on their
and management of a JIT; the rapid and secure exchange and temporary needs and requirements to ensure the platform’s usefulness and suitability.
storage of operational data (including large files); and secure communications The business specification study was finalised in December 2023. Based on
between JIT members and participants. It will also contribute to the this, eu-LISA will work on implementing the technical aspects of the JITs
traceability of evidence exchange through logging and tracking mechanisms, collaboration platform in 2024, with a view to making it operational by
and it will streamline JIT evaluations by providing for a collaborative December 2025.
evaluation process. Use of the platform will be voluntary.

During 2023, the JITs Network Secretariat, hosted by Eurojust, worked


closely with the European Commission and its contractor to draft a business
specification study for the implementation of the Regulation.
3. Key crime areas
3.1 Overview of Eurojust-referred cases by crime type in 2023

Swindling and fraud 1 734 2 456

Drug trafficking 1 137 1 325

Money laundering 835 1 389

Mobile organised crime groups 483 517

Cybercrime 247 / 287

Migrant smuggling 172 / 253

Corruption 111 / 243

Trafficking in human beings 114 / 212 New cases Ongoing from previous years

Crimes against EU A single investigation can fall into several crime categories
113 / 179
financial interests (PIF)

Terrorism 70 / 135

Environmental crime 23 / 41

Intellectual property crime 23 / 31

Core international crimes 15 / 30

D uring 2023, Eurojust dealt with more than 13 000 cases across 13
categories of serious cross-border crime, ranging from cybercrime and
money laundering to trafficking in human beings and environmental crime.
Over 4 000 cases in total focused on swindling and fraud crimes, while more
than 2 400 cases dealt with drug trafficking and more than 2 200 cases with
money laundering.

The top three crime types handled by the Agency in 2023 continued to be In addition to supporting a large number of ongoing cases from previous years
swindling and fraud, drug trafficking and money laundering. Two thirds of all across all crime types, the number of new cases referred to Eurojust increased
cases that Eurojust worked on in 2023 involved one of these crime types. in almost all crime categories in 2023 compared to 2022.

EUROJUST ANNUAL REPORT 2023 | 25


A significantly higher number of new cases were referred to the Agency in 3.2 Terrorism
2023 compared to 2022 in the areas of environmental crime (64%) and
cybercrime (43%), although the overall number of cases referred to Eurojust
in the former category remains low. Likewise, in 2023, national authorities Terrorism, in all its forms and manifestations, is a key threat
requested Eurojust’s assistance in a higher number of new cases related to to the security and safety of EU Member States, as well as to
terrorism, migrant smuggling and corruption, with a 30% increase compared democratic values and the rule of law. The cross-border nature
to 2022. There was also an increase of around 20% in the number of new of terrorist networks and activities calls for enhanced sharing
cases handled by the Agency concerning money laundering, organised crime of information and coordination to ensure a robust judicial
and intellectual property crime.
response and bring perpetrators to justice.
Conversely, the number of new cases referred to Eurojust in 2023 concerning
trafficking in human beings decreased by 8% compared to 2022. Overall, • The threat of jihadist terrorism in the EU remains significant.
including ongoing cases from previous years, the Agency handled 5% fewer
human trafficking cases in 2023 than in 2022. The number of new human • The various profiles of perpetrators and potential victims of
trafficking cases referred to Eurojust has been decreasing consistently since violent right-wing extremism and terrorism bring additional
2020. challenges in effectively addressing the threat posed by
individuals and groups motivated by such ideologies.
The number of new core international crime cases referred to the Agency
also dropped in 2023 compared to the previous year. However, this should be • The internet, social media and the darknet continue to be
understood in light of the start of the full-scale war in Ukraine in 2022, when used to disseminate extremist and terrorist content, (self-)
the number of new core international crime cases referred to the Agency radicalise, incite and finance terrorist activities, and connect
more than tripled compared to the previous year. Therefore, considering with individuals and groups abroad.
both the ongoing cases from previous years and new cases, there was still
an overall increase of 10% in the number of core international crime cases
handled by Eurojust in 2023 compared to 2022. Moreover, comparing 2023 to
2021, before the start of the full-scale invasion of Ukraine, the number of new Operational support to terrorism cases
cases related to core international crimes has more than doubled, showing
significant growth in this area. Fighting terrorism remains an important pillar of Eurojust’s operational work.
In 2023, the Agency continued to support a large number of investigations and
prosecutions in EU Member States and third countries, with a 30% increase in
the number of newly registered cases in 2023 compared to 2022.

Eurojust’s assistance was sought to facilitate (urgent) European Investigation


Orders (EIOs) and European Arrest Warrants (EAWs), coordinate
investigations, exchange information, avoid ne bis in idem situations and plan
joint action days. The investigations and prosecutions coordinated by Eurojust

26 | EUROJUST ANNUAL REPORT 2023


concerned acts committed by terrorist groups, ` envisaging the use of handling codes to guide the possible further use and
cells and individuals related to (planned) sharing of the information;
terrorist attacks, terrorism financing, training ` determining the secure communication channels to be used for the
and/or recruitment for terrorism, public transmission of information.
TERRORISM CASES incitement or provocation to terrorism and
IN 2023 radicalisation.
205 CASES The recent attacks in Belgium and France confirm that the threat
(70 new cases, In some cases, in addition to terrorism,
135 ongoing from previous years) the investigations also addressed murder, of terrorism on European soil is still very much alive. Close coordination
kidnapping, money laundering, computer and early information sharing are crucial ingredients in the successful
9 fight against this heinous crime, and this is precisely what we expect to
JOINT INVESTIGATION TEAMS fraud, document forgery, illicit trafficking
(3 new JITs, 6 ongoing) achieve by reinforcing the Counter-Terrorism Register.
in arms, ammunition and explosives, drug
22 trafficking, human trafficking, racism, Ladislav Hamran, Eurojust President
CASE-SPECIFIC xenophobia or other organised criminal
COORDINATION MEETINGS activities.

Enhanced digital information exchange in terrorism cases The CTR helps identify links between judicial proceedings that are not known
to national authorities. The links between proceedings identified by Eurojust
On 31 October 2023, Regulation (EU) 2023/2131 amending Eurojust help national authorities to reveal the cross-border nature of terrorist cells
Regulation (EU) 2018/1727 as regards digital information exchange in and/or activities and better understand the connections to other serious
terrorism cases entered into force. As a result, the European Judicial Counter- crimes. Once a link is confirmed, national authorities may decide to follow
Terrorism Register (CTR) has been reinforced. The Register, which was up bilaterally or ask Eurojust for legal and operational assistance tailored
launched in 2019, aims to establish links between suspects and terrorist to the specific needs of each case. Eurojust may also take a proactive role in
networks and ongoing and past investigations across the EU. coordinating cross-border cases and act on its own initiative, as provided for
in the Eurojust Regulation.
The Regulation enhances Eurojust’s ability to detect links between counter-
terrorism investigations and prosecutions by: The Regulation contributes to the European Union’s digitalisation of
justice initiative (see chapter 2), and improves information exchange and
` clarifying the obligation of national authorities to inform the Agency of coordination, as outlined in the European Commission’s Counter-Terrorism
any ongoing or concluded criminal investigations, prosecutions, court Agenda.
proceedings or decisions on terrorist offences;
` defining the specific categories of data to be shared, including information
identifying the suspected, accused, convicted or acquitted natural/ Scan/click the QR code for more information
legal person, as well as information on the terrorist offence and national in the CTR leaflet, available in all EU languages
proceedings;
` setting out clear timelines for the initial transmission of information and
for subsequent updates;

EUROJUST ANNUAL REPORT 2023 | 27


EUROJUST REGULATION AMENDMENTS REINFORCING THE EUROPEAN The amendments to the Eurojust Regulation
JUDICIAL COUNTER-TERRORISM REGISTER – BENEFITS FOR MEMBER STATES regarding digital information exchange in terrorism
cases and the strengthening of the CTR were an
important point of discussion with participants
during the meeting.
Efficient sharing of information Efficient follow-up
Victims’ rights was another key issue. Participants
shared their national experiences with mass trials
Legal clarity on the essence and scope of the Proper integration of the CTR into the technical with a focus on victims’ rights, with particular
obligation to transmit information to Eurojust infrastructure of Eurojust reference to the trial concerning the terrorist
attacks in Paris and Saint-Denis in France in
Extended possibilities to detect links or ascertain November 2015 (see chapter 4 on victims’ rights
Uniform and coherent implementation by all
Member States
the identity of a suspect on the basis of a larger for more information). Victims should be protected
set of up-to-date information
and supported at all stages of the proceedings.
Consulting and coordinating with all stakeholders
Wider cross-checks of information from ongoing
Structured, organised, systematic, semi-automatic
and concluded proceedings for terrorist offences,
(including civil parties, defence lawyers, journalists
and secure transmission of information
as well as with proceedings in other crime areas and police forces) at an early stage is key to
establishing all necessary modalities before trial.
Continued compliance with data protection rules In light of the cross-border nature of terrorism,
and full respect for ownership and confidentiality Customised data retention period to enable
efficient link detection the measures taken by national authorities should
of information
also take into account the specific needs of foreign
victims. This can be facilitated by international
Tailor-made support and enhanced
Clear handling codes for sharing of information cooperation, including through the involvement of
coordination by Eurojust upon request
with other Member States
and at Eurojust's own initiative Eurojust.

International judicial cooperation is an effective tool


to support cross-border victims of terrorism and
other types of crime. Eurojust plays an important
role in facilitating and coordinating the cooperation
Insights from the 2023 Eurojust Meeting on Counter-Terrorism between involved countries to safeguard victims’ rights. EU Member States
and partner third countries are encouraged to seek Eurojust’s assistance to
In November 2023, Eurojust held its annual meeting on counter-terrorism. ensure the best possible protection and guarantee of victims’ rights in cross-
The meeting brought together the national correspondents for Eurojust for border cases.
terrorism matters, specialised prosecutors from both EU Member States and
non-EU States, as well as representatives of EU institutions and agencies and Interesting verdicts and best practices were also on the agenda. The
international organisations. successfully concluded judicial proceedings on the Cataluña terrorist attacks
in Spain in August 2017 were presented as a best practice. These proceedings

28 | EUROJUST ANNUAL REPORT 2023


benefited from the early involvement of Eurojust, the setting up of a joint
investigation team (JIT) through the Agency, and the effective use of EIOs and
MLA requests among more than 10 countries, including EU Member States
and third countries. Five right-wing terrorists arrested throughout
Europe with the support of Eurojust and Europol
The meeting also addressed the dissemination of terrorist content online.
The detection and referral of terrorist content is key in addressing the spread
of terrorist propaganda online. Tools and platforms have been put in place
to ensure efficient operational support so that law enforcement and judicial
authorities can successfully conduct counter-terrorism investigations and
prosecutions. CRIME: Members of a right-wing organisation use an online platform for
terrorism-related activities, including the dissemination of violent extremist
Hate speech and hate crime propaganda, the active recruitment of new members and the sharing of
manuals for 3D-printed weapons.

Eurojust’s coordination tools continued to be successfully used to support ACTION: The case is opened by Eurojust in July 2023 at the request of
national authorities in investigating and prosecuting hate speech and hate the Belgian authorities and is supported by Europol’s European Counter
crime. Eurojust facilitated the transmission and execution of EIOs, MLA Terrorism Centre (ECTC). Eurojust and Europol support the competent
requests and arrest warrants, and ensured efficient judicial coordination. authorities in Belgium, Croatia, Germany, Lithuania, Romania and Italy in an
international operation, including a joint action day on 9 November 2023.
The cases supported by Eurojust involved both EU Member States and third
countries and concerned alleged offences committed online and offline. RESULT: During the joint action day, five suspects are apprehended and an
Depending on the facts of each case, hate speech and hate crime were additional seven are interrogated. Data carriers and weapons are also seized.
investigated in relation to alleged terrorist offences, xenophobia and racism,
or other types of criminal offences. EUROJUST’S ROLE: The Agency hosts two coordination meetings to facilitate
judicial cooperation between the national authorities involved in the
investigation. Eurojust supports the action day, together with Europol, to
In 2023, Eurojust joined the High-Level Group on combatting hate speech enable real-time coordination.
and hate crime, as well as the dedicated EU working groups on reporting
and data collection, hate speech online and victim support. During the year,
Eurojust presented its work in support of hate crime investigations and
prosecutions during several events in the framework of the working groups
and participated in activities organised by the EU and UN.
For more Eurojust cases and the latest developments
in fighting drug trafficking, scan/click the QR code

EUROJUST ANNUAL REPORT 2023 | 29


3.3 Core international crimes National judicial authorities sought
the Agency’s assistance to facilitate the
establishment of JITs, the execution of
The crime of genocide, crimes against humanity and war crimes (urgent) EIOs and MLA requests, the hearing
CORE INTERNATIONAL of witnesses and the exchange of information
(known collectively as core international crimes), threaten the
CRIME CASES IN 2023 with third countries.
peace, security and well-being of our world. The escalation of
nearby conflicts in the European Union’s wider neighbourhood, 45 CASES
(15 new cases, Eurojust’s Core International Crimes Evidence
combined with the influx of refugees to the Member States in 30 ongoing from previous years) Database (CICED), which became operational
recent years, has left States struggling to manage a growing
5 in 2023, has been instrumental in enabling
number of challenging cross-border cases. the Agency to support national judicial
JOINT INVESTIGATION TEAMS
(2 new JITs, 3 ongoing) authorities in identifying evidence located
• In 2023, the number of investigations and prosecutions of core in another country that may be relevant to
20
international crimes opened before domestic jurisdictions of EU CASE-SPECIFIC their own investigation into one or more core
Member States continued to rise. COORDINATION MEETINGS international crimes.

• This growing trend reflects the increasing willingness and ability Advanced Workshop on international humanitarian law and counter-
of national authorities to play their part in the fight against terrorism
impunity.
In April 2023, the Genocide Network and the Eurojust Counter-Terrorism
• These cases, mostly based on extraterritorial and universal Working Group organised an Advanced Workshop on international
humanitarian law and counter-terrorism for national investigators and
jurisdiction, often represent the only hope for justice for victims
prosecutors. The workshop was designed around a fictitious case and focused
and survivors living in all corners of the world.
on interlinkages between the two areas of law, exploring potential legal issues
faced by investigators and prosecutors dealing with crimes committed during
armed conflicts involving terrorist organisations.
Operational support to core international crime (CIC) cases
33rd Genocide Network meeting on corporate criminal accountability for
The overall number of CIC cases handled by Eurojust increased once again core international crimes
in 2023, with a larger number of joint investigation teams supported by the
Agency. The 33rd Genocide Network meeting in April 2023 was dedicated to the
issue of corporate criminal accountability for core international crimes and
During 2023, Eurojust continued to support CIC investigations and associated challenges. Participants considered the general legal framework for
prosecutions related to the armed conflict in Syria and various other such liability in various Member States, recent cases, experiences and trends,
countries, in addition to Ukraine. Support was requested in cases concerning outstanding challenges, as well as expert views on how corporate liability can
all three categories of core international crimes (war crimes, crimes against be addressed using creative accountability avenues.
humanity and genocide), as well as related crimes.

30 | EUROJUST ANNUAL REPORT 2023


Suggested approaches to hold companies headquartered or operating participation of victims in criminal proceedings. In 2023, the EU Day Against
in the jurisdictions of Member States accountable as enablers of human Impunity was co-organised by the Swedish Presidency of the Council, the
rights violations or core international crimes were discussed. Investigating European Commission, Eurojust and the Genocide Network. This edition was
corporate crimes is complex and raises practical and legal challenges for dedicated to stepping up the fight against impunity with national, EU and
law enforcement and prosecution services, but new online and open-source global responses.
research tools can help investigators overcome some of these obstacles. Civil
society can also play an important role in support of corporate liability cases.

34th Genocide Network meeting on core international crimes committed by 23 May marks the EU Day Against Impunity, but the quest for
ISIL against the Yezidi community justice transcends national, continental and organisational boundaries.
Core international crime investigations take place in a fragmented
The 34th Genocide Network meeting in November 2023 focused on the and complex operational landscape, and that is where Eurojust’s
investigation and prosecution of core international crimes committed by contribution comes in. We pool expertise, gather evidence and ensure
ISIL against the Yezidi community in Iraq and Syria. With many ongoing cooperation between prosecutors and judges so that justice can be
investigations and prosecutions of crimes committed by EU nationals who delivered across borders.
joined ISIL, and with repatriations presenting possible new cases, the topic Ladislav Hamran, Eurojust President
proved highly relevant and timely. Participants discussed the complexity
involved in prosecuting the crime of genocide, including novel examples of
how to prove criminal intent.
The EU Day Against Impunity 2023 took place in Ljubljana as part of the MLA
Specific issues discussed include the prosecution of perpetrators and bringing Diplomatic Conference for the Adoption of the Convention on International
justice to Yezidi survivors, the relevance of the destruction of the Yezidi Cooperation in the Investigation and Prosecution of Genocide, Crimes
cultural and religious identity in the commission of genocide, strategies for Against Humanity, War Crimes and other International Crimes. The so-called
prosecuting sexual violence and slavery, the role of women within ISIS, judicial Ljubljana-The Hague Convention was adopted during the MLA Diplomatic
cooperation between national authorities and access to evidence. Conference and represents a landmark international treaty that will help
to deliver justice to victims of genocide, crimes against humanity and war
8th EU Day Against Impunity crimes. The Convention ensures strengthened international legal cooperation
and is expected to significantly reduce impunity for perpetrators of crimes.
In recent years, EU Member States have secured convictions for crimes
committed as far back as 40 years ago in places such as Syria, Afghanistan
or Rwanda. This demonstrates how universal jurisdiction has served as
a powerful tool in the fight against impunity for genocide, crimes against
humanity and war crimes.
The EU Day Against Impunity is an annual event that promotes national
investigations and prosecutions into genocide, crimes against humanity and
war crimes. It recognises the efforts of the European Union and Member
States to enforce international criminal law and addresses the position and

EUROJUST ANNUAL REPORT 2023 | 31


The Convention also foresees that State parties should establish The European Ombudsman Award for Good Administration 2023
extraterritorial jurisdiction over core international crimes when the alleged
offender is present on the State party’s territory. More information is available The Guidelines to help Civil Society Organisations document international
in the Genocide Network’s leaflet ‘At a Glance: Universal Jurisdiction in EU crimes and human rights violations for accountability purposes (jointly
Member States’, published on the occasion of the EU Day Against Impunity. developed by Eurojust, the Genocide Network and the Office of the Prosecutor
The leaflet provides an overview of the current state of universal jurisdiction of the International Criminal Court) were nominated for the European
in EU Member States’ legislations, and recent judgments from universal Ombudsman’s Award for Good Administration by the Slovak NGO, Human
jurisdiction cases illustrating this legal principle in practice. Rights League, in February 2023.

Scan/click the QR code


to access the publication The CSO Guidelines represent an outstanding example of a swift,
needs-based, timely and rapid institutional reaction to fill the need for
guidance, at the outbreak of the war, to ensure that information we
Application of the principle of legality, the right to a fair trial and other collect is gathered in a way to be used as evidence in future prosecutions
protected rights in core international crimes cases at the national and international level.

Alexandra Malangone, Human Rights League


This report published by the Genocide Network in October 2023 outlines
the most prominent cases in which the European Court of Human Rights
evaluated the application of Article 7 of the European Convention on Human
Rights (ECHR). The decisions presented in this report confirm that the
retroactive application of domestic criminal law is, in certain cases, possible On 28 June 2023, the Guidelines won the overall European Ombudsman
for war crimes, crimes against humanity and the crime of genocide. The report Award for Good Administration. The Guidelines also received a separate
also examines the application of universal jurisdiction regarding the right to a award in the category of ‘Excellence in Citizen-Oriented Delivery’.
fair trial and the duty of a state to investigate these crimes effectively, as well
as fair trial guarantees for the purpose of extradition. The winning Guidelines are the result of extensive cooperation and bring
together the expertise of Eurojust, the Genocide Network, the Office of the
The report offers national authorities comprehensive expertise and Prosecutor of the International Criminal Court, civil society organisations
encourages them to explore the legal possibility of conducting investigations (CSOs), national prosecutors and international partners. They empower
and subsequent prosecutions of core international crimes, even if the acts CSOs to effectively collect and preserve information on international crimes
in question were committed before the relevant provisions in their national and human rights violations, which may become admissible evidence in
legislation were implemented. court. Concrete guidance is given on how to document information, including
information collected on the ground during international conflicts, for the
purpose of supporting future national or international prosecutions.
Scan/click the QR code
to access the publication

32 | EUROJUST ANNUAL REPORT 2023


Around 1 000 copies of the Guidelines were printed in 2023 and distributed to
CSOs during several events and round tables. The authors are working on an
outreach strategy to ensure further dissemination of the Guidelines, including Belgium and Netherlands sign up to joint
several technical briefings that started in 2023 for specific regions where the investigation team targeting crimes against Yezidi
Guidelines will be particularly useful. The Guidelines are currently available in victims in Syria and Iraq
English, French, Spanish, Arabic and Ukrainian.

CRIME: During the armed conflict in Syria and Iraq, core international
crimes are committed by foreign terrorist fighters (FTFs) against the Yezidi
population.

ACTION: The JIT targeting crimes against Yezidi victims in Syria and Iraq is
extended. The JIT agreement, initially signed between Sweden and France
in October 2021, is extended to judicial and law enforcement authorities in
Belgium in October 2022 and the Netherlands in May 2023.

RESULT: The cooperation via the JIT leads to the identification of several
suspects and victims relevant to national investigations. One example is the
decision of the Stockholm District Court in March 2023 to issue a European
Arrest Warrant for a Swedish citizen suspected of aiding and abetting crimes
against humanity in Syria. In France, the identification of a Yezidi victim enables
charges of genocide and crimes against humanity to be added to an existing
case against a French jihadist couple. In the meantime, in Belgium, links have
From left to right: Matevž Pezdirc, Head of Genocide Network Secretariat, Emily O'Reilly, European Ombudsman, Cristiana Ribeiro,
been made with the French investigations, and witnesses and victims of
Investigations Coordinator, Office of Prosecutor, International Court Belgian FTFs have been identified and interviewed thanks to the exchange of
28 June 2023 - Brussels, Belgium - European Ombudsman 'Award for Good Administration' 2023. © Bernal Revert / BR&U
information within the JIT. In the Netherlands, an indictment has been issued
for the crime of slavery committed against a Yezidi victim. The case against the
accused, a Dutch citizen, is still pending in court.

EUROJUST’S ROLE: Eurojust assists in setting up the JIT and organises five
For more Eurojust cases and the latest developments in coordination meetings in 2023. The Agency also helps to determine possible
fighting core international crimes, scan/click the QR code conflicts of jurisdiction and avoid multiple interviews of the same victims. The
Genocide Network Secretariat, hosted by the Agency, also supports by sharing
knowledge, expertise and best practices between specialised Contact Points
during the 33rd Genocide Network meeting, dedicated to CICs committed by
ISIL against the Yezidi community.

EUROJUST ANNUAL REPORT 2023 | 33


3.4 Migrant smuggling Greece opened the largest number of migrant
smuggling cases at Eurojust during 2023,
followed by Hungary. Bulgaria and Germany
Migrant smuggling is a global criminal activity that often MIGRANT SMUGGLING are the European countries that were most
disrespects human life and impacts EU internal security in the CASES IN 2023 requested to participate in the Agency’s cross-
pursuit of profit. Smuggling networks, often part of organised border migrant smuggling cases in 2023, while
425 CASES
the United Kingdom and Serbia were the most
multinational criminal networks, frequently take advantage of (172 new cases,
253 ongoing from previous years) requested third countries to contribute to
migrants’ vulnerability, leading to violence, abuse, exploitation
international investigations in this area.
and loss of life. 18
JOINT INVESTIGATION TEAMS
(8 new JITs, 10 ongoing) During 2023, Eurojust continued to be actively
• In 2023, more than 280 000 irregular border crossings were involved in the EMPACT Operational Action
detected at the EU’s external borders3. 31
CASE-SPECIFIC Plan on Migrant Smuggling, ensuring the
COORDINATION MEETINGS judiciary’s perspective is represented. Eurojust
• More than 90% of the irregular migrants who reach the EU participates in nearly all operational actions in
1
arrive via smugglers4. COORDINATED ACTION DAY this area and co-leads 11 of them.

• Since 2014, over 60 000 migrants have lost their lives or gone Cooperation with the European Migrant Smuggling Centre (EMSC)
missing during smuggling operations5.
In 2023, Eurojust stepped up its close cooperation with the EMSC through
regular bilateral meetings and participation in the Europol Joint Liaison
Task Force on Migrant Smuggling and Trafficking in Human Beings. This
Operational support to migrant smuggling cases cooperation is important to ensure the judicial component of migrant
smuggling and human trafficking cases. As a result, the information flow and
In 2023, Eurojust dealt with the highest number of migrant smuggling operational cooperation between Eurojust and Europol significantly increased
cases and JITs in this area in the Agency’s history. Eurojust’s casework during 2023.
covered migrant smuggling cases from the Western, Central and Eastern
Mediterranean routes, the (North-) Eastern route, as well as the English Eurojust Annual Meeting on Migrant Smuggling
Channel.
In November 2023, Eurojust hosted its annual forum for judicial practitioners
Through its casework, the Agency continued to execute the roadmap for the active in the fight against migrant smuggling. The meeting brought together
implementation of the Renewed EU Action Plan against Migrant Smuggling more than 70 participants from Europe, the Middle East and Africa, and
(2021-2025), adopted by its College in December 2021. contributed to building mutual trust for judicial cooperation in this area.

3
Proposal for a Directive laying down minimum rules to prevent and counter the facilitation of unauthorised entry, transit and stay in the Union
4
Proposal for a Directive laying down minimum rules to prevent and counter the facilitation of unauthorised entry, transit and stay in the Union
5
The Project | Missing Migrants Project (iom.int)

34 | EUROJUST ANNUAL REPORT 2023


Participants discussed the European Commission’s legislative proposals of the subgroup is to create mutual trust, enhance cooperation and enable
on combatting migrant smuggling, as well as how to enforce UN sanctions personal contacts in each participating country. A kick-off meeting for the new
in migrant smuggling investigations. Challenges and best practices subgroup was held in the margins of the Eurojust Annual Meeting on Migrant
in cooperation with third countries were also discussed with judicial Smuggling in November 2023.
practitioners from the Western Balkans Criminal Justice Project, the EuroMed
Justice programme, the United Nations Office on Drugs and Crime, and the The EU’s strengthened legal framework and Global Alliance to Counter
West African Network of Central Authorities and Prosecutors. Eurojust’s Migrant Smuggling
migrant smuggling casework was another focal point of the meeting,
particularly from the perspective of the protection of victims’ rights in migrant In November 2023, the European Commission organised an international
smuggling cases. conference, attended by Eurojust’s President, to launch a Global Alliance
to Counter Migrant Smuggling. During the conference, proposals for new
The Migrant Smuggling Focus Group of Prosecutors and Investigative Judges legislation to prevent and tackle this global crime were presented, to which
Eurojust contributed.
The Migrant Smuggling Focus Group is an informal network of judicial
practitioners specialised in migrant smuggling from all EU Member States On this occasion, the Commission put forward a Proposal for a Directive laying
and some non-EU States. It serves as an important hub to regularly connect down minimum rules to prevent and counter the facilitation of unauthorised
national judicial actors working in this area. entry, transit and stay in the Union. This proposal has five key objectives,
including: effectively prosecuting organised criminal networks responsible
Throughout 2023, Eurojust actively supported the Focus Group by providing for migrant smuggling, harmonising penalties, expanding jurisdictional reach,
practitioners with quarterly newsletters on the latest developments in reinforcing Member States’ resources and capacities, and improving national
migrant smuggling investigations, based on the Agency’s casework. In data collection and reporting.
April 2023, an online workshop for Focus Group members was held about
challenges in judicial cooperation, based on a case study about a fictitious The European Commission also proposed a Regulation on enhancing police
cross-border migrant smuggling investigation requiring international judicial cooperation in relation to the prevention, detection and investigation of
cooperation. In July 2023, the Focus Group participated in a conference migrant smuggling and trafficking in human beings. This regulation aims to
in Sarajevo dedicated to the challenges and opportunities for combatting reinforce inter-agency cooperation in the fight against migrant smuggling and
migrant smuggling, with a focus on JITs between EU Member States and gives Eurojust an enhanced role within the European Centre Against Migrant
Western Balkan partners. Smuggling coordinated by Europol.

Members of the Focus Group provided expert input to Eurojust’s overview of


EU legislation on the Legal Definition of Migrant Smuggling and/or Facilitation
of Irregular Migration. This publication serves as a useful reference for judicial This legislation will allow Europol to work closer with EU agencies
practitioners working on migrant smuggling cases. Eurojust and Frontex, and with Member State authorities. Our proposal
will also allow for harsher penalties and a stricter definition of the crime
In July 2023, Eurojust launched a new subgroup of the Focus Group dedicated of migrant smuggling. We are stepping up the fight against migrant
smuggling and protecting people from falling into the hands of criminals.
to the Western Balkans. Members of the subgroup include EU Member
We are going after the smugglers, not the smuggled.
States bordering the region and most Western Balkan countries. The goal
Ylva Johansson, European Commissioner for Home Affairs
During the conference, the European Commission launched a call to action
for a Global Alliance to Counter Migrant Smuggling, involving EU institutions,
Eurojust and other EU agencies, Member States, partner countries,
international organisations and other stakeholders. A concerted and multi- 20 migrant smugglers sentenced to prison in
dimensional Global Alliance is crucial to jointly ensure prevention, response, Belgium with Eurojust support
protection and alternatives to irregular migration, including addressing the
root causes and facilitating legal pathways.

CRIME: A criminal network is suspected of smuggling up to 10 000 Vietnamese


nationals across the English Channel. Migrants are transported to the United
Kingdom in small motorised boats supplied from Germany.
Network smuggling hundreds of migrants to
Germany dismantled with Eurojust’s support ACTION: An international operation is carried out by authorities in several
countries, including Belgium, Germany, the Netherlands and the United
CRIME: An organised crime group is suspected of smuggling Kingdom, with the support of Eurojust and Europol. During the action day
more than 560 people to Germany and more than 300 on 5 July 2022, 39 people are arrested and over 50 searches are carried out
people to Romania. The criminals charge the migrants simultaneously in several countries.
between EUR 4 000 and EUR 10 000, depending on the route.
Migrants travelling by lorry are forced to hide among cargo Thanks to the intensive cooperation and exchange of information prior,
for several days in inhumane conditions, while others are during and following the joint operation, the authorities involved are able to
required to cross borders on foot to avoid official border deal a severe blow to one of the most significant crime groups involved in
checkpoints. Many migrants are forced to stay in unhygienic, overcrowded cross-Channel migrant smuggling.
temporary accommodation between the various parts of the journey.
EUROJUST’S ROLE: Eurojust supports the investigation and plays a key role in
ACTION: During a joint action day involving almost 200 officers, two suspects facilitating judicial cross-border cooperation between all parties involved. The
are taken into custody in Germany. Another nine individuals in Romania are Agency hosts four coordination meetings to prepare for the joint action day.
taken to hearings. Fifteen places are searched, eleven of which in Romania. During the joint operation, Eurojust sets up a coordination centre to enable
rapid cooperation between the judicial authorities.
RESULT: The law enforcement authorities in Germany, Romania and Serbia,
supported by Eurojust and Europol, successfully dismantle the organised crime
JUSTICE DONE: On 18 October 2023, the Belgian Court of Bruges sentences
group. The authorities seize luxury cars, cash, several mobile phones and other
20 suspects to prison terms ranging from 30 months to 11 years for their
evidence.
involvement in migrant smuggling. They are ordered to pay fines of up to
EUR 80 000.
EUROJUST’S ROLE: To uncover and dismantle the internationally operating
migrant smuggling network, Eurojust sets up a joint investigation team
between the German, Romanian and Serbian authorities.

For more Eurojust cases and the latest developments


in fighting migrant smuggling, scan/click the QR code

36 | EUROJUST ANNUAL REPORT 2023


3.5 Trafficking in human beings As in 2022, the number of overall cases and
JITs dedicated to this crime area once again
decreased. This may reflect the low number
Human trafficking is a serious crime and a grave violation of of prosecutions and convictions for human
fundamental rights. The war in Ukraine has further increased THB CASES IN 2023 trafficking at the national level, due to the
opportunities for traffickers to exploit vulnerable people fleeing complex nature of judicial cooperation in this
326 CASES area.
the aggression. Trafficking for the purpose of sexual exploitation (114 new cases,
remains the most prevalent form of exploitation in the EU, while 212 ongoing from previous years)
Eurojust actively encourages national
labour exploitation has increased in recent years but remains 39 authorities to refer more cases to the Agency to
underreported. JOINT INVESTIGATION TEAMS
identify or trigger parallel criminal proceedings
(11 new JITs, 28 ongoing)
in the European Union and beyond. Eurojust
• Over 7 000 people become victims of human trafficking in the 54 can assist with the coordination of such
EU every year6. CASE-SPECIFIC proceedings, the establishment of JITs, the
COORDINATION MEETINGS
successful prosecution of traffickers and the
• The annual cost of trafficking in human beings in the EU is protection of victims.
estimated at up to 2.7 billion EUR7.
The importance of digital evidence and financial investigations in human
• 87% of victims of trafficking for sexual exploitation are trafficking cases
women and girls, while 66% of victims of trafficking for labour
exploitation are men8. Digital evidence and financial investigations were the central topics discussed
at the second meeting of the Focus Group of prosecutors specialised in
human trafficking in June 2023. The establishment of the Focus Group
Operational support to human trafficking cases in 2021 was a key action of the EU Strategy on Combatting Trafficking in
Human Beings (2021-2025). The meeting focused on best practices based on
Eurojust continued to assist national authorities with more than 300 human investigations and prosecutions of complex human trafficking offences. The
trafficking cases in 2023. Around one third of the total number of cases EU Anti-Trafficking Coordinator underlined the need for a robust, coordinated
handled represent new cases referred to the Agency in 2023. criminal justice response to effectively tackle human trafficking cases.

Romania opened the highest number of trafficking in human beings cases at Participants discussed the internet as an enabler of human trafficking and
the Agency during 2023, followed by France and Spain. Italy and Romania are the importance of financial investigations for successful prosecutions and
the European countries that were most requested to participate in Eurojust’s convictions. In approximately 95% of human trafficking cases, prosecutors
cross-border migrant smuggling cases in 2023, while the United Kingdom was identify the internet or social media as facilitators of human trafficking.
the most requested third country to contribute to international investigations The shift of human trafficking into the digital space necessitates regular
in this area.

6
Proposal for a Directive on preventing and combatting trafficking in human beings and protecting victims
7
Proposal for a Directive on preventing and combatting trafficking in human beings and protecting victims
8
European Commission Report on the progress made in the fight against trafficking in human beings (Fourth Report)

EUROJUST ANNUAL REPORT 2023 | 37


monitoring of the internet and social media in all Member States. However, Eurojust contributed to the evaluation of the Directive based on the expertise
this poses challenges in terms of the large volume of data, the lack of time, gained through its casework. The Agency welcomes the expanded scope of
technical equipment and specialist knowledge. the EU’s Anti-trafficking Directive, which will now include forced marriage,
illegal adoption, exploitation of surrogacy and better support for victims.
Human trafficking is a crime mainly driven by the financial benefits for the Based on its operational experience and strategic input, Eurojust contributed
perpetrators. Prosecutors agree that human trafficking investigations should to the EU legislator’s decision to explicitly mention surrogacy in the Directive,
therefore cover the financial aspects, not only to allow for the confiscation as a potential type of exploitation, falling within the scope of the definition of
of assets and compensation of victims, but also to serve as evidence of the human trafficking.
exploitation and to help dismantle the criminal network.
The Directive is expected to be formally adopted by the European Parliament
and the Council in 2024. The new rules will come into force 20 days after their
publication in the EU Official Journal, and Member States will have 2 years to
The fight against human trafficking has long been a high priority implement the provisions.
at the EU level. It requires very close cooperation and coordination
across jurisdictions between key actors, including at the law enforcement
and judicial levels. Only through joint efforts, can we successfully
investigate, prosecute and convict traffickers as well as identify, assist
and support victims. I value the close cooperation with the EU Anti-
Trafficking Coordinator in supporting the networking of prosecutors
Action against criminal network dealing with human
specialised in this area.
trafficking, pimping and money laundering
Daniela Buruiana, Chair of the Eurojust Anti-Trafficking Working Group and Since 2017: An organised crime group (OCG) recruits
National Member for Romania young Romanian women, some of them minors, and
transports them to the United Kingdom and Ireland
where they are sexually exploited. The prostitution
European Parliament and Council agree on stronger rules to fight human service is advertised on dedicated escort websites and
trafficking takes place in rented apartments in various cities. It
generates large sums of money that are laundered
through banks and other money transfer services to conceal their illicit
During 2023, the European Parliament and the Council reviewed the origin.
European Commission’s proposed amendments to the Directive on preventing
and combatting trafficking in human beings and protecting victims. In December 2021 - The case is opened at Eurojust at the request of the
January 2024, they reached a political agreement on the proposed rules that Romanian authorities.
will provide law enforcement and judicial authorities with stronger tools to
January 2022 – November 2023 - Four coordination meetings are hosted
investigate and prosecute new forms of exploitation, including those taking by the Agency to facilitate judicial cooperation and provide support for the
place online. The new legislation will also make it mandatory in all Member coordinated investigative efforts.
States to punish those who knowingly use services provided by victims of
trafficking.

38 | EUROJUST ANNUAL REPORT 2023


May 2022 - A joint investigation team is set up between the Romanian,
Irish and UK authorities, supported and funded by Eurojust.
Human trafficking network dismantled in the
United Kingdom and Bulgaria
April 2023 - During a joint action day on 19 April 2023, 12 suspects are
charged in Romania, five of them are detained and four are put under
judicial control. 19 house searches are carried out, 17 in Romania and 2
in Ireland. During the house searches, laptops, mobile phones and cards
are seized. Six real estate properties, six premium and luxury vehicles and
over EUR 22 500 in cash are frozen. With the support of Eurojust, judicial
and law enforcement authorities in Romania, Ireland and the United
Kingdom successfully dismantle the criminal network.
November 2021 - The investigation into a human
September 2023 - The Romanian authorities issue an indictment for trafficking network begins in the United Kingdom (UK).
setting up an OCG, trafficking in human beings, pimping and money The suspects approach vulnerable Bulgarian women
laundering against 10 defendants (6 of whom are arrested and 4 of whom and transport them to the UK, where they are forced
are under judicial control). to engage in prostitution and drug dealing in London
and the surrounding area. The proceeds of the criminal
November 2023 - Eurojust hosts a coordination meeting dedicated to activities are laundered through businesses and assets
evaluating the JIT, and presenting the successful results including the in the UK and Bulgaria.
reintegration of victims. Thanks to international judicial cooperation,
victims are saved and provided safe shelter, as well as financial support. January 2022 - The case is opened at Eurojust at the request of the UK
authorities.

June 2022 - A joint investigation team is set up between the UK and


Bulgarian authorities, supported and funded by Eurojust.

January – March 2023 - Two coordination meetings on 9 January


2023 and 7 March 2023 are hosted by the Agency to facilitate judicial
For more Eurojust cases and the latest developments cooperation and to prepare for the joint action day. Key issues are
in fighting human trafficking, scan/click the QR code addressed, including the scope of the prosecution and jurisdiction. An
agreement is reached that jurisdiction to prosecute all persons will be
exercised in the United Kingdom.

April 2023 - During the joint action day on 26 April, nine suspects are
arrested. Eight house searches are carried out, four in each country.
Assets worth over EUR 1.1 million are seized, including cash, high-value
vehicles and property. Five victims are identified and brought to safety.

October 2023 – JUSTICE DONE: The case is brought to trial at Southwark


Crown Court and four defendants are given sentences ranging from six
months custody to more than five years imprisonment.

EUROJUST ANNUAL REPORT 2023 | 39


3.6 Drug trafficking During 2023, Germany initiated the largest
number of cross-border drug trafficking cases
at Eurojust, followed by Italy. In 2023, France
Drug trafficking is one of the most serious security threats facing DRUG TRAFFICKING was the country most requested to participate
Europe today. The situation is escalating, with an unprecedented CASES IN 2023 in cross-border drug trafficking cases at the
increase in illicit drugs available in Europe, particularly cocaine Agency, followed by Spain and the Netherlands.
2 462 CASES
from South America. The drug trade continues to be one of the (1 137 new cases,
1 325 ongoing from previous years) Cocaine and cannabis cases on the rise
main profit-generating activities of organised crime, estimated
to represent around one fifth of global crime proceeds9. 67
JOINT INVESTIGATION TEAMS Cannabis is the most commonly used illicit
(21 new JITs, 46 ongoing) drug in the European Union, with cocaine in
• 50% of the most threatening criminal networks active in the EU second place. The number of cannabis and
are involved in drug trafficking10. 105
CASE-SPECIFIC cocaine cases referred to Eurojust has been
COORDINATION MEETINGS steadily rising over the last five years, with a
• 50% of all homicides in Europe are directly connected to drug significant increase in cocaine cases in 2023.
7
trafficking11. COORDINATED ACTION DAYS
Large quantities of cocaine are trafficked
• 70% of drug seizures take place in EU ports .
12 through Europe’s seaports, which has led to
unprecedented availability of cocaine in the European Union and a growing
consumer market. Record quantities have been seized in the European Union
every year since 2017. Belgium, the Netherlands and Spain report the highest
Operational support to drug trafficking cases quantities seized, reflecting their importance as entry points for cocaine13.

Drug trafficking was once again one of the top two crime types dealt with by Eurojust has always dealt with a smaller number of heroin cases, but since
the Agency in 2023. Eurojust handled almost 2 500 cases, of which just under 2019 this number was steadily increasing. In 2023, however, Eurojust saw a
half were new cases opened in 2023 and just over half were ongoing cases dramatic drop in the number of heroin cases referred to the Agency. 2023 also
from previous years. saw a small decrease in the number of cases referred to Eurojust related to
synthetic or other types of drugs.
The number of drug trafficking cases addressed by the Agency continues
to increase, with more than double the number of cases registered in 2023
compared to 2020. The number of joint investigation teams and coordinated
action days dedicated to drug-related cases also increased in 2023 compared
to previous years.
9
EU Drug Markets: In-depth analysis | www.emcdda.europa.eu
10
Decoding the EU’s most threatening criminal networks
11
EU roadmap to fight drug trafficking and organised crime
12
EU roadmap to fight drug trafficking and organised crime
13
EU Drug Markets: In-depth analysis | www.emcdda.europa.eu

40 | EUROJUST ANNUAL REPORT 2023


Drug trafficking cases by drug type (2019–2023) Strengthening cooperation between European ports

2019 2020 2021 2022 2023 Total


Ports are crucial for the transport of goods across the EU and the proper
Trafficking in cocaine 174 219 303 423 526 1645 functioning of the single market. They contribute to around 75% of the
Trafficking in cannabis 144 174 333 456 478 1585 EU’s external trade volumes and 31% of the EU’s internal trade volumes14.
Trafficking in synthetic drugs 86 102 190 318 276 972
However, the strategic role of ports makes them vulnerable to drug smuggling
and exploitation by high-risk criminal networks.
Trafficking in other types of drugs 117 141 202 252 222 934

Trafficking in heroin 44 57 85 115 47 348 In April 2023, a high-level delegation of French magistrates from the Court of
Appeal in Aix-en-Provence visited Eurojust to discuss current trends in drug
EUR 25.6 billion worth of drugs seized in 2023 trafficking in ports with the Italian and Spanish judicial authorities. Following
an analysis of the increase in narcotics trafficking through the Port of
EUR 25.6 billion worth of drugs were seized during 2023 with the support Marseille, the General Public Prosecutor's Office of Aix-en-Provence initiated
of Eurojust – more than double the amount in 2022. Substantial amounts contact with their Italian and Spanish counterparts to strengthen cooperation
of cannabis, cocaine, heroin and synthetic drugs were seized, particularly in the Mediterranean ports.
at European ports, thanks in part to the Agency’s facilitation of judicial
cooperation. Following this first meeting, the French authorities plan to establish a task
force for Mediterranean ports, bringing together judicial and law enforcement
authorities to provide a stronger and more effective response to drug
trafficking. Moreover, in October 2023, the European Commission proposed to

€ 25.6 billion worth of drugs seized strengthen the resilience of ports through a European Ports Alliance, of which
Eurojust is now a member.

Encrypted communication as a facilitator of drug crime


Synthetic drugs:
73 041 kg cocaine - 793 912 kg amphetamines Criminal networks are highly skilled at communicating secretly and
- 7 822 003 pills concealing their plans, as shown by the dismantling of encrypted
communication tools such as EncroChat, Sky ECC and AN0M, which have led
to many arrests and seizures, thanks to the support of Eurojust and Europol.
218 397 kg cannabis 9 731 kg heroin A significant proportion of Eurojust drug trafficking cases in 2023 were
investigations linked to data coming from these encrypted communication
networks.

In addition to the illegal use of encrypted communications, Eurojust’s


casework illustrates that these high-risk criminal networks use corruption,
infiltrate the legal economy, commit acts of violence and run parallel
14
https://data.europa.eu/doi/10.2832/03796
underground financial systems to hide their assets from detection.

EUROJUST ANNUAL REPORT 2023 | 41


Increased cooperation with third countries During 2023, Eurojust actively contributed to the two drug-related
Operational Action Plans of EMPACT (the European Multidisciplinary Platform
Increasingly, drug trafficking investigations have a link to countries outside Against Criminal Threats) by representing the judicial cooperation perspective
of the EU and, more and more, judicial practitioners are turning to these in a significant number of operational actions.
countries for cooperation. During 2023, Eurojust witnessed a rise in the
number of requests for cooperation with third countries on drug trafficking The Agency also continued its strong cooperation with Europol, the European
cases. To enable this, Eurojust provided support through its Liaison Monitoring Centre for Drugs and Drug Addiction, the United Nations Office on
Prosecutors posted at the Agency. Thanks to their involvement, the Agency led Drugs and Crime (UNODC), the European Union Agency for Law Enforcement
a series of very successful drug trafficking operations in 2023. Training (CEPOL) and the Council of Europe to ensure effective alignment and
greater impact in this area.
Countries with a Liaison Prosecutor located at Eurojust15 received 708
requests to participate in cases related to different crime types in 2023. 172 New EU roadmap to fight drug trafficking and organised crime
of these requests were related to drug trafficking cases, and led to more
than 100 coordination meetings and almost 70 joint investigation teams. In October 2023, the European Commission presented a new EU roadmap
The United Kingdom, Serbia and Albania were the third countries most to fight drug trafficking and organised crime. The roadmap establishes four
requested to participate in drug-related cross-border investigations during priority areas: to strengthen the resilience of logistic hubs through a European
2023. The Agency dealt with an increasing number of cases involving other Ports Alliance, to dismantle criminal networks, to increase prevention efforts
third countries where Eurojust has Contact Points appointed by national and to strengthen cooperation with international partners. Eurojust is
authorities. highlighted as a main EU actor across these priorities in 6 of the 17 actions
listed.
Eurojust has recently published guidelines for judicial practitioners on
cooperation with third countries in drug trafficking cases. This practical guide Together with other EU bodies and Member States, Eurojust will continue to
highlights recurring issues and challenges in judicial cooperation on drug play a key role in strengthening law enforcement operations in ports, mapping
trafficking cases between EU Member States and countries with a Liaison the criminal networks that pose the biggest threats to society, facilitating
Prosecutor posted at Eurojust. digital and financial investigations, and boosting EU cooperation with
countries in Latin America and the Caribbean.
Eurojust’s contribution to fighting drug trafficking at EU level

Throughout the year, Eurojust continued to contribute to the implementation


of the EU Drugs Action Plan for 2021-2025. The Agency carried out its
casework in this area in line with the actions set out in the Council Roadmap
to combat drug trafficking, adopted in June 2022.

15
Albania, Georgia, Iceland, Moldova, Montenegro, North Macedonia, Norway, Serbia, Switzerland, Ukraine, United Kingdom, United States.

42 | EUROJUST ANNUAL REPORT 2023


Most wanted Hungarian drug criminals arrested
in Spain with Eurojust support
Crackdown on criminal network that produced
and distributed methamphetamine in Europe

CRIME: An organised crime group uses a Romanian company


to purchase raw materials and incorporate them into two
pharmaceutical products, 50 and 120 milligram tablets of
ephedrine and pseudoephedrine. They use a formula that
allows them to quickly extract these raw materials for the Between 2020 and 2021 - The suspects operate a professionally
production of methamphetamine in clandestine laboratories. equipped and automated cannabis plantation and processing facility in
Hungary.
Between January 2021 and February 2023, the members of the criminal
group organise the transport and delivery of 168 788 870 tablets containing May 2021 - The Hungarian authorities dismantle the facility. During the
ephedrine and pseudoephedrine, from which at least 4.7 tonnes of operation, the authorities seize 165 kg of marijuana and cocaine and
methamphetamine is produced and distributed in Europe. assets worth over HUF 380 million (EUR 983 700). The authorities identify
all 7 members of the criminal network responsible for importing 100 kg
ACTION: Between 26 February and 2 March 2023, joint action days are of marijuana and 10 kg of cocaine into Hungary on at least 10 occasions.
organised to dismantle the criminal group. 16 suspects are arrested in the Soon after the operation, two members are arrested, and the other five
Czech Republic, Poland, Romania and Slovakia, and over 3.3 million tablets are placed on Europol’s Europe’s Most Wanted list. Meanwhile, three
containing raw material for the production of the drug are seized. suspects flee to Spain.

In Poland, 3 184 500 pills containing ephedrine worth approximately EUR 840 18 July 2023 - The Hungarian authorities contact their Spanish
000 (PLN 4 012 470) and 121 776 pills containing pseudoephedrine are seized. counterparts to carry out a search of the suspects’ hideout, where they
Additionally, PLN 366 200 and EUR 177 215 are also seized. In Romania, are renting a house under false identities in the Spanish town of Calpe.
approximately 3 tonnes of raw materials, several batches of medicines and The authorities request assistance from Eurojust for the execution of an
approximately EUR 600 000 are seized. In the Czech Republic, EUR 148 163, EIO. On the same day, thanks to round-the-clock cooperation between
CZK 711 082 and PLN 22 433 are seized, while in Slovakia, EUR 1 129 220 are the National Desks of Hungary and Spain at Eurojust, the Hungarian
seized. authorities are able to issue an EIO.

EUROJUST’S ROLE: Eurojust supports the establishment of a joint 19 July 2023 - Just one day later, the EIO is executed in Spain. During the
investigation team between the countries involved in November 2022. The joint operation, the three suspects are arrested in Spain.
Agency hosts three coordination meetings to facilitate judicial cooperation
and support the coordinated investigative efforts.

JUSTICE DONE: During 2023, three of the five suspects prosecuted in


Slovakia are convicted. One suspect is sentenced to three years and six
months imprisonment and the forfeiture of the items recovered during For more Eurojust cases and the latest developments
the search. A second and third suspect are both sentenced to three years’ in fighting drug trafficking, scan/click the QR code
imprisonment with probation for three years, along with the obligation to
undergo psychological or psychiatric treatment, and required to forfeit items
recovered during the search.

EUROJUST ANNUAL REPORT 2023 | 43


3.7 Cybercrime In 2023, Eurojust’s cybercrime casework was
characterised by an increase in ransomware
attacks, which continue to pose a major
Cybercrime continues to grow and attracts criminals exploiting CYBERCRIME CASES challenge for judicial and law enforcement
new opportunities offered by modern technologies. The prime IN 2023 authorities.
threats to cybersecurity are ransomware, malware, social 534 CASES
engineering, threats against data, denial-of-service attacks, (247 new cases,
A key case in 2023 involved the dismantling
287 ongoing from previous years) of a ransomware group in Ukraine, whose
internet threats, information manipulation and interference, and
attacks affected over 1 800 victims in 71
supply chain attacks. 15
JOINT INVESTIGATION TEAMS countries, causing losses of several hundred
(5 new JITs, 10 ongoing) million euros. Another significant case involved
• 2023 witnessed a significant increase in both the variety and a major international operation against the
quantity of cyberattacks and their consequences, with the 80
CASE-SPECIFIC Ragnar Locker ransomware group, which
ongoing war of aggression against Ukraine continuing to COORDINATION MEETINGS has attacked 168 international companies
influence the cybersecurity landscape. worldwide since 2020. In both cases, the
5
COORDINATED ACTION DAYS operations were successful thanks to Eurojust’s
• Ransomware incidents surged in the first half of 2023 and facilitation of rapid cooperation between the
remain the most prominent threat to international companies, judicial authorities involved.
public sector organisations, critical infrastructure and essential
services. Operational and strategic work related to cases involving encrypted
communication platforms
• Social engineering attacks grew significantly in 2023 with
Encryption is used by criminal organisations to evade investigation and
the emergence of artificial intelligence (AI) and new types of
prosecution. Judicial and law enforcement authorities often depend on access
techniques, but phishing still remains the top attack vector16. to encrypted digital data to carry out their investigative work. It is therefore
crucial that digital data is gathered in a legal way so it can be admitted as
evidence in court. Eurojust follows operational and strategic developments in
this area by gathering and analysing relevant case-law for judicial authorities.
Operational support to cybercrime cases
In 2023, the Agency continued to provide Member States with crucial
In 2023, cybercrime was once again among the top five crime areas addressed assistance in cases related to encrypted communication platforms.
by the Agency. Eurojust handled more than 500 cybercrime-related cases in Since Eurojust’s support to the investigations related to the EncroChat
2023, with more than half representing new cases referred to the Agency. communication platform in 2020 and the Sky ECC communication platform in
2021, the Agency has dealt with thousands of ‘spin-off’ cases related to drugs
The number of cybercrime-focused joint investigation teams and coordinated and organised crime, involving 30 countries. Since April 2021, Eurojust’s
action days supported by Eurojust increased compared to 2022, while the
number of related coordination meetings almost doubled. 16
ENISA Threat Landscape 2023 – ENISA (europa.eu)

44 | EUROJUST ANNUAL REPORT 2023


French Desk has processed around RESULTS OF THE ENCROCHAT The report’s first section covers legislative developments in the area of
2 700 requests for mutual legal TAKE-DOWN AS OF JULY 2023 cybercrime, cyber-enabled crime and electronic evidence in 2022, including
assistance (MLA) and European adopted legislation (e.g. the Digital Services Act) as well as ongoing
Investigation Orders in ‘spin-off’ procedures (e.g. the Artificial Intelligence Act). The judicial analysis section
cases related to the decryption of 6 558 suspects arrested, presents summaries of court rulings from various EU Member States and
Sky ECC communications. Moreover, including 197 high value targets non-EU countries. In 2022, several European countries reported court
in February 2023, judicial and law rulings on the culpability of persons operating darknet marketplaces and
enforcement authorities in the the use of captured encrypted communication data. The third section covers
Netherlands and Germany, supported 7 134 years of
developments in data retention. In 2022, the Court of Justice of the European
by Eurojust, dismantled the Exclu imprisonment for those Union concluded three preliminary rulings, providing additional guidance
convicted
encrypted communication tool, on the implementation of (supranational) data retention rules in European
which had an estimated 3 000 users, countries. The final section is dedicated to the adoption of the EU legislation
including members of organised on European Production and Preservation Orders for electronic evidence in
crime groups. € 740 2023.
million in cash
During 2023, Eurojust contributed seized and € 154 million EU and international legislative developments on cybercrime
in assets/bank accounts frozen
to two expert meetings of the High-
Level Group on access to data for The adoption of EU legislation on electronic evidence in 2023 marked a
effective law enforcement, launched significant step forward for access to digital information in cross-border
Drugs seized:
by the European Commission in criminal investigations and prosecutions. The new legislation will bring
June 2023. The Group’s mission is to
propose recommendations for the
31 million pills,
ground-breaking changes to the process of cross-border gathering of
electronic evidence. The EU Electronic Evidence legislative package was
104 tonnes of cocaine,
further development of Union policies 163 tonnes of cannabis, adopted in July 2023 and will apply as of mid-2026. Eurojust, together with
to enhance and improve access to and 3 tonnes of heroine the European Judicial Network (EJN) and the European Judicial Cybercrime
data for the purpose of effective law Network (EJCN), contributed during the legislative process on the Electronic
enforcement. Evidence Regulation, by providing practitioners’ input on the European
971 vehicles and Production and Preservation Order certificates (EPOC and EPOC-PR) in annex
Cybercrime Judicial Monitor 271 estates/homes seized to the Regulation.

In June 2023, Eurojust and the The new legal powers created by the legislative package (Electronic Evidence
European Judicial Cybercrime 923 weapons, 2 1750
rounds of ammunition and
Regulation and Electronic Evidence Directive) and the Second Additional
Network published the eighth edition Protocol17 to the Council of Europe Convention on Cybercrime (Budapest
68 explosives seized
of their annual Cybercrime Judicial Convention18) will enable competent authorities to order the preservation
Monitor, distributed to judicial and
law enforcement authorities active
83 See also: https://www.eurojust.europa.eu/publication/second-additional-protocol-budapest-
17

boats and 40
in the fight against cybercrime and planes seized
convention-cybercrime
18
See also: https://www.eurojust.europa.eu/publication/budapest-convention-cybercrime-and-cross-
cyber-enabled crime. border-access-electronic-evidence

EUROJUST ANNUAL REPORT 2023 | 45


and production of electronic evidence directly from service providers, such as
telecom companies, located abroad. The unprecedented procedures envisaged Scan/click the QR code to watch this SIRIUS video explaining
by this legislation are intended to work faster and in a more flexible way than the new Electronic Evidence Regulation and its impact on the
the existing judicial cooperation instruments for the gathering of electronic cross-border data acquisition process for EU authorities
evidence (i.e. EIO and MLA processes), as well as bring legal clarity on the
process of gathering cross-border electronic evidence. Developments from the SIRIUS project on cross-border access to electronic
evidence
In September 2023, Eurojust and the Council of Europe co-organised a
workshop on international cooperation provisions of the Second Additional The SIRIUS project, co-implemented by Eurojust
Protocol to the Budapest Convention. Discussions focused on the expedited and Europol, is a central reference point in the EU
disclosure of stored computer data in an emergency, as well as emergency for knowledge sharing on cross-border access to
mutual assistance, including the enhanced role of 24/7 Points of Contact electronic evidence. It offers a variety of services,
established under the Budapest Convention.

 2023
such as guidelines, trainings and tools, to facilitate

2018
access to data held by service providers. SIRIUS
In December 2023, the European Parliament and the Council reached a

RY
serves a community of competent authorities from

SA
political agreement on the Artificial Intelligence Act, later endorsed by

ER
I
47 countries, representing all EU Member States and

V
N
AN

the European Parliament in March 2024. The EU's AI Act is the first-ever a growing number of third countries, as well as the
comprehensive legal framework on AI worldwide. By guaranteeing the European Public Prosecutor’s Office.
safety and fundamental rights of people and businesses, it will support
the development, deployment and take-up of trustworthy AI in the EU, In 2023, the SIRIUS project celebrated its fifth anniversary, marking its
fostering responsible innovation. The European Judicial Cybercrime Network, evolvement into a centre of excellence in the field of electronic evidence in
supported by Eurojust, discussed the misuse of AI by criminals during its 15th the EU. On this occasion, the project updated its web presence on Eurojust’s
plenary meeting in November 2023. The network will continue to follow the corporate website, which now features more than 20 legal and policy reviews
developments in this area closely to identify challenges and share knowledge on cross-border access to electronic evidence, made fully public for the first
with judicial practitioners via the network’s master classes for investigative time.
prosecutors and judges working in this area.
In March 2023, the SIRIUS project held its annual Advisory Board meeting at
Eurojust is closely monitoring all cyber-related legislative developments, Eurojust’s premises. Participants discussed the achievements of the project
including those in which it is not directly involved (such as the negotiations to date, as well as future plans for capacity building and further assistance
on the CLOUD Act19 or the UN Convention on Cybercrime), as they will have to competent EU authorities in the gathering of electronic evidence across
a considerable impact on the Agency’s operational and strategic work. The borders.
SIRIUS project on cross-border access to electronic evidence, co-led by
Eurojust, is developing knowledge products on the relevant legal instruments. The SIRIUS annual conference took place in November 2023 and was attended
It has and will continue to assist competent national authorities to navigate by over 900 participants, including representatives from law enforcement and
the increasingly complex legal framework and prepare them for the future judicial authorities from 38 countries, as well as 20 representatives of service
application of these legislative developments. providers. The conference tackled topics such as novel legal instruments
19
See also: https://www.eurojust.europa.eu/publication/cloud-act

46 | EUROJUST ANNUAL REPORT 2023


for obtaining electronic evidence across borders, challenges concerning the The challenges related to crypto assets were discussed in connection with
clash between authorities’ need for data versus data protection requirements, victim remediation in ransomware and laundering the proceeds of online
upholding content policies and respective privacy rights in the face of core criminal activity, with reference to the Market in Crypto Assets Regulation,
international crimes. which will become fully applicable in December 2024.

In December 2023, the SIRIUS EU Electronic Evidence Situation Report was In 2023, the Network continued to provide specialised training on cybercrime
jointly published by Eurojust, Europol and the European Judicial Network. and digital evidence to practitioners by hosting dedicated master classes
The report provides an overview of the EU’s electronic evidence landscape on how to obtain evidence from online service providers (in March and
through the lenses of law enforcement, the judiciary and service providers. October 2023), encrypted networks (in cooperation with the Western Balkans
From a law enforcement perspective, social media platforms, messaging Criminal Justice Project in June 2023) and ransomware (in December 2023).
apps and cryptocurrency exchanges are pivotal in investigations. While
formal training on electronic evidence has been provided to officers, gaps US-EU expert group on obtaining (e-)evidence
in familiarity with the new legislation remain, emphasising the need for
extensive training programmes. Judicial authorities face time-consuming In March 2023, Eurojust organised a second meeting of the US-EU expert
hurdles when accessing data from foreign service providers, highlighting the group on obtaining evidence via MLA from the United States (US). The aim
need for enhanced legal powers and EU-wide legislative efforts to regulate of the expert group is to facilitate the swifter execution of MLA requests for
data retention for the purposes of criminal investigations and proceedings. gathering evidence in the US. The meeting focused on the probable cause
Service providers, on the other hand, grapple with authenticating requests requirement in light of the case-law of the U.S. Supreme Court, and provided
and resource allocation, emphasising the benefits of centralising requests. case examples and tips on drafting requests to the US.

European Judicial Cybercrime Network developments In June 2023, Eurojust and US authorities organised a workshop focused
on the free speech clause of the First Amendment to the U.S. Constitution,
During 2023, Eurojust continued to work closely and provide support to including its implications on MLA requests submitted by foreign authorities
the European Judicial Cybercrime Network. The network consists of judicial to the US seeking electronic evidence, which generally require the US legal
authorities specialised in countering the challenges of cybercrime, cyber- process.
enabled crime and investigations in cyberspace.
In November 2023, a third meeting was organised to explain when an MLA
In June 2023, the network held its 14th plenary meeting. Participants request to the US is required in relation to witness/suspect interviews, and
discussed the challenges of the metaverse, joint investigation teams in which information is essential to include in such a request.
cybercrime, spontaneous information exchange in relation to Article 26 of the
Budapest Convention and cooperation with crypto asset service providers.

In November 2023, the Network held its 15th plenary meeting. Topics
discussed by participants included the criminal use of AI, obfuscation methods
including the use of crypto assets mixers, ransomware and issues related to
victims’ rights, as well as cybercrime prevention.

EUROJUST ANNUAL REPORT 2023 | 47


Online marketplace selling stolen account
Main administrator of iSpoof website sentenced credentials to criminals worldwide taken
to 13 years down in multi-country effort dubbed
Operation Cookie Monster

August 2021 - August 2022 - Around 10 million fraudulent calls are made CRIME: Since 2018, Genesis Market, a criminal marketplace accessible on the
globally via iSpoof, a website that allows criminals to impersonate trusted dark and clear web, sells packages of account access credentials – including
corporations to scam victims for financial gain. The website has 59,000 usernames and passwords for email, bank accounts and social media. The
registered users when it is shut down. credentials are stolen from malware-infected computers around the world
and then used by cybercriminals to commit cyber-enabled fraud.
October 2021 - The case is opened at Eurojust at the request of the UK
authorities. National authorities from 10 countries, including European ACTION: The U.S. FBI works with its law enforcement partners to identify
Union Member States and third countries, support the investigation. prolific users of Genesis Market who have purchased and used stolen access
credentials to commit fraud and other cybercrimes. The U.S. Department of
November 2021, September 2022 - Two coordination meetings are Justice also works with its judicial counterparts through Eurojust to ensure
hosted by Eurojust to coordinate the national investigations and prepare coordinated action. This effort results in hundreds of leads being sent by
for the joint action. the FBI to law enforcement partners in Australia, Canada, Denmark, France,
Germany, Italy, the Netherlands, Poland, Spain, Sweden and the United
6 November 2022 - The main administrator of the website is arrested. He Kingdom.
is believed to have made a profit of between GBP 1.7 million and GBP 1.9
million (over EUR 2 million) from running the iSpoof website. RESULT: On 4-5 April 2023, in a major coordinated action supported by
Eurojust and Europol, more than 100 suspects are arrested and 200 property
8 November 2022 - In an international coordinated action led by the UK searches are conducted in 13 countries. In addition, the infrastructure and
and supported by Eurojust and Europol, 142 users and administrators main domains of the criminal website are seized and taken down.
are arrested across the world. Judicial and law enforcement authorities
in Europe, Australia, the United States, Ukraine and Canada support the EUROJUST’S ROLE: Eurojust facilitates the cross-border judicial cooperation
operation. The website is taken offline and the servers are seized by US between the national authorities involved. The Agency hosts a coordination
and Ukrainian authorities. meeting in March 2023 to prepare for the joint action and a command centre
on 4 April 2023 to resolve legal issues arising during the parallel operations in
13 countries.
May 2023 – JUSTICE DONE: The main administrator of the website is
sentenced to 13 years and 4 months of imprisonment by Southwark Crown
Court in the United Kingdom.

For more Eurojust cases and the latest developments


in fighting cybercrime, scan/click the QR code

48 | EUROJUST ANNUAL REPORT 2023


3.8 Economic crime Eurojust facilitated a large number of
coordination meetings (128) and JITs (69)
related to swindling and fraud cases, as well as
Economic crimes pose a growing threat to the economy and SWINDLING & FRAUD 8 coordinated action days.
integrity of financial systems. These crimes include fraud, CASES IN 2023
money laundering, corruption and counterfeiting, and target Throughout the EU, thousands of victims
4 190 CASES are targeted by complex fraud schemes (e.g.
individuals, businesses and public institutions. (1 734 new cases,
2 456 ongoing from previous years) investment fraud and food fraud) instigated by
organised crime groups.
• Investment fraud (especially crypto investment) is among the 69
JOINT INVESTIGATION TEAMS
most common types of fraud, targeting millions of victims (17 new JITs, 52 ongoing) Protecting the financial interests of the EU
worldwide. within its mandate remains a priority for
128
CASE-SPECIFIC Eurojust. In 2023, the Agency achieved this in
• Almost 70% of criminal networks operating in the EU use COORDINATION MEETINGS cooperation with EPPO and other partners,
money laundering to fund their activities and conceal their by supporting ongoing investigations, and
8
assets. COORDINATED ACTION DAYS participating in EMPACT and Operation
SENTINEL (see below).
• Corruption is a key enabler of most criminal operations,
with 60% of the criminal networks operating in the EU using Fraud against NextGenerationEU recovery funds
corruptive methods to achieve their illicit objectives.
During 2023, Eurojust continued to actively support Operation SENTINEL,
an EU-wide operation launched in 2021 to ensure the lawful use of the
• The amount of assets confiscated from criminal networks by
NextGenerationEU recovery funds by detecting, investigating and prosecuting
judicial and law enforcement authorities remains below 2% of
cross-border criminal activities such as fraud and money laundering. Eurojust
the annual proceeds of organised crime20. continues to provide assistance whenever needed, in particular when cases
emerge for which the EPPO or competent national authorities seek Eurojust’s
assistance.

Swindling and fraud Investment fraud

In 2023, swindling and fraud remained the top crime type addressed by Defrauding victims via online trading platforms remains a trend in investment
Eurojust, with over 4 000 cases handled. The Agency dealt with a 15% fraud cases registered at Eurojust. Particularly complex and challenging, these
increase in new cases in 2023 compared to 2022, in addition to almost 2 500 multilateral investment fraud cases involve an increasing number of victims
ongoing cases from previous years. throughout the EU. Such cases benefit from cross-border judicial cooperation
facilitated by Eurojust on issues including the centralisation of proceedings
at the national and international levels, avoidance of possible conflict of
20
The Other Side of the Coin: An Analysis of Financial and Economic Crime | Europol (europa.eu) jurisdiction, priority to prosecute common suspects and victim compensation.

EUROJUST ANNUAL REPORT 2023 | 49


Directly linked to a case of investment fraud registered at Eurojust, the PIF Crime
Court of Justice of the European Union (CJEU) delivered its judgment (case
C-365/21) on ne bis in idem on 23 March 2023 (see also section 6.3). The In 2023, Eurojust dealt with almost 300 PIF-
CJEU noted that if a sentence is handed down solely on the basis of the acts PIF-RELATED CASES
related (crimes against the financial interests
of fraud committed against the injured parties residing in country A, and not IN 2023 of the EU) cases (some involving the EPPO),
on those that were detrimental to persons residing in country B, it cannot be which represents a 10% increase in the overall
concluded that the earlier decision in country A concerned the same acts as 292 CASES number of cases handled by the Agency in
(113 new cases,
those covered by the prosecution in country B. At most, that earlier decision 179 ongoing from previous years) 2022. In addition to supporting 3 ongoing JITs
might be considered to have concerned similar acts, which, however, is not in this area, Eurojust also assisted 3 new JITs
6 opened in 2023, as well as 16 coordination
sufficient for the ‘idem’ condition to be regarded as being satisfied. JOINT INVESTIGATION TEAMS
(3 new JITs, 3 ongoing) meetings and 1 action day.
Missing Trader Intra-Community (MTIC) fraud
16 In May 2023, Eurojust’s President was invited
CASE-SPECIFIC
MTIC fraud is detrimental to the EU and national budgets, as well as complex COORDINATION MEETINGS by the European Commission to provide input
to successfully investigate, prosecute and convict. Tackling this type of fraud regarding PIF crimes committed in Ukraine,
1 during its high-level meeting on the ‘European
is one of the aims of the fraud, economic and financial crimes priority of COORDINATED ACTION DAY
EMPACT 2022-2025 in the fight against serious and organised crime. anti-fraud architecture’. Following the
meeting, Eurojust contributed to the European
Eurojust continued to be co-leader of the EMPACT Operational Activity on Commission’s concept note on the ‘prevention and fight against fraud
MTIC fraud during 2023, aimed at fostering the multidisciplinary cooperation concerning EU funds to Ukraine and on the cooperation between the EPPO,
and exchange of knowledge and experience among practitioners. The Swedish Eurojust, Europol and OLAF in this context’.
Economic Crime Authority and Europol continued to co-lead this activity with
the Agency, while the Finnish Customs Department joined as co-leader in As a follow-up to these developments, in October and December 2023,
2023. Eurojust attended the European Commission’s meetings on ‘EU anti-fraud in
Ukraine’. Eurojust contributed to the establishment of a hit/no hit pilot project
During 2023, two key meetings took place. The first meeting took place in on the Ukraine Facility, a dedicated instrument that will allow the EU to
April in Sweden and was attended by a group of dedicated MTIC specialists provide Ukraine with up to EUR 50 billion in stable and predictable financial
from 13 Member States as well as OLAF and EPPO. The second meeting support over the period 2024-2027.
took place in October in Finland and brought together experts from tax,
customs, police and prosecution authorities from over 29 countries, as well
as specialists at the EU level from the EPPO and the European Commission's
Directorate-General for Taxation and Customs Union. Both meetings were
instrumental in discussing cases, sharing experiences and developing joint
strategies. They also led to over 10 additional EU countries officially joining
the Eurojust-led EMPACT MTIC fraud operational activities in 2024/25.

50 | EUROJUST ANNUAL REPORT 2023


Money laundering High-level meeting on money laundering and asset recovery at Eurojust

As in previous years, money laundering In June 2023, Eurojust organised its first-ever major meeting of high-level
MONEY LAUNDERING
featured among the top three crime types experts on money laundering and asset recovery. The meeting brought
CASES IN 2023 addressed by the Agency in 2023. 20% more together a broad group of specialists to develop a common approach to take
money laundering cases were opened at the on the increasing crime of money laundering and to improve asset recovery.
2 224 CASES Agency in 2023 compared to 2022. Eurojust Participants expressed strong support to set up a dedicated focus group on
(835 new cases,
1 389 ongoing from previous years) saw an increase in the use of all of its judicial money laundering and asset recovery, to be organised by Eurojust. The aim of
tools and services in this area, including this group would be to increase national and cross-border inter-institutional
69 JITs, coordination meetings and action days, cooperation between the judiciary, law enforcement and other actors involved
JOINT INVESTIGATION TEAMS
(16 new JITs, 53 ongoing) compared to the previous year. in the fight against money laundering and the recovery of criminally gained
assets, in order to increase efficiency.
136 The fight against money laundering continues
CASE-SPECIFIC
COORDINATION MEETINGS to be essential to deny criminals the incentive EU anti-money laundering package
to commit crimes and bring them to justice.
6 Money laundering poses a serious threat to the During 2023, progress was made on the European Commission’s package of
COORDINATED ACTION DAYS
integrity of the European Union’s economy and legislative proposals to strengthen the EU’s rules on anti-money laundering
financial system and the security of its citizens. and countering the financing of terrorism.
It is mostly a transnational offence that requires a coordinated response
across multiple jurisdictions. In December 2023, the Council and the Parliament reached a provisional
agreement on the Regulation establishing the Anti-Money Laundering
Some recurring issues addressed in Eurojust’s casework in 2023 concerned Authority (AMLA), with the exception of its seat. The new European authority
dual criminality and predicate offence, the identification of beneficial aims to protect EU citizens and the EU's financial system against money
ownership, evidentiary issues linked with specific money laundering schemes laundering and terrorist financing. Eurojust was consulted by the co-
(e.g. money laundering as a service), asset recovery and cryptocurrencies. legislators on the content of the Regulation, and provided feedback grounded
in its casework.
Throughout the year, Eurojust continued to support and cooperate with
national authorities, third countries and EU and international partners in The AMLA will have direct and indirect supervisory powers over high-risk
numerous money laundering-related events. Among other events, in February obliged entities (such as financial institutions, banks and real estate agencies)
2023, the Agency presented the findings of the Eurojust Report on Money in the financial sector. Under the terms of the Regulation, the AMLA will
Laundering at the European Commission’s meeting on the EU Strategy to share the results of financial intelligence analyses with Eurojust to enable the
tackle Organised Crime and contributed to the ERA Annual Conference on Agency to exercise its competence. The Regulation envisages the possibility of
White Collar Crime in March in Trier. establishing a general working arrangement between Eurojust and the AMLA
and a specific working arrangement to exchange operational and strategic
information on money laundering and terrorism financing. These working
arrangements would permit the Agency and Authority to post liaison officers
at each other’s premises.

EUROJUST ANNUAL REPORT 2023 | 51


The Regulation on transfer of funds was adopted in May 2023. Traceability EU Directive on asset recovery and confiscation
of money transfers is a crucial factor in enabling national authorities to
effectively prevent, detect and investigate and, where necessary, impose In December 2023, the Council and the European Parliament reached a
restrictive measures in cases of money laundering and terrorism financing. political agreement on the EU Directive on asset recovery and confiscation.
Adding crypto asset service providers to the scope of the existing Regulation The new Directive sets out EU-wide minimum rules on the tracing,
will close loopholes in the financial system that allow criminals to use crypto identification, freezing, confiscation and management of criminal property. It
assets to disguise the origin of illicit funds. aims to boost Member States’ capacities to fight organised crime. It will limit
the capacity of criminals to maintain and expand their criminal activities, as
The European Commission’s anti-money laundering package also includes well as engage in corruption and infiltrate the economy by investing illegal
proposals for a new Regulation on anti-money-laundering requirements for gains. The proposed rules will also cover the violation of restrictive measures,
the private sector and a new directive on anti-money-laundering mechanisms. ensuring the effective tracing, freezing, management and confiscation of
Negotiations on both proposals are ongoing. benefits derived from violating sanctions.

Asset recovery In a first for many Member States, a new rule on the confiscation of
unexplained wealth will, under certain conditions, allow the confiscation of
Organised crime groups generate substantial profits from various criminal property identified in the context of an investigation in relation to criminal
activities, and the proceeds of crime are laundered and re-injected into the offences. This confiscation will be permitted only if a national court is satisfied
legal economy. Depriving criminals of the proceeds of crime is an essential that the identified property is derived from criminal activities committed
part of disrupting organised crime. Against this backdrop, the confiscation within the framework of a criminal organisation, and that those activities have
and recovery of criminal assets is a very effective way to fight organised crime. generated substantial economic gains. The agreement pays special attention
Moreover, confiscation acts as a powerful deterrent by strengthening the to procedural safeguards. Member States will also be required to designate
notion that ‘crime does not pay’. Eurojust has built up substantial institutional authorities (asset management offices) to manage the frozen or confiscated
knowledge of solutions and best practices that can significantly improve the property.
effectiveness of investigations, prosecutions and ultimately the recovery of
criminal proceeds. Eurojust was invited by the European Commission to provide input to the
proposal of this new Directive, based on its operational casework. This
During 2023, the Agency continued to support national authorities, notably in legal instrument will have a significant impact on the Agency’s casework as
the practical application of the Regulation on Mutual Recognition of Freezing Eurojust provides support to national authorities in all stages of the asset
and Confiscation Orders. Some issues addressed in Eurojust’s casework in recovery process, from tracing, freezing and confiscation to recovery.
2023 concern inter alia the direct applicability of the Regulation, the scope
of the Regulation, restitution to victims, exceptional costs and concurrent
certificates.
Corruption The proposal is part of a wider legislative package from the Commission,
including a which establishes a new EU Network Against Corruption,
In 2023, Eurojust supported 354 corruption bringing together law enforcement, public authorities, practitioners, civil
cases, including more than 100 cases newly society and other stakeholders to act as a catalyst for prevention and to
CORRUPTION CASES referred to the Agency during the year. The develop best practices and practical guidance. Eurojust is a member of the
IN 2023 number of newly opened cases in 2023 network and participated in its first meeting in Brussels in September 2023
354 CASES increased by almost 30% compared to 2022. to discuss how to maximise the coherence and impact of European anti-
(111 new cases, corruption policies. The Commission’s communication highlights Eurojust’s
243 ongoing from previous years) Eurojust continued to support six ongoing role as being central to fostering cooperation between Member States in the
8 JITs related to corruption cases from previous fight against corruption.
JOINT INVESTIGATION TEAMS years, as well as two new JITs opened in 2023.
(2 new JITs, 6 ongoing) The Agency provided its expertise and services Euro counterfeiting
13 to facilitate a series of coordination meetings in
CASE-SPECIFIC support of these cases. During 2023, Eurojust participated in six operational actions relevant to
COORDINATION MEETINGS currency counterfeiting within the EMPACT Operational Action Plan on ‘IP
In July 2023, Eurojust presented its corruption rights crime, counterfeiting of goods and currencies’.
casework during an expert hearing on the EU’s anti-corruption legislative
framework organised by the European Economic and Social Committee to Moreover, in 2023, Eurojust started participating in the work of the Euro
inform the Committee’s opinion on the current legislative proposal on the Counterfeiting Experts Group – a platform of experts from Member States and
Directive on combatting corruption (see below). relevant EU institutions and agencies set up by the European Commission
Directorate-General for Economic and Financial Affairs. For the Agency,
EU Directive on combatting corruption the group serves as an important platform to promote Eurojust’s tools and
services to help combat euro counterfeiting and to exchange with relevant
In May 2023, the European Commission tabled a proposal for a Directive on experts on the latest developments in the field.
combatting corruption, which represents a milestone in the fight against this
crime at the national and EU levels. Eurojust contributed to the proposal, In April-May 2023, Eurojust supported a study, at the request of the European
which references the Agency’s important role in countering corruption and Commission Directorate-General for Economic and Financial Affairs,
cites the Eurojust report on corruption. conducted by RAND Europe on movie money, prop copies and other altered
design banknotes. The aim of the study was to assess the impact of this
The Directive envisages one legal act for all corruption offences and sanctions. phenomenon on the security of the euro and other currencies, also examining
The set of measures proposed includes new and strengthened rules the existing judicial approaches and challenges in prosecuting this crime in
criminalising corruption offences and harmonising penalties across the EU. Member States. Eurojust, through its Contact Point for euro counterfeiting and
Member States will have to ensure that law enforcement and prosecutors have its National Desks, enabled the study’s research team to reach out to relevant
the appropriate investigative tools to fight corruption and that privileges and prosecutors and judiciary in selected Member States.
immunity can be waived during corruption investigations.

EUROJUST ANNUAL REPORT 2023 | 53


Takedown of fraudulent cryptocurrency network in 33 arrests in action against globally active money
Bulgaria, Cyprus and Serbia laundering network

2021 - A criminal network is responsible for setting CRIME: An organised crime group launders the proceeds from drug trafficking
up call centres that defraud numerous victims in via a global network active in China, Turkey and the United States and
Germany, Switzerland, Austria, Australia and Canada elsewhere. The group uses a money laundering service known as the ‘Black
of at least tens of millions of euros. Investigations Market Peso Exchange’, in which payment for South American drugs are
into the cryptocurrency fraud network operating from processed through an elaborate trading scheme. Profits from drug sales in
Serbia, Bulgaria and Cyprus are launched by the Public Europe are transferred to electronics companies, which use the money to
Prosecutor’s Office in Stuttgart and the State Office of order goods. These goods are shipped to the United States before being
Criminal Investigations of Baden-Württemberg in Germany. transported to Colombia, where they are sold. This enables the South
American cartels to receive cash as a veiled payment for the drugs they
November 2022 - The case is opened at Eurojust. The Agency organises a provide to European markets.
coordination meeting during which it is decided to establish a JIT between
Germany and Serbia to prepare for a joint operation. Eurojust provides ACTION: A joint action day against the organised crime group suspected
judicial, logistical and financial support to the JIT. of large-scale money laundering is managed in real time from Eurojust’s
dedicated coordination centre.
January 2023 - During a first action day, four call centres and 18 places
are searched, and over 250 workplaces are identified in Serbia, Bulgaria, RESULT: During the action day, supported by Eurojust and Europol, 31
Cyprus and Germany. Fourteen persons are arrested in Serbia and suspects are arrested in Italy. Two European Arrest Warrants are executed in
one in Germany. More than 250 persons are interviewed and over 150 Spain, with one person being arrested and a second person, already serving a
computers, various electronic equipment and data back-ups, three cars, jail term, being notified.
two luxury apartments, one million US dollars in cryptocurrencies and
EUR 50 000 in cash are seized. EUROJUST’S ROLE: Eurojust assists the investigations by organising three
coordination meetings as well as the coordination centre from which the joint
February 2023 - Eurojust organises a coordination centre with Germany, operation is led during the action day.
Bulgaria, Cyprus and Serbia to facilitate a second joint action day. During
the second action day, a further 16 suspects are arrested across Serbia
for alleged computer fraud, money laundering and criminal alliance.
Sixteen places are additionally searched and at least EUR 130 000 in cash
and several cryptocurrency accounts and vehicles are seized.
For more Eurojust cases and the latest developments
in fighting economic crime, scan/click the QR code

54 | EUROJUST ANNUAL REPORT 2023


3.9 Environmental crime In view of the scale of the problem and the
low number of cases the Agency deals with
compared to other crime areas, national
Environmental crime endangers entire ecosystems and poses a ENVIRONMENTAL CRIME authorities are strongly encouraged to engage
serious threat to human health. It is one of the most profitable CASES IN 2023 more actively in cross-border environmental
forms of illegal activity in the world. crime investigations and prosecutions. The
69 CASES Council of the European Union has urged
(23 new cases,
46 ongoing from previous years) Member States to participate in the work
• Since 2016, environmental crime has been the fourth-largest
carried out at the EU and international levels to
criminal activity globally, growing at a rate of between 5% and 4
JOINT INVESTIGATION TEAMS enhance cooperation in tackling environmental
7% per year21. (all ongoing from previous years) crime, including via cooperation through
Eurojust23.
• In many countries, light sanctions for environmental crimes, 6
CASE-SPECIFIC
alongside limited efforts to follow and remove the profits, make COORDINATION MEETINGS Within the EMPACT Environmental Crime
it a safe source of income for criminals22. Operational Action Plan 2023, Eurojust was a
1
COORDINATED ACTION DAY participant of the operational actions on waste,
• The number of environmental crime investigations and cooperation with Asia and training organised
prosecutions at the national and European levels remains low by the CEPOL. Eurojust also actively supported
compared to other crime areas. the operational actions on financial investigations and glass eel trafficking.
In September 2023, the Agency hosted an operational meeting on the illegal
trafficking in glass eels, marking the first ever EMPACT Environmental Crime
meeting organised at the Agency.
Operational support to environmental crime cases
Consultative Forum of Prosecutors General of EU Member States
Although there was a 64% increase in the number of new environmental
crime cases referred to Eurojust in 2023 compared to 2022, the overall At the meeting of the Consultative Forum of Prosecutors General and
number of cases handled by the Agency remains low. Directors of Public Prosecutions of the Member States of the EU, held at
Eurojust in October 2023, environmental crime was a key item on the agenda.
Despite environmental crime being an EMPACT priority area in the previous Participants discussed their national experiences in addressing environmental
and current policy cycle, the number of cross-border environmental crime crime and the benefits of having specialised prosecutors and judges to deal
cases initiated at the national level remains low. Moreover, depending with this specific crime area.
on national legislation, prosecution strategies and the specifics of the
case, criminal activities damaging the environment can be prosecuted as
other crimes, such as fraud, corruption or money laundering. Although
21
The Rise of Environmental Crime (2016), Interpol and United Nations Environment Programme
not conclusive, considering the need to improve national statistics on 22
Money Laundering from Environmental Crime (fatf-gafi.org)
environmental crime investigations, these reasons may partially explain the 23
Final report of the eighth round of mutual evaluations on environmental crime
overall low number of environmental cases referred to the Agency.

EUROJUST ANNUAL REPORT 2023 | 55


The scale and complexity of environmental crime requires specialisation and The Agency also continued its cooperation with the European Network of
a multidisciplinary approach. This has driven several EU Member States to Prosecutors for the Environment (ENPE). In April 2023, Eurojust participated
set up dedicated units to tackle environmental crime within their national in the international conference ‘The sea, the world’s largest crime scene – the
prosecution services. For example, Sweden has set up the National Unit for case of environmental crime’, organised jointly by the ENPE and La Rochelle
Environment and Work Environment Cases within the Swedish National University. Discussions focused on the legal and practical difficulties in
Public Prosecution Department, while in Spain, the Spanish Prosecutor's detecting, investigating and prosecuting environmental crimes. Conference
Office has a Supreme Court Prosecutor in charge of a specialised unit for the participants included experts from some EU Member States, Mauritius, Africa,
coordination of environmental crimes. South America, the United States and Ukraine. They concluded that effective
prosecution, through national and international cooperation, is essential to
Participants concluded that cooperation and collaboration in environmental prevent further damage by disincentivising the commission of these crimes.
protection, particularly across borders, are essential given the growing
sophistication of environmental criminals and their defence strategies. EU-US Liaison meeting on environmental crime
To prevent investigative and prosecutorial efforts from being hindered or
undermined, it is of utmost importance that domestic laws in the Member Following the political commitment made in 2022 between the European
States adequately implement international standards, and that progress is Union and the United States to intensify cooperation in the fight against
made towards a harmonised legislative framework, especially regarding the environmental crime, the second EU-US Liaison Meeting on Environmental
definition of crimes, sanctions and investigative tools. Crime, involving Eurojust, took place in April 2023 in La Rochelle. The meeting
was an opportunity to discuss the areas of environmental crime where EU-
Training and awareness raising US cooperation is most needed. These areas include marine and maritime
pollution, waste crime, wildlife crime and illegal timber trade, among others.
In 2023, Eurojust continued to contribute to training, awareness raising and Participants discussed cooperation in these areas, including identifying
networking activities tailor-made for prosecutors and the judiciary working in and exchanging intelligence on possible EU-US linked cases, with a view
the environmental crime area. These activities were carried out in cooperation to initiating EU-US cross-border criminal investigations and prosecutions,
with CEPOL, EJTN, the EU-funded project LIFE SWiPE (‘Successful Wildlife supported by Eurojust and Europol. Participants also discussed taking stock
Crime Prosecution in Europe’), the Academy of European Law and the French of the legal and practical challenges faced by EU and US competent national
National School for the Judiciary. authorities in dealing with environmental crime and exchanging best practices
to address them.
Cooperation at EU level

During 2023, Eurojust continued to contribute to the activities of the EU


Environmental Compliance and Governance Forum’s Working Group on
Sanctioning, the EU Wildlife Trade Enforcement Group, and the European Task
Force on Forestry Crime.
Environmental Crime Directive and other policy developments

In November 2023, the Council and the European Parliament reached


a provisional agreement on a proposed EU law that would improve the Crackdown on a criminal network dealing with
waste trafficking
investigation and prosecution of environmental crime offences. The proposal
for a new Environmental Crime Directive, replacing the previous 2008
Directive, aims to establish minimum rules on the definition of criminal
offences and sanctions in order to better protect the environment. The
proposed Directive adds new types of environmental criminal offences and
also harmonises the level of penalties for natural persons and, for the first
CRIME: An organised crime group (OCG) deals with illicit waste trafficking
time, for legal persons in all EU Member States. These changes are expected (including uncleaned, unrecycled scrap iron and manipulated hazardous
to improve the investigation and prosecution of environmental crime offences waste, such as tar), false invoicing and money laundering in several European
and increase cross-border judicial cooperation in this area. To achieve this, the countries. The OCG illegally acquires up to 165,000 tonnes of scrap iron
proposed Directive specifically promotes cooperation through Eurojust as well through a network of iron recycling companies operating in Italy and abroad.
as other EU agencies. A German bogus company connected to the leader of the OCG issues false
invoices for the fictitious acquisition of the scrap iron.

Other relevant legislative developments that provide for effective enforcement The leader and other members of the criminal network bring up to EUR
including dissuasive sanctions, include the Regulation on Deforestation- 70 million in cash into Italy from German bank accounts. The money is
free products, which entered into force in June 2023, and the proposal for transferred between fictitious companies and the profits are invested in the
a Directive on ship-source pollution and on the introduction of penalties, illicit trafficking of waste or laundered through legitimate activities such as the
acquisition of a football team in Italy.
including criminal penalties, for pollution offences, issued by the European
Commission in the same month. ACTION: Eurojust sets up a coordination centre on its premises to facilitate
rapid cooperation between the Italian and German judicial authorities.
In a joint action day on 15 February, 14 suspects are detained in Italy and
Germany. Forty searches are carried out, 26 in Italy and 14 in Germany.

For more Eurojust cases and the latest developments RESULT: The preventive seizure of assets worth EUR 90 million is ordered.
in fighting environmental crime, scan/click the QR code
EUROJUST’S ROLE: Eurojust supports the authorities involved in setting
up and funding a joint investigation team. The Agency also hosts seven
coordination meetings to facilitate judicial cooperation and provide support to
the coordinated investigative efforts.

EUROJUST ANNUAL REPORT 2023 | 57


3.10 Intellectual property crime During 2023, Eurojust handled various
counterfeit cases. One ongoing case involves an
individual residing in Germany who engaged
Intellectual property crime (IPC) damages the economy and can in the illicit procurement of substantial
INTELLECTUAL PROPERTY quantities of unlicensed medical products from
have a direct impact on public health and consumer safety.
CRIME CASES IN 2023 third countries. This person, devoid of any
Physical counterfeiting and online piracy are hard to investigate,
as most of the crimes are committed outside of the EU or involve 54 CASES medical qualifications or licensing, distributed
(23 new cases, these products to individual consumers. The
online elements with digitally disguised perpetrators. 31 ongoing from previous years) perpetrator's monthly revenue from this
2 illegal operation has been estimated to be
• Approximately 86 million fake items were intercepted in the EUR 100 000. In 2023, Eurojust supported the
JOINT INVESTIGATION TEAMS
European Union in 2022 with an estimated value of over EUR (both newly established in 2023) establishment of a JIT to investigate this cross-
2 billion. More than 72% of the products seized were games, border criminal activity involving multiple
4
packaging material, toys, cigarettes and recorded CDs/DVDs24. CASE-SPECIFIC European countries.
COORDINATION MEETINGS

• The digitalisation of trade and transport has shifted most of Another case handled by the Agency in 2023,
the distribution of counterfeit goods online, moving the place which is still ongoing, concerns a criminal
of perpetration of the crime from the streets to the homes of network operating in Central Europe engaged in the production and
victims by means of online shopping and services. distribution of counterfeit detergents. The criminal network acquired raw
materials different from those used in legitimate products and then mixed,
• The commodity sectors most affected by physical counterfeiting packaged and labelled these substances in containers mimicking the original
brands. The production of these counterfeit washing products took place in
in the EU are the automotive industry, clothing and accessories,
highly unsanitary conditions, posing a potential a health risk to consumers.
cosmetics and perfumes, foodstuffs, labels and packaging
Investigations have revealed that these counterfeit products were distributed
material, pesticides, pharmaceutical products, piracy and throughout the European Union, both through unofficial markets and, in some
toys25. On the other hand, online media providers and the film instances, infiltrating the official supply chain. In 2023, in response to this
industry suffer from online piracy. widespread criminal activity, Eurojust organised a coordination meeting with
the national authorities of the affected countries, laying the groundwork for
establishing a JIT. The JIT, supported by the Agency, is now coordinating the
Operational support to IPC cases judicial aspects of the investigations and forthcoming prosecutions.

In 2023, the number of new IPC cases referred to Eurojust increased by 20%
compared to the previous year. The Agency also handled 31 ongoing cases
from previous years and supported two new joint investigation teams to
24
EU enforcement of intellectual property rights: results at the EU border and in the EU internal market
tackle this crime area. 2022 (November 2023) - EUIPO (europa.eu)
25
The Other Side of the Coin: An Analysis of Financial and Economic Crime | Europol (europa.eu)

58 | EUROJUST ANNUAL REPORT 2023


The IPC Project The IPC Case-law analysis is the outcome of the monitoring efforts on national
case-law conducted by the IPC Project in 2022. This compilation includes a
In 2023, Eurojust, via its IPC Project (financed by the European Union curated selection of national judgments pertaining to IP crime and serves as
Intellectual Property Office – EUIPO), sustained its commitment to supporting a critical resource to show how courts across EU Member States address legal
national and EU efforts to combat crimes related to the infringement of challenges in this field. Key aspects of this analysis include a diverse selection
intellectual property rights. of judgments, insights into legal approaches and emerging trends in IP Crime.

The IPC Project actively collaborated with partners in EMPAC on a range of The Copyright Piracy Report addresses the escalating threat of using advanced
actions targeting both online and offline IP infringement. This collaboration technologies to commit large-scale IP infringement. The report focuses on
was crucial in ensuring that IPC cross-border investigations received the international copyright law, adaptation in EU Member States, interpretation
necessary judicial support and were effectively coordinated to guarantee by national courts, technological advancements and challenges, and best
successful prosecutions. practices and recommendations. The report serves as a comprehensive
resource for legal practitioners, law enforcement agencies and policymakers,
Moreover, during 2023, the project continued to build new knowledge, providing valuable insights and guidelines for tackling copyright piracy in the
capacity and awareness by fostering a deeper understanding of IP rights evolving digital landscape.
enforcement through its targeted publications and events for judicial
authorities and other stakeholders. The flyer on advertising-funded online piracy presents a detailed analysis of
how the advertising industry inadvertently contributes to the proliferation of
IPC publications online piracy. It focuses on the role of advertisements in financially sustaining
websites and applications that distribute copyrighted content, often at no cost
During 2023, the IPC Project published various awareness-raising materials to the user, without the authorisation of the rights holders. The flyer provides
in the form of reports and flyers. These resources are designed to educate and national case-law examples of criminal copyright infringement where the
update members of the judicial community about critical issues and emerging involvement of advertising played a significant role. It highlights the need
trends that affect the enforcement of IP rights, as well as highlight best for more stringent measures and greater awareness within the advertising
practices. industry to prevent their services from being exploited by piracy sites.

The study on generative artificial intelligence (AI) and its impact on IP The flyer on non-fungible tokens describes the growing use of non-fungible
crimes examines the impact of generative AI tools, including Chat GPT, tokens (NFTs) in the art world. These unique identifiers, recorded on the
Midjourney and similar technologies, on copyright-protected content. It blockchain, are used to verify the ownership and authenticity of a work of art.
explores the complexities surrounding the creation of art, music, literature While the use of NFTs by artists is increasing, so is the risk of criminal actions
and other intellectual properties by these AI programs, and the potential for related to them. One example of such abuse is converting artworks to NFTs
copyright protection of such AI-generated works. The paper examines the and selling them without the artist's authorisation. The flyer examines the
methodologies used to train generative AI programs, scrutinising whether this consequences for copyright and trademark protection and provides an outline
machine learning process could inadvertently lead to copyright infringement. of recent court decisions affecting this area, which still lacks a legal regulatory
The adaptability of criminals to such new technological advancements framework.
poses significant challenges for law enforcement and judicial authorities,
particularly in the area of intellectual property crime.

EUROJUST ANNUAL REPORT 2023 | 59


IPC events In 2023, the IPC Project, in association with the U.S. Department of Justice,
initiated a series of monthly online lectures focusing on intellectual property
The IPC Project hosted and participated in a series of key events in 2023. enforcement. These lectures, featuring speakers from the EU and United
These events brought together experts, practitioners and stakeholders from States, examined an array of case studies, methodologies and tools essential
various fields to discuss and exchange views on matters pertaining to IP rights in combatting criminal infringement of IP rights. The 2023 lecture series
enforcement. addressed topics such as trade secret violations, illicit internet protocol
television, counterfeit pharmaceuticals, concealed hyperlink infractions
In May 2023, Eurojust, with the support of the Estonian General Prosecutor’s and methodologies for calculating damages. This educational initiative will
Office, organised the first regional seminar on intellectual property crime continue into 2024, with new themes and case studies to further enrich the
investigations and prosecutions. The seminar, held in Tallinn, Estonia, collaborative effort in the fight against IP crime.
gathered police investigators and prosecutors from the Czech Republic,
Estonia, Latvia, Lithuania, Poland and Slovakia to discuss regional challenges, IPC policy developments
opportunities and best practices in investigating and prosecuting IP crimes.
The seminar also played a crucial role in reinforcing and broadening the During 2023, two important legislative developments took place in the IPC
network of IP crime practitioners, thereby enhancing collaborative efforts area, both of which will help national authorities in the investigation of cross-
across the region. border crimes.

In September 2023, Eurojust, in collaboration with EUIPO, organised the The Digital Services Act (DSA), which came into force in February 2024, is
annual workshop of the European Intellectual Property Prosecutors Network. a significant piece of legislation in the European Union aimed at regulating
The event provided a valuable opportunity for practitioners to discuss recent digital platforms and services. Key points of the DSA include increased
instances of counterfeiting and copyright piracy. In addition, participants accountability of online platforms, transparency requirements, protection
exchanged materials and updates on ongoing initiatives in the area of IP of user rights, measures against illegal content, data access for researchers,
enforcement, thereby enhancing each other’s capabilities to address the risk management and independent audits, a crisis response mechanism
challenges posed by this crime. and sanctions for non-compliance. The DSA aims to create a safer, more
transparent online environment, balancing the regulation of digital services
In November 2023, Eurojust organised an online workshop on copyright with the protection of fundamental rights. The DSA’s new obligation for online
piracy. The event brought together judicial and law enforcement practitioners service providers to cooperate with national judicial and administrative
from five jurisdictions who presented recent case studies and shared authorities and comply with orders to provide information received directly
experiences in spearheading or assisting complex piracy investigations from them will enable national authorities to obtain essential information for
and prosecutions. The proliferation of unauthorised illicit internet protocol their investigations. Other obligations, such as the necessity to identify users
television and streaming services poses unprecedented challenges for and preserve advertising data, will help to discover illicit content and take
judicial and law enforcement authorities who are faced with increasingly appropriate action more quickly.
complex cases requiring technical skills and an understanding of technology.
Furthermore, investigations have revealed that organised crime groups are
not only involved in sophisticated counterfeiting and piracy operations but are
also using the proceeds from these illicit activities to finance other criminal
activities.

60 | EUROJUST ANNUAL REPORT 2023


In March 2024, the European Parliament adopted the Artificial Intelligence
(AI) Act, which is the first proposed regulation in this area, establishing
uniform rules and requirements for the use of AI systems. Its key points
Crackdown on a Lithuanian criminal network
include a risk-based approach, prohibition of certain AI practices, strict rules
involved in large-scale food fraud and tax evasion
for high-risk AI systems, transparency obligations for certain AI systems,
market surveillance and enforcement, a European AI Board, safeguards and
accountability measures, and facilitation of innovation. The AI Act is part of
the EU's broader strategy to harness the opportunities of AI while mitigating
its risks, ensuring that AI systems are safe and respect EU laws and values.
This is a significant step in establishing a comprehensive legal framework to CRIME: In 2021, an OCG purchases millions of expired food products and
oversee the development and use of AI systems. This will make it possible to some other perishable goods, such as cosmetics, in Germany and France.
identify the illegal use of AI and ensure that legal action is taken to address it. The OCG alters the expiry dates on these products and regularly supplies
them to the Lithuanian market, where they are purchased by thousands of
consumers. Estimates suggest that the OCG earns over EUR 1 million through
this criminal activity. The suspects keep fictitious accounting records to hide
the real purchase and sale values in order to avoid paying taxes.
For more Eurojust cases and the latest developments in
ACTION: The case is opened in January 2023 at the request of the Lithuanian
fighting intellectual property crime, scan/click the QR code
authorities. A joint action day involving the concerned judicial authorities and
over 200 officers on the ground takes place on 23 May. Up to 70 searches and
inspections of warehouses and other locations are carried out and over 30
witnesses are interviewed in Estonia, France, Germany and Lithuania.

RESULT: During the action day, 24 suspects are detained in Lithuania.


Equipment for altering the expiry dates on products, including household
solvents, printers and labels are found at several locations in Lithuania, as well
as large quantities of expired products. The OCG is successfully dismantled
by the national judicial and law enforcement authorities concerned, with the
support of Eurojust and Europol.

EUROJUST’S ROLE: Eurojust facilitates the communication, exchange of


information and coordination between the national authorities and assists
in the preparation of the joint action day. The Agency also hosts three
coordination meetings and sets up a coordination centre to enable rapid
cooperation between the judicial authorities involved in the operations.

EUROJUST ANNUAL REPORT 2023 | 61


3.11 Organised crime ’Ndrangheta’s criminal activities on the rise

’Ndrangheta, one of the world’s most powerful


The scale, sophistication and violent consequences of organised mafia-style criminal networks, is responsible
OCG-RELATED CASES for much of Europe’s cocaine trade, combined
crime have become a serious threat to the EU’s security. IN 2023
Organised crime groups (OCGs) continue to endanger the with systematic money laundering, bribery
and violence. In recent years, ’Ndrangheta’s
values and functioning of our society, the safety, well-being and 1 000 CASES
(483 new cases, criminal activities have become increasingly
fundamental rights of our citizens, and the preservation of our 517 ongoing from previous years) widespread, with links to many countries in
economies and the rule of law. Europe and around the world.
18
JOINT INVESTIGATION TEAMS
• Organised crime profits from illicit activities are estimated at (8 new JITs, 10 ongoing)A significant proportion of Eurojust’s
around EUR 139 billion a year26. organised-crime casework in 2023 concerned
36
CASE-SPECIFIC ’Ndrangheta-related crime. In May 2023, the
• More than 80% of the criminal networks active in the EU use COORDINATION MEETINGS Agency coordinated a highly successful joint
legal business structures to facilitate and disguise crimes, as action day involving 10 countries, in which
well as launder criminal profits27. 132 members of ’Ndrangheta were arrested. Eurojust was instrumental in
ensuring the successful outcome of this case by providing crucial support at
• More than 70% of criminal networks operating in the EU use the beginning of the investigations as well as beyond the joint action day. The
corruptive methods to facilitate criminal activity or obstruct law agency provided legal advice on competing European Arrest Warrants and
the implementation of European Investigation Orders, supported numerous
enforcement or judicial proceedings28.
coordination meetings, and set up joint investigation teams and coordination
centres resulting, in the largest-ever hit against Italian organised crime.
Operational support to organised crime cases
EU Strategy to tackle Organised Crime 2021–2025
During 2023, Eurojust handled a higher number of organised crime cases and
arranged more coordination meetings to address this crime type, compared Throughout 2023, Eurojust continued to assist the European Commission
to the previous year. The Agency dealt with 1 000 cases, around half of which in the implementation of the EU Strategy to tackle Organised Crime 2021-
were newly opened in 2023. 2025. The Agency contributed to the meetings organised by the European
Commission in February, July and November 2023 on progress made in
OCGs are active in many crime areas, including property crime and money carrying out the Strategy.
laundering, and move around quickly within and across multiple jurisdictions.
Cross-border cooperation is therefore essential to detect them and build a
solid prosecution case to achieve justice.
26
EUR-Lex - 52021DC0170 - EN - EUR-Lex (europa.eu)
During 2023, Eurojust dealt with a variety of organised crime cases including 27
Decoding the EU’s most threatening criminal networks
drug trafficking, trafficking of human beings, money laundering, robbery and 28
Decoding the EU’s most threatening criminal networks
fraud.

62 | EUROJUST ANNUAL REPORT 2023


The recovery of criminal assets and other cross–border dimensions of Participants at the Forum stressed the need to improve awareness of EMPACT
modern OCGs are areas where improvements are still necessary. This includes among judicial authorities and involve public prosecutors at an earlier stage
broadening the current legal instruments and enhancing the harmonisation of in the planning and coordination of operational actions. Deeper and earlier
EU and national legislations. involvement of the judiciary in the entire process will enable a more effective
and coordinated approach to tackling major organised crime. This will
New judicial network on organised crime maximise the impact of investigations into serious and complex crimes, such
as drug trafficking, money laundering and migrant smuggling.
In October 2023, the European Commission presented a new EU roadmap to
fight drug trafficking and organised crime. In line with Eurojust’s experience,
the roadmap recognises that to dismantle criminal networks across the EU,
judicial authorities must exchange information early on and communicate EMPACT has been operational for more than a decade and
regularly to ensure that investigative strategies are aligned and evidence from has proven to be a highly effective collaborative platform for law
different countries is collected quickly. enforcement agencies. It is now time for the prosecution authorities in
the Member States to step forward and further explore the possibilities
for joint action against serious and organised crime through the
One of the roadmap’s key actions is to strengthen information exchange
platform.
and cooperation between judicial authorities on complex cross-border
investigations into organised crime by creating a network of specialised Thomas Häggström, Director of Public Prosecution of Sweden
prosecutors and judges from Member States, with the support of Eurojust. The
Agency is working closely with the European Commission and Member States
to establish the network, which is expected to become operational in 2024.
The network will actively promote the use of Eurojust’s expertise in cross- EMPACT Operational Action Plan on High Risk Criminal Networks
border drug-related and other organised crime cases.
To enhance its operational support to national investigations and
Stepping up the judicial role in major operations against organised crime prosecutions, Eurojust is co-leader in several operational actions within the
EMPACT Operational Action Plan for High Risk Criminal Networks. For the
During the 17th Consultative Forum in October 2023, the Prosecutors General first time within EMPACT, the judiciary is leading operational actions, with the
and Directors of Public Prosecutions of EU Member States discussed how support of Eurojust.
to enhance the role of judicial authorities in joint operations against major
organised crime, through the European Multidisciplinary Platform Against This Action Plan aims to promote cooperation in the identification and
Criminal Threats platform (EMPACT). investigation of high-value targets. Due to the poly-criminality associated with
high-risk criminal networks, the Action Plan tackles a wide range of crime
EMPACT is a security initiative, driven by the Member States and supported types.
by the Commission and the Council, to identify, prioritise and address threats
posed by organised and serious international crime. EMPACT brings together Within the Action Plan, Eurojust participates in the Operational Action on
the judiciary, law enforcement authorities, EU agencies, customs and tax Countering OCGs from Ukraine, Russia and other Russian-speaking areas.
offices to take concrete actions against criminal networks. In June 2023, a dedicated meeting was set up to take stock of the situation
in Ukraine and how it affects serious organised crime operating in Europe.

EUROJUST ANNUAL REPORT 2023 | 63


Eurojust’s and Europol’s analysis, based on the agencies’ operational work,
as well as insights from EU Member States, indicated that there has been no
major impact on OCGs in the European Union since Russia’s full-scale invasion 132 ‘Ndrangheta mafia members arrested
of Ukraine in February 2022. Eurojust’s organised crime casework has not as a result of an investigation by Belgium,
changed significantly since the outbreak of the war in Ukraine. Italy and Germany

Eurojust and Nigerian judicial authorities enhance cooperation against


organised crime

Over the last two decades, organised crime affecting both Nigeria and CRIME: The mafia-style organisation, ‘Ndrangheta, based
European countries has structurally evolved, becoming more violent, mainly in Reggio Calabria, is responsible for much of
sophisticated and increasingly transnational. In view of this rapid expansion Europe’s cocaine trade, combined with systematic bribery
of OCGs operating in Nigeria and Europe, a more structured and longer-term and violence. Members of the criminal network are also
cooperation is required. involved in firearms trafficking, illegal firearms possession,
money laundering, fraudulent asset registration, tax fraud
and tax evasion, as well as the aiding and abetting of
In November 2023, Eurojust’s President and the Attorney General of fugitives, some of whom are on the EU Most Wanted list. The
Nigeria signed a Working Arrangement to enable closer cooperation in criminal group invests its profits in real estate, restaurants,
the fight against OCGs. Nigeria is the first sub-Saharan African country hotels, car wash companies, supermarkets and other
to sign a Working Arrangement with the Agency. This paves the way for commercial activities.
the establishment of a Contact Point for Eurojust in Nigeria and closer
ACTION: In the early hours of 3 May 2023, law enforcement authorities in
communication for the swifter execution of judicial cooperation requests on Belgium, Germany, Italy, France, Portugal, Slovenia, Spain, Romania, Brazil and
both sides. Panama raid multiple locations and seize several companies.

The signing took place during the Agency’s two-day Conference on RESULT: During the action day, involving 10 countries and over 2 700 officers
Transnational Organised Crime affecting West Africa and Europe. The on the ground, 132 members of one of the world’s most powerful criminal
networks are taken into custody. This results in the largest-ever coordinated
conference was co-organised with the UNODC and the Siracusa International
hit against Italian organised crime to date.
Institute for Criminal Justice and Human Rights. It brought together judicial
and law enforcement authorities from eight West African countries and the EUROJUST’S ROLE: Eurojust supports the involved authorities by establishing
national authorities represented at Eurojust to discuss how to strengthen and funding two joint investigation teams. The Agency also hosts 10
cooperation against global criminal networks. coordination meetings and facilitates the transmission and execution of
European Investigation Orders. Eurojust sets up a coordination centre to
enable rapid cooperation between the judicial authorities involved in the
action day.
The Working Arrangement with Eurojust will enhance our
cooperation. Let us work together to explore innovative solutions, best
practices and new partnerships. Our collective strength and resolve are
the keys to making a real difference in the fight against transnational
organised crime.
For more Eurojust cases and the latest developments
Attorney General of Nigeria, Lateef Olasunkanmi Fagbemi, SAN in fighting organised crime, scan/click the QR code
64 | EUROJUST ANNUAL REPORT 2023
4. Ensuring victims’ rights Eurojust aims to minimise the risks associated
with the cross-border dimension of cases by
ensuring timely and effective coordination
between the various countries and actors
4.1 Protecting victims’ rights in cross-
involved to preserve victims’ rights. The
border cases
 Right to be heard Agency is uniquely positioned to facilitate
Right to information

V
 When conducting investigative acts, information exchange on victims to identify,
ictims of crime in the EU are entitled to a  Identify the victims. make sure that victims’ needs are
 Ensure victims are made aware of their assessed and followed up on. rescue and protect them. Moreover, it is
number of rights, regardless of their nationality, rights in a language they understand.  Assess the type of consequences of
 Provide information and updates about able to help prevent and resolve conflicts of
residence, the type of crime and the place where the crime (physical, mental, emotional,
the proceedings. financial). jurisdiction and find concrete solutions for
it was committed. Victims’ rights of particular  Use of the same interpreter and
specialised personnel for interviews. victims across the European Union, such as
relevance in cross-border cases include the right
the right to compensation.
to information, the right to be heard, the right to
protection/support and the right to compensation.
Eurojust promotes the victims’ rights
dimension in all of its casework, regardless
The complexity of cross-border cases makes it
of the crime. However, each crime area
especially challenging for judicial authorities to  Right to protection/support Right to compensation has its own specificities when it comes to
protect victims’ rights. Involving Eurojust early in  Conduct individual assessment of
victims to identify specific protection
 Exchange information on assets for effectively addressing victims’ rights. In
the process helps to overcome these difficulties the purpose of confiscation.
needs: during pre-trial investigation
 Inform victims in other jurisdictions human trafficking cases, for example, the early
and ensure victims’ protection. The Agency can and after the completion of the
that they can make claims in their
proceedings
country of residence. identification of victims is key to ensure that
provide assistance when a case impacts victims  Inform how to get support, including,
for example, access of victim
 Communicate the standard they benefit from the support of specialised
within the context of a cross-border investigation or supporters to proceedings (victim
compensation form.
 Give victims information on the services at the soonest possible opportunity.
involves victims of different countries in a national support service, close family).
 Ensure necessary support is provided outcome of the criminal proceedings
(including information on the
investigation. (e.g.: medical, practical, psychological)
and protection measures are in place.
compensation decision).
Coordination meetings at Eurojust enable
 Consider the use of video conferencing
practitioners to discuss the most appropriate
4.2 The victims’ rights dimension in or written statements to minimise the
risk of secondary victimisation. ways to identify victims, ascertain their status
Eurojust’s casework
and ensure that psychological and other
forms of support, assistance and protection
In 2023, Eurojust helped deliver justice to more than
are available. In a case involving Romanian victims of trafficking for sexual
375 000 victims of all forms of serious, cross-border crime.
exploitation, the agenda of the first coordination meeting featured an item
specifically dedicated to considering victims’ rights. Such best practices are
The Agency continued to anchor the victims’ rights dimension in all its
a testimony to Eurojust’s promotion of the victims’ rights dimension at an
operational casework. Through its dedicated Working Group consisting of
early stage of the case. This ensures that judicial authorities dedicate time and
representatives from all Eurojust crime-based Working Groups, the Agency
resources in determining, for example, the location, legal status and potential
contributes to ensuring an adequate level of victims’ rights protection in
needs of the victims.
cross-border criminal proceedings. The Working Group is responsible for
compiling, monitoring and analysing victim-related issues reported by
practitioners working on Eurojust cases.

EUROJUST ANNUAL REPORT 2023 | 65


In this particular case, which involved the national authorities of a number of pivotal in this case to determine the facts that must be established to prove
Member States, including Romania, Belgium and the Netherlands, participants the constitutive elements of the offences in each country concerned. It was
exchanged views on the legal status of the victims. The investigations revealed also important to determine the evidence required to satisfy the national
that the victims had been deliberately moved from one Member State to legislations. These discussions enabled the national authorities to have a
others. The coordination meeting revealed that most of the legislation of clear understanding of the legislative and operational approaches in each of
the concerned Member States oblige practitioners to prove that the victims the Member States where the exploitation of victims took place, and in the
were forced to engage in prostitution, while others do not or have a lower case of the Romanian authorities, to reconfigure and adapt their investigation
threshold. As a result, the same individual can be recognised as a victim in strategy.
one jurisdiction and not in another. Discussing the matter at Eurojust was

Eurojust’s assistance to
national authorities in
ensuring victims’ rights’

A coordination meeting at
Eurojust can help:
 elaborate a victims’ strategy
At an early stage of a case (consider type of damage,
Eurojust can: number of victims, agree on
the questions and on the A joint investigation team (JIT)
 help identify the victims information needed); may be used to:
(particularly when they are  exchange information  consider dedicated funding
numerous or located in various regarding victims’ statements, (travel, interpretation, etc.) for
countries); as admissible evidence; victims;
 ascertain the procedural status  coordinate the communication  consider the use of video
of victims (victim/witness/ of documents reflecting their Coordination centres can:
recording, videoconferencing
suspect/party). rights to the victims; and written statements to  help ensure that victims’ needs
Eurojust can facilitate
 agree on specific investigative minimise the risk of secondary are taken into consideration
compensation/remediation by:
measures; victimisation; (shelter, protection measures,
 consider victims’ rights  second JIT members to support services).  assisting in the identification
when deciding on transfer of participate in victims’ of victims entitled to
proceedings or other judicial interviews; compensation;
cooperation instruments;  include the victims’ interests  helping to categorise victims per
 determine the best place in the objectives of the JIT (e.g. type of damage and amount of
to prosecute based on the identification, remediation). financial loss;
nationality/interest/location of  facilitating the dissemination of
Eurojust can assist in drafting the
the victim. compensation forms.
JIT agreement.

66 | EUROJUST ANNUAL REPORT 2023


4.3 Safeguarding victims’ rights across all crime areas Terrorism – During the Annual Meeting on Counter-Terrorism in November
2023, the role of victims in mass trials was addressed, based on the recent
Throughout 2023, Eurojust organised a series of meetings on different crime trial of the Paris and Saint-Denis terrorist attacks of November 2015 in
types, in which dedicated sessions were held to examine the issue of victims’ France. Given the large-scale nature of this trial, which involved 2 600 civil
rights from the perspective of a particular crime area. parties, 330 lawyers and 20 accused, ensuring victims’ rights was particularly
challenging.
Trafficking in human beings – The Focus Group of specialised prosecutors
against human trafficking in June 2023 highlighted the specific difficulties Ahead of the trial, the victims’ rights to information and protection were
faced by judicial practitioners in relation to protecting victims’ rights. For addressed by providing civil parties with practical information about the court
example, gathering admissible evidence can be particularly challenging when building and how it functions, as well as the support that would be offered to
obtaining testimonies from victims of human trafficking. In some countries, them throughout the trial. Victim protection needs were met by engaging with
such as Spain, it was noted that the consent of the victims can create further the press and law enforcement authorities attending the trial. For example,
difficulties for prosecutors to prove the exploitation element in court. military personnel and police officers agreed to make heavy weapons less
visible to make victims feel more comfortable. Similarly, coloured badges were
Cybercrime – During the 15th Plenary Meeting of the European Judicial used to help journalists identify civil parties who agreed to be approached
Cybercrime Network (EJCN) in November 2023, the Netherlands Public by the press. During the trial, efforts were made to ensure the best possible
Prosecution Service presented a ransomware case where they faced legal conditions for the participation of both national and foreign victims.
challenges in returning seized crypto assets to victims. Participants were Interpretation and a web radio were available for civil parties, enabling them
able to discuss the case in depth and debate various solutions. This was to follow the whole trial.
followed in December 2023 by a ransomware training session for judicial and
law enforcement practitioners organised by the EJCN in cooperation with The definition of a victim in this trial was a major challenge as the existing
the Cyclopes Project. The training session focused on how practitioners can legislation showed its limitations when dealing with complex cases involving
provide effective guidance to help victims properly assess the situation prior, a high number of injured and deceased persons. The more than 2 600 persons
during and after an attack. who asked to be recognised as a civil party to the proceedings embraced
a wide range of personal situations and damages suffered. In that context,
Migrant smuggling – During the Annual Meeting on Migrant Smuggling the court found that the definition of a victim, whether a natural or a legal
in November 2023, a prosecutor and member of Eurojust’s Victims’ Rights person, should be broad. A second major challenge was to ensure the effective
Working Group presented the particular challenges posed by the deviating exercise of victims’ procedural rights – including the right to be heard, to
legal status of migrants in judicial proceedings, and the possible ramifications call witnesses, to ask questions to the accused, to make submissions and
of migrants becoming victims of any type of crime. While in many EU Member to request damages – while ensuring the smooth and timely running of the
States migrants carry the status of witness by legislation, they are also often hearing. Advance consultation with relevant stakeholders and innovative
victims of human rights violations in the course of their journey. Establishing solutions were key to achieving this objective.
the legal status of migrants as victims, witnesses or suspects is crucial to
safeguard their rights in judicial proceedings, including in relation to re- Joint Investigation Teams (JITs) related to any crime – In October 2023,
victimisation through subjection to multiple statements and testimonies. the 19th annual meeting of the JITs Network Secretariat dedicated a workshop
to the ‘Procedural rights of victims within the context of JITs’. Practitioners
highlighted the importance of distinguishing between the different stages

EUROJUST ANNUAL REPORT 2023 | 67


of an investigation and the role of victims in each of them: identification, If adopted, the amendment will encourage Member States to refer to
rescue and protection, trial testimony and finally, compensation. Participants Eurojust cases in which victims’ rights are identified as warranting specific
also acknowledged that the best time and means to address victims’ rights coordination at judicial level. Eurojust calls on national authorities to refer
depends on the specific crime under investigation in the JIT. The importance cases involving victims to the Agency at an early stage to minimise the cross-
of locating assets to compensate victims was also discussed. Participants border risks associated with such cases.
confirmed that victims’ rights are not addressed consistently enough between
JIT parties and discussed how this could be improved. They also agreed to During 2023, the Agency continued to participate in the EU Victims’ Rights
further promote funding opportunities to support JIT activities related to Platform and exchange best practices and promote cooperation with the
victims. Finally, the meeting participants recommended including a ‘victims European Commission Coordinator for Victims’ Rights and the European
clause’ in the JIT model agreement, disseminating information on the Network on Victims’ Rights. In particular, the Agency participated in the
challenging aspects of national legislation on victims’ rights and addressing annual conference of the European Network on Victims’ Rights in May
practitioners’ training needs. 2023 and attended two online meetings of the EU Victims’ Rights Platform
dedicated to child victims in May 2023 and to victims of war crimes in July
4.4 Revision of the Victims Rights’ Directive and cooperation at 2023.
EU level

In July 2023, the European Commission adopted a proposal to revise


the Victims’ Rights Directive. The revision is accompanied by an impact
assessment following an extensive consultation process and an evaluation of
the Directive. The revision of the Victims’ Rights Directive addresses problems
identified in the evaluation. The amendments concern five main victims’
rights: access to information, improved support and protection, improved
participation in criminal proceedings and facilitated access to compensation.

Eurojust contributed to the evaluation exercise by participating in an


interview and providing its expertise in a dedicated report published in
February 2022. The report is based on the Agency’s casework and identifies
challenges faced by practitioners and best practices to overcome them.

During the revision process, Eurojust advocated for the recognition and
strengthening of its operational role in the protection of victims’ rights. The
aim of the proposed amendment is to promote the referral of information
to Eurojust in cases where victims’ rights are at stake within the context of
judicial cooperation. This information may, where appropriate, be shared by
judicial national authorities with Eurojust, as per the Agency’s Regulation.

68 | EUROJUST ANNUAL REPORT 2023


5. Cooperation with partners On 1 May 2023, the two agencies launched a pilot project for the systematic
and structural exchange of data on a hit/no hit basis for link detection
purposes. This joint undertaking aims to implement a first solution for
the hit/no hit data exchange set out in the agencies’ respective founding
5.1 Cooperation with EU agencies
regulations. The new process supports the cross-checking of information and

O
the linking of ongoing investigations, thus providing further opportunities for
perational cooperation with the main actors in the security chain is vital
cooperation. The follow-up on hits identified may include the establishment of
to ensuring justice gets done. Throughout 2023, Eurojust continued
contacts, sharing of further information and/or joint operational action. The
to cooperate closely with the European Justice and Home Affairs agencies,
pilot project will be reviewed in the first half of 2024 to evaluate the business
contributing judicial expertise in the common fight against cross-border
processes, data retention periods, operational results and the impact on the
crime. During 2023, the Agency handled a significant number of cross-border
respective agencies.
cases with Europol and the European Public Prosecutor’s Office (EPPO), as
well as two cases with the European Anti-Fraud Office (OLAF).
During 2023, the agencies participated in several meetings together to
enhance strategic cooperation. A high-level meeting took place in June
Europol 42 2023 addressing topics such as the preparation of a proposal for a Core
International Crimes Joint Platform between the agencies and the need to
European Public Prosecutor’s Office (EPPO) 15 8
remind Member States working within EMPACT of the importance of early
European Anti-Fraud Office (OLAF) 2 involvement of the judiciary. The annual Eurojust-Europol Steering Committee
meeting took place in November 2023. The agenda included discussions on
New cases opened in 2023 involving other EU bodies the cooperation of the agencies’ in joint investigation teams, the future of the
A single case can involve more than one partner organisation SIRIUS project (co-implemented by Eurojust and Europol, see section 3.7), and
the state of play of the hit/no hit pilot project.
Europol
Also in November 2023, both agencies made presentations at the Eurojust
Inter-parliamentary Committee Meeting, which included a dedicated session
During 2023, Eurojust continued its strong partnership with Europol in both
on the agencies’ cooperation. Using examples of joint cases and activities,
operational and strategic areas.
Eurojust demonstrated to members of the European Parliament and national
parliaments that the close cooperation between the agencies is a prerequisite
In terms of operational cooperation, the agencies worked closely together
for success in the fight against cross-border organised crime and terrorism.
on 42 cross-border cases in 2023, with Europol joining Eurojust in 96
coordination meetings as well as 8 coordination centres. Europol also
In 2023, Eurojust and Europol carried out parallel assessments of the practical
participated in 14 joint investigations supported by Eurojust, including the
implementation of the Eurojust-Europol Cooperation Agreement, also taking
joint investigation team into alleged core international crimes committed in
into consideration the two agencies’ revised mandates. The outcome of this
Ukraine, which Europol joined as a participant in October 2023 (see section
exercise will be discussed at the joint meeting of the College of Eurojust and
2.1).
the Management Board of Europol in October 2024. An informal working
group has been set up and meets regularly to identify business needs and
opportunities to enhance cooperation in the years to come.

EUROJUST ANNUAL REPORT 2023 | 69


Eurojust also participated in the annual event of the EU Innovation Hub for OLAF
Internal Security in October 2023, hosted by Europol, aimed at providing
the latest innovation updates and effective solutions to support the work of During 2023, OLAF continued to be a key partner in Eurojust’s operational
internal security actors across the EU. work, in line with the Working Arrangement signed by the two agencies in
March 2023 to step up cooperation.
To improve operational cooperation, Eurojust colleagues participated in an
exchange visit to Europol in June 2023, aimed at raising awareness among Eurojust worked with OLAF on two cases in 2023, including one on agro-
post holders of the agencies’ working methods and enhancing the dialogue pharmaceuticals, for which a coordination meeting was organised in
between specialists in the same field. September 2023.

EPPO During the year, OLAF participated in the activities of the EMPACT Operational
Action on MTIC fraud, led by Eurojust.
Fifteen new cases were opened at Eurojust in 2023 to support the EPPO in its
investigations involving non-participating Member States and third countries, At the strategic level, a high-level meeting between the two agencies focused
mostly concerning large-scale organised VAT fraud involving several countries. on the implementation of the Eurojust-OLAF Action Plan 2022-2023 to fight
During 2023, the EPPO was involved in 26 Eurojust cases and participated crimes affecting the European Union’s financial interests, and an exchange of
in six coordination meetings organised at the Agency. In one of these cases, views on the agencies’ joint cases.
Eurojust also supported the EPPO in setting up a joint investigation team (JIT).
The Eurojust-OLAF Liaison Team met regularly in 2023 to discuss cooperation
In early 2023, the workflows for the opening and handling of Eurojust cases and operational matters, including the agencies’ joint training workshop,
involving the EPPO were adopted by the Colleges of both agencies. which took place in January 2024 with a focus on JITs and environmental
crime.
The EPPO participated in the Eurojust-led EMPACT Operational Action on
Missing Trader Intra-Community (MTIC) fraud, which focuses on MTIC Cooperation with training partners
fraud involving intangible goods and services. Moreover, in March 2023, the
EPPO also contributed to the US-EU expert group on obtaining evidence via Throughout 2023, Eurojust continued to support the training activities of the
mutual legal assistance (MLA) from the United States, as well as the EU-UK European Union Agency for Law Enforcement Training (CEPOL), the European
meeting on MLA cooperation with the United Kingdom in October 2023, both Judicial Training Network (EJTN) and the Academy of European Law (ERA), in
organised by Eurojust. line with its mandate and Memoranda of Understanding. Eurojust supported 9
ERA, 13 EJTN and 16 CEPOL training activities (12 of which were co-organised
The Eurojust-EPPO Liaison Team’s third meeting took place in December with the EJTN). Eurojust’s input to the training activities focused on the
2023. Issues discussed included the next steps for the implementation of the Agency’s expertise on judicial cooperation instruments.
hit/no hit system, the joint evaluation of the agencies’ working arrangement
and Eurojust’s support to JITs involving the EPPO. Eurojust also contributed to CEPOL’s capacity-building projects, in particular
the Western Balkans Partnership against Crime and Terrorism Project (WB
Progress was also made during 2023 on the implementation of the hit/no PaCT) and the CT INFLOW project.
hit data exchange system between the two agencies, in order to enhance the
detection of links between cases, which will start in 2024.

70 | EUROJUST ANNUAL REPORT 2023


In 2023, Eurojust and the EJTN celebrated 15 years of cooperation. On this Under the JHAAN communication and promotion priority, an updated JHAAN
occasion, the new Secretary-General of the EJTN visited Eurojust in February brochure and a new JHAAN promotional video were produced in 2023 to raise
2023 to discuss past joint achievements and projects for the future. The awareness about the Network and the individual agencies, both internally
agencies’ partnership includes study visits and training activities in which and externally. An online open market event also took place in September
Eurojust delegates expert speakers. 2023, targeting all JHA Agencies staff as well as colleagues from other EU
institutions.
In 2023, Eurojust experts participated in 13 EJTN trainings, including some
practical case-based simulations on international fraud, counter-terrorism In March 2023, an updated Joint paper on JHA Agencies’ contribution to
and human trafficking. A study visit was organised in June 2023, involving EU solidarity with Ukraine was published, covering the period February
30 participants from national judicial authorities, dedicated to participants’ 2022-February 2023. The paper describes the actions taken by the nine EU
chosen topics of interest: cybercrime, anti-trafficking and asset recovery/ agencies cooperating within the JHAAN, which form an integral part of the
financial investigations, money laundering and economic crimes. EU’s coordinated response to the war in Ukraine.

Moreover, in 2023, Eurojust hosted 23 EJTN trainees from 16 EU Member In November 2023, the nine JHA agencies, the Network’s observers, the
States for training periods of 3 or 4 months (for a total of 77 months). The incoming Belgian Presidency of the Council, and the representative of the
trainees worked with their respective National Desks at Eurojust on cross- EU Agencies Network, gathered at the European Union Agency for Asylum’s
border cases and attended coordination meetings and coordination centres. headquarters in Malta for the Heads of JHA Agencies meeting. Participants
Thanks to this unique opportunity, they acquired an in-depth insight into discussed recent and upcoming developments in the Justice and Home Affairs
European criminal justice cooperation and supported their colleagues from field, including the Belgian Presidency’s priorities to step up the fight against
other EU Member States. drug trafficking, migrant smuggling, and organised crime. The agencies
took stock of the achievements accomplished with regard to the JHAAN’s
Justice and Home Affairs Agencies Network (JHAAN) five thematic priorities in 2023, and focused on their upcoming objectives.
Eurojust’s digitalisation initiatives to modernise cross-border judicial
In 2023, the activities of the JHAAN focused on five thematic priorities: cooperation were one of the priorities presented at the meeting.
digitalisation, the European Green Deal, information provision in mixed
migration situations, cybersecurity, and the communication and promotion of
the Network.

In July 2023, the JHAAN published a Report on the survey of JHA Agencies’
environmental and greening activities. The survey results show that JHA
agencies are strongly committed to stepping up their environmental
and greening activities, at a time when environmental protection
and sustainability are high on the EU agenda. The report proposes
recommendations for discussion and implementation by future JHAAN
presidencies.

EUROJUST ANNUAL REPORT 2023 | 71


5.2 Relations with EU institutions and Member States The topics addressed included a discussion of Eurojust's work in 2023 as well
as an outlook on its activities and challenges for future cross-border judicial
Visit to Eurojust by the European Commission’s Vice-President for Values cooperation in criminal matters. In addition, Eurojust's activities with regard
and Transparency to Ukraine, including the assessment of its extended mandate, were also
discussed.
In April 2023, the Vice-President of the European Commission for Values and
Transparency, Věra Jourová, visited Eurojust to discuss the Agency’s work Justice and Home Affairs meeting of the Council of the European Union
on accountability for crimes committed in Ukraine. Since the onset of the
Russian invasion, Eurojust has been actively supporting international efforts During the EU’s Justice and Home Affairs Council meeting in December 2023,
to bring to justice those responsible for the alleged core international crimes Eurojust’s President was invited to provide an update on the Agency’s work
committed in Ukraine. The meeting was an opportunity to discuss Eurojust’s on accountability for Russian war crimes in Ukraine. Ministers were updated
and the European Commission’s collaboration in the EU Freeze and Seize on the state of play of the Joint Investigation Team’s work, the ICPA and the
Task Force and the International Centre for the Prosecution of the Crime of Core International Crimes Evidence Database (CICED).
Aggression against Ukraine (ICPA).
European Criminal Records Information System – Third Country
Nationals (ECRIS-TCN)

The Commission fully supports Eurojust in its pivotal role to help The ECRIS-TCN Regulation establishes a centralised EU hit/no hit central
ensure accountability in the Russian war against Ukraine. Eurojust was system to identify the Member State(s) holding information on previous
key in setting up a joint investigation team to support the gathering, convictions of third-country nationals. As set out in the ECRIS-TCN Regulation,
exchange and transmission of evidence of war crimes. Eurojust is on Eurojust will be the contact point for third countries and international
the right track to become a real hub for judicial cooperation and the organisations regarding ECRIS-TCN requests they wish to make in the context
investigation of war crimes. of criminal proceedings.
Věra Jourová, European Commission Vice-President for Values and Transparency
The new ECRIS-TCN information system will supplement the existing EU
Criminal Records Information System (ECRIS) with the data on non-EU
nationals convicted in the European Union. Once operational, it will allow
Fourth Inter-parliamentary Committee Meeting on the Evaluation of Member States, and also Eurojust, to see whether other Member State(s) have
Eurojust's activities information on previous convictions of a non-EU national, thus contributing
to the implementation of the principle of mutual recognition of sentences and
The Fourth Inter-parliamentary Committee Meeting on the Evaluation of judicial decisions. Third countries and international organisations will not
Eurojust’s activities took place in November 2023 at the European Parliament. have direct access to the ECRIS-TCN database, but may, with the consent of
The aim of this annual meeting is for the European Parliament and National Member States ask Eurojust to process their ECRIS-TCN queries.
Parliaments to evaluate the Agency’s work, based on Eurojust’s Annual
Report. During 2023, Eurojust worked closely with eu-LISA and the European
Commission on planning the implementation of the Agency’s unique role
towards third countries and international organisations in relation to ECRIS-
TCN. The ECRIS-TCN database, to be hosted by eu-LISA, is expected to be
operational in 2024.
72 | EUROJUST ANNUAL REPORT 2023
17th Consultative Forum of Prosecutors General and Directors of Public Coordinating Committee in the area of police and judicial cooperation in
Prosecutions of EU Member States criminal matters (CATS)

In October 2023, during the 17th Consultative Forum, the Prosecutors General In May 2023, for the first time, Eurojust hosted an informal meeting of the
and Directors of Public Prosecutions of EU Member States discussed how Coordinating Committee in the area of police and judicial cooperation in
to enhance the role of judicial authorities in joint operations against major criminal matters (CATS), composed of directors and directors general at the
organised crime through EMPACT, as well as the judicial response to the war ministries of justice and home affairs of EU Member States. The meeting,
in Ukraine and the protection of the environment through criminal law. which took place under the Swedish presidency, focused on the fight against
impunity regarding crimes committed in connection with Russia’s aggression
The 17th Consultative Forum, organised by Eurojust with the Swedish and against Ukraine and cooperation with third countries in the fight against
Spanish authorities whose countries held the Presidency of the Council of the organised crime.
European Union in 2023, highlighted the necessity to improve awareness of
EMPACT among judicial authorities. 5.3 Cooperation with third countries

Casework involving third countries

EMPACT has been operational for more than a decade and During 2023, 712 of the cases handled by the Agency involved one or more
has proven to be a highly effective collaborative platform for law third countries. Eurojust’s international cooperation continues to increase
enforcement agencies. It is now time for the prosecution authorities the number of registered cases at the Agency, with 351 new cases owned by
in the Member States to also step forward and further explore the third countries opened in 2023 alone. Countries with a Liaison Prosecutor
possibilities for joint action against serious and organised crime through located at Eurojust were requested to participate in cases 614 times in 2023.
the platform. Moreover, 14 cases involved countries that have concluded a cooperation
agreement with Eurojust but have not yet posted a Liaison Prosecutor at the
Thomas Häggström, Director of Public Prosecution of Sweden
Agency. Countries with appointed Eurojust Contact Points were requested to
participate in 101 cases. The United Kingdom (UK) is the non-EU country with
the most casework, with 275 cases in 2023, followed by Switzerland, Albania,
EMPACT is a security initiative driven by EU Member States. Operational Serbia and Ukraine.
Action Plans (OAPs) are developed to combat major crime in specific areas.
Greater and earlier involvement of the judiciary in the entire process would Agreements on cooperation with third countries
enable a more effective and coordinated approach to tackling major organised
crime. For the current EMPACT cycle running until 2025, ten priority areas Eurojust can only systematically exchange personal data if agreement
for OAPs have been identified for major crime types, ranging from migrant concluded with a specific country allows for such transfers or if the
smuggling and drug trafficking to environmental crime and cyberattacks. European Commission has adopted an adequacy decision for the country
As the new OAPs are prepared for the next cycle, due to start in 2026, the in question in the law enforcement and judicial area. To date, Eurojust has
Consultative Forum aims to further strengthen the role of judicial authorities. 13 such agreements, with Albania, Georgia, Iceland, Liechtenstein, Moldova,
Montenegro, North Macedonia, Norway, Serbia, Switzerland, Ukraine, the UK
and the United States (US).

EUROJUST ANNUAL REPORT 2023 | 73


Experience has shown that an international agreement that allows for the Liaison Prosecutors
systematic exchange of personal data and the subsequent secondment of
a Liaison Prosecutor to Eurojust, enables a much smoother exchange of Hosting Liaison Prosecutors from non-EU countries at Eurojust’s premises
information and a considerable increase in cooperation. in The Hague allows Member States’ authorities to cooperate closely with
the judicial authorities in these countries. This enables direct operational
Under the previous cooperation strategy, Eurojust proposed the conclusion of cooperation between them, leading to more successful investigations and
international agreements with a number of non-EU countries, and the Council prosecutions.
of the European Union authorised the opening of negotiations with 13 of
them (Algeria, Argentina, Armenia, Bosnia and Herzegovina, Brazil, Colombia, Currently, 12 third countries have Liaison Prosecutors at Eurojust: Albania,
Egypt, Israel, Jordan, Lebanon, Morocco, Tunisia and Turkey). During 2023, Georgia, Iceland, Moldova, Montenegro, North Macedonia, Norway, Serbia,
Eurojust continued to provide its technical expertise on these international Switzerland, Ukraine, the UK and the US. During 2023, 351 new cases were
agreements in close cooperation with the European Commission, and initiated by Liaison Prosecutors at Eurojust, with Switzerland and Albania
participated in the negotiation meetings as an observer. opening the highest number of cases. The UK, followed by Switzerland, were
the countries most requested to participate in new cases opened by National
Desks at the Agency in 2023. Liaison Prosecutors were also actively involved
United Kingdom 275
in Eurojust’s meetings and instruments to tackle these cases, with the UK,
US and Ukraine attending more than 50 coordination meetings, and the UK,
Switzerland 224 Switzerland and Albania participating in more than 20 JITs in the same year.
Albania 116
During 2023, Eurojust welcomed two new Liaison Prosecutors. For the
Serbia 89
first time, the Republic of Moldova has a prosecutor stationed at Eurojust’s
Ukraine 84 headquarters in The Hague, which will strengthen cooperation with the
Norway 77 Moldovan authorities in cases of serious cross-border crime. A new Liaison
Prosecutor was also appointed for Norway to continue the strong judicial
United States 59
cooperation that dates back to 2005, when Norway became the first country
Georgia 45 to sign a cooperation agreement with the Agency. More recently, the first
Third country participation in Liaison Prosecutor for Iceland also joined Eurojust, following a cooperation
North Macedonia 36 Eurojust cases in 2023 agreement signed by the Icelandic authorities and the Agency in 2005.
Montenegro 31

Republic of Moldova 23

Bosnia and Herzegovina 15

Canada 10

Israel 7

Turkey 7

74 | EUROJUST ANNUAL REPORT 2023


Overview of cases in 2023 involving Liaison Prosecutors

Participation in cases Participation in


Cases initiated by the National Desk
initiated by other Desks joint activities/meetings
LIAISON
PROSECUTOR No. of countries involved Ongoing from Ongoing from Coordination
New in 2023 New in 2023 JITs Action days
2 3 or more previous years previous years meetings

Albania 76 74 2 23 40 96 22 22 1

Georgia 30 30 0 11 15 47 4 3 0

Moldova 0 0 0 0 23 37 11 13 0

Montenegro 16 16 0 22 15 38 5 0 1

North Macedonia 14 11 3 15 22 44 5 1 0

Norway 42 33 9 152 35 83 14 13 1

Serbia 32 27 5 59 57 79 23 4 4

Switzerland 85 71 14 97 139 381 45 23 2

Ukraine 21 19 2 50 63 138 52 19 2

United Kingdom 30 24 6 64 245 661 71 29 2

United States 5 1 4 11 54 140 60 0 2

TOTAL 351 306 45 504 * * * * *

* These columns cannot be summed up, since more than one National Desk can be requested to participate in a single case, and coordination meetings, JITs and action days are often co-organised.

Eurojust’s Contact Points In 2023, nine new third countries joined Eurojust’s Contact Point network:
Chad, Ghana, Togo, The Gambia, Tajikistan, Philippines, Mozambique,
Eurojust has been steadily growing its Contact Points network in third Kyrgyzstan and Kuwait. During the year, the Agency held 22 meetings with
countries, enabling direct contact with the competent authorities when a Contact Points to explain the Agency’s role in facilitating judicial cooperation
crime extends beyond the EU’s borders. To date, the network has Contact with EU Member States. Moreover, during the year, cooperation with non-EU
Points in over 72 countries. countries via Contact Points was streamlined thanks to bilateral meetings, a
functional mailbox and a cooperation guide.

EUROJUST ANNUAL REPORT 2023 | 75


Eurojust cooperation with third countries
Agreements on cooperation Liaison Prosecutors

Agreements on cooperation provide the possibility Liaison Prosecutors from countries outside the EU are posted at Eurojust.
of exchanging operational information, including They work side by side
evidence and personal data, between Eurojust and with their colleagues from
the national authorities of the country involved in a the Member States to
systematic way. provide support in cross-
border investigations
Eurojust can rely on agreements on cooperation concluded with 13 involving their country.
non-EU countries: Albania, Georgia, Iceland, Liechtenstein, Moldova,
Montenegro, North Macedonia, Norway, Serbia, Switzerland, Ukraine, Currently, twelve Liaison
the United Kingdom and the United States. Prosecutors are seconded
to Eurojust, from
Albania,Georgia, Iceland,
Contact Point network
Moldova, Montenegro,
North Macedonia,
Eurojust is actively connected with over 70 jurisdictions worldwide. Norway, Serbia,
Contact Points appointed by national authorities enable prosecutors Switzerland, Ukraine, the
from Member States to get information on these legal systems and solve United Kingdom and the
problems in judicial cooperation when a crime extends beyond the European United States.
Union’s borders.
Working arrangements
Contact Points
also ensure that
authorities in Eurojust concludes working arrangements with third countries and
non-EU countries judicial networks and associations established outside of the EU to enable
can swiftly strategic cooperation in combatting serious crime.
communicate
with Eurojust These arrangements allow exchanging strategic information and sharing
and obtain best practices, but are not a basis to share operational personal data.
information on EU
legal systems. Eurojust has working arrangements with the Ibero-American Association
of Public Prosecutors Offices (AIAMP), Nigeria and Panama.
Cooperation with Latin America and the United States June, focusing on the execution of MLA requests for gathering evidence in the
United States (see section 3.7).
In recent years, judicial cooperation in criminal matters between EU and Latin
American countries has intensified. Latin American criminal networks play a Cooperation with Southern Neighbourhood and other Middle
major role in drug trafficking, often in collaboration with EU-based criminal Eastern countries
groups. This has led to the establishment of the first four JITs involving
Argentina, Brazil and Ecuador with the support of Eurojust. The 19th Annual In May 2023, the Agency hosted a study visit of representatives of the Iraqi
Meeting of the Network of National Experts on JITs, in October 2023, explored judiciary and the Ministry of Interior. The visit focused on migrant smuggling
how to step up judicial and law enforcement cooperation between EU Member and was organised in the framework of the UNODC GLO.ACT Asia and the
States and Latin American countries in the fight against serious organised Middle East initiative (the Global Action against Trafficking in Persons and the
crime (see section 6.1). Smuggling of Migrants).

During 2023, Eurojust welcomed various prosecutors and policy makers In June 2023, Eurojust’s President attended the Annual Conference of the
from Latin America to discuss matters of judicial cooperation. In March, the Palestinian Public Prosecution, while in November 2023, he attended the 3rd
Prosecutor General of the Federative Republic of Brazil met with Eurojust’s Annual Meeting of the Arab Association of Prosecutors, held in Morocco.
President, and in October the Attorney General of Colombia visited the
Agency to discuss stepping up cooperation against drug and wildlife In September 2023, two representatives from the Moroccan Advocate General
trafficking. For the first time, representatives of the Caribbean Community to the High Court of Cassation and the Ministry of Justice visited Eurojust for
also visited Eurojust, with the support of the PACE Justice Project, which aims two weeks to familiarise themselves with the Agency’s work and its judicial
to strengthen the institutional capacities of judicial and law enforcement cooperation tools and instruments for cooperation with non-EU countries.
authorities in the Caribbean to effectively manage criminal cases.
Cooperation with Africa
Moreover, in November 2023, the Vice-Minister of Justice from the Republic of
Colombia visited the Agency with a high-level delegation of officers from the A delegation from Nigeria and selected West African countries (Cabo Verde,
Data Protection Authority, the Ministries of Foreign Affairs and Justice and the Ghana, Niger and The Gambia), all members of the West African Network
National Police. The European Commission also participated in the meeting to of Central Authorities and Prosecutors, visited Eurojust for two days in
explain the benefits of concluding an international agreement between the EU June 2023. The visit was jointly hosted by the EJN and was facilitated by the
and Colombia on cooperation with Eurojust. UNODC. The visit was instrumental in explaining the mandate and activities
of the Agency and the EJN, as well as in learning more about Nigerian legal
Eurojust and the Attorney General of the Republic of Panama signed a frameworks and those of other countries in Western Africa, while discussing
Working Arrangement in January 2024, formalising Eurojust’s existing further cooperation possibilities.
Contact Points in Panama and ensuring closer communication to speed up the
execution of judicial cooperation requests on both sides. Panama is the first In November 2023, Eurojust and the Attorney General of Nigeria signed a
Latin American country to sign a Working Arrangement with Eurojust. Working Arrangement to enable structured and closer cooperation in the fight
against organised crime groups. This paves the way for the establishment of a
During 2023, Eurojust continued its cooperation with the United States within Contact Point for Eurojust in Nigeria, and makes Nigeria the first sub-Saharan
the framework of the US-EU expert group on obtaining (e-)evidence, with African country to sign a Working Arrangement with the Agency.
two meetings organised in March and November, as well as a workshop in

EUROJUST ANNUAL REPORT 2023 | 77


The Working Arrangement was signed during a conference hosted by Eurojust and efficiently with requests for MLA involving the UK. Since 1 January 2021,
on Transnational Organised Crime affecting West Africa and Europe, co- the Trade and Cooperation Agreement between the EU and UK became
organised with UNODC and the Siracusa Institute (see section 3.11). applicable, implying changes in judicial cooperation, including in relation to
MLA. The MLA form (created in accordance with the Trade and Cooperation
Cooperation with South East Asia Agreement), became mandatory as of 1 September 2023 for all MLA requests
to and from the UK, in relation to EU Member States.
In May 2023, the Secretary of Justice of the Republic of the Philippines visited
Eurojust. As a result of the visit, the authorities of the Philippines designated a EuroMed Justice Project
Contact Point for the Agency.
The EuroMed Justice Project (EMJ) strengthens strategic and operational
Furthermore, in October 2023, a delegation from the South East Asian States, cooperation among SPCs, EU Member States, Eurojust, the EJN and other EU
SEA Just, came to Eurojust for a study visit. The delegation learned about judicial and law enforcement cooperation agencies. The Programme builds
Eurojust’s and the EJN’s work and explored possibilities for strengthening sustainable cross-regional mechanisms of cooperation, strengthens regional
international judicial cooperation. judicial training platforms and develops practical tools for cross-border
cooperation.
Cooperation with Central Asia and the Southern Caucasus
In March 2023, the EMJ organised the ‘EuroMed Environmental Justice Week’.
In April 2023, Eurojust hosted delegations from Kazakhstan, Kyrgyzstan, A Conference on Environmental Justice in the Mediterranean was organised
Tajikistan, Turkmenistan and Uzbekistan (members of the Judicial by EJM in Algiers, in cooperation with Algeria, Tunisia and France. Several
Cooperation Network for Central Asia and Southern Caucasus launched by international experts attended, including justice and environmental officials
UNODC) for a study visit to discuss ways of enhancing cooperation between from Algeria, Egypt, France, Italy, Jordan, Lebanon and Tunisia, as well as
Eurojust and the region. representatives from Eurojust and the European Commission. In the same
week, the EJM organised a training session for EU Member States and SPCs
Cooperation with Moldova with a focus on environmental crime.

The President of the Republic of Moldova visited Eurojust in September In May 2023, the EuroMed Justice programme jointly organised a Conference
2023 to discuss the country’s cooperation with the Agency and its further on Joint Investigations in Trier, Germany with the Academy of European Law
integration into the EU’s judicial cooperation architecture. She met with aimed at improving judicial cooperation between SPCs and EU Member States.
Eurojust’s President, who underlined the importance of strengthening The conference identified concrete steps to help judicial authorities from
relations to effectively fight serious cross-border crime and explained the SPCs organise joint and parallel investigations among themselves, with the
Agency’s activities, including its support for accountability efforts in Ukraine. support of the EMJ, and with EU Member States together with Eurojust’s and
the JITs Network Secretariat involvement. The Conference gathered nearly 60
Cooperation with the UK officials from all 9 SPCs and 10 EU Member States, as well as representatives
of Eurojust, Europol, the Directorate-General for Neighbourhood and
In October 2023, a meeting on Mutual Legal Assistance (MLA) cooperation Enlargement Negotiations, EPPO, UNODC, the Council of Europe, the
between the European Union and the United Kingdom was held at Eurojust. Cybercrime Programme Office and the Southeast European Law Enforcement
During the two-day meeting, practitioners learned how to deal effectively Center.

78 | EUROJUST ANNUAL REPORT 2023


In June 2023, the first meeting of the EuroMed Justice Network of Contact
Points (EMJNet) took place in Rome, during the 17th meeting of CrimEx (the 3 coordination meetings in the Western Balkans
coordination mechanism reuniting participating representatives from SPCs,
EU Member States and the EMJNet). Participants discussed two priority
areas for strategic cooperation: environmental crime and financial crime. 7 coordination meetings in Eurojust cases
In September 2023, the Larnaca conference, 18th CrimEx and 2nd EMJNet
meeting took place in Cyprus and focused on the SPCs’ cooperation with the
EU to tackle migrant smuggling.

Throughout 2023, the EMJ continued to implement its 2022-2025 Strategy 3 JITs signed in the Western Balkans
and the two related action plans on human trafficking and migrant smuggling
and asset recovery. EMJ’s fifth phase ended in December 2023, and a new
contribution agreement was signed for the next four-year phase, starting in 1 investigative measure within a JIT
among Western Balkan partners
January 2024. The sixth phase of the project will focus on providing more
operational support to concrete situations between the SPCs, as well as
between them and EU Member States. In June 2023, the WBCJ Project organised a webinar on EU jurisprudence on
admissibility of evidence obtained from Sky ECC and Encrochat networks,
Western Balkans Criminal Justice Project in cooperation with the European Judicial Cybercrime Network (EJCN).
The webinar, attended by over 300 participants, informed Western Balkan
The Western Balkans Criminal Justice (WBCJ) Project was launched in practitioners about the latest trends in EU courts regarding the admissibility
May 2023 during a conference attended by high-level representatives of of evidence obtained from encrypted networks.
the regional partners and several EU institutions. Funded by the European
Commission and implemented by Eurojust, the initiative aims to strengthen In July 2023, the WBCJ project organised a regional seminar on challenges
judicial cooperation within the Western Balkans as well as between the and opportunities of JITs between EU Member States and Western Balkan
region and the EU in the fight against organised crime and terrorism. The Partners in Sarajevo, Bosnia and Herzegovina. The seminar was organised
participating countries are Albania, Bosnia and Herzegovina, Kosovo29, North in cooperation with the JITs Network Secretariat and the Focus Group on
Macedonia, Montenegro and Serbia. Migrant Smuggling. This first event organised by the project in the region was
attended by more than 50 prosecutors and law enforcement officers from the
In March 2023, the WBCJ Project established the Contact Group of six Western Balkan partner countries. The seminar highlighted successful case
practitioners from the Western Balkans region in charge of the coordination of studies involving EU Member States and Western Balkan countries.
cross-border cases and organised five meetings of the Contact Group.
In September 2023, as part of its outreach strategy in each Western Balkan
Following these meetings, the WBCJ Project funded three coordination country, the WBCJ Project organised a seminar for Montenegrin practitioners
meetings among Western Balkan authorities and one investigative measure on judicial cooperation tools offered by the Agency and the project in Budva,
within a JIT in the region. Moreover, the project supported the participation Montenegro.
of Western Balkan practitioners in seven coordination meetings organised in
relation to Eurojust cases. The project also supported the signing of three JITs 29
This designation is made without prejudice to positions on status and is in accordance with UNSCR
in the Western Balkans. 1244/ 1999 and the ICJ Opinion on the Kosovo Declaration of Independence.

EUROJUST ANNUAL REPORT 2023 | 79


In October 2023, the project financed a training session delivered by the
JITs Network Secretariat on JITs funding for Albania’s National Bureau of
Investigations and Special Anti-Corruption Structure.
Actions across Europe against online fraud with
cryptocurrencies
In line with the project’s objective to cooperate with EU networks, in
November 2023, the WBCJ Project supported the participation of six
prosecutors from the Western Balkan region in the Eurojust Annual Meeting
on Migrant Smuggling, as well as the participation of eight practitioners from
the Western Balkans at the 61st Plenary Meeting of the EJN in Madrid.
CRIME: Fraudulent call centres and websites of alleged financial trading
companies in Ukraine and Georgia are uncovered, following a complaint by
a victim to the Swiss authorities in October 2019. The perpetrators use over
100 websites, posing as serious investment companies, offering financial
transactions in cryptocurrencies and trading options. After potential investors
show interest, they are approached over the phone and lured into making
Successful takedown of drug trafficking network in considerable investments. Most of the victims are Swiss and German
Italy and Albania investors, who lose at least several million euros.

CRIME: A criminal network is allegedly responsible for the ACTION: In 2023, targeted actions are taken in several countries where
large-scale trafficking of cocaine, cannabis and heroin, mainly searches take place and bank accounts and assets are frozen. Moreover,
from Albania to Italy. during a coordinated action day in April 2023, further judicial measures are
taken in 13 countries, to freeze and seize the suspects’ bank accounts and
ACTION: In January 2023, a joint action day involving the assets.
Italian and Albanian authorities is managed in real time from
Eurojust’s coordination centre. During the joint operation, RESULT: During the action day, the simultaneous freezing of several accounts
supported by some 350 officers on the ground, 30 suspects are arrested in several EU countries successfully prevents assets from being shifted to
and 31 locations are searched. Five rifles, one pistol and six vehicles are different bank accounts. Thanks to the effective and efficient coordination of
also seized. Property worth EUR 1 million (equivalent to the proceeds of the this major case involving 13 countries, the investment scam is disrupted.
criminal offense) is seized in Albania.
EUROJUST’S ROLE: The coordination of this large and complex case
RESULT: Eurojust and Europol successfully support judicial and law between EU countries and third States with Liaison Prosecutors would not
enforcement authorities in Italy and Albania in dismantling the drug have been possible without Eurojust’s support. The Agency has provided
trafficking network. crucial assistance to the case since December 2020, helping to set up a joint
investigation team into the fraud between the Swiss and Ukrainian judicial
The case is sent to court for trial in December 2023. 21 defendants are and police authorities. Furthermore, Eurojust’s Liaison Prosecutor for Georgia
charged with drug trafficking and participation in a structured organised is instrumental in facilitating the shutdown of the infrastructure and criminal
crime group. activities in the country. Eurojust also supports three coordination meetings
to arrange the coordinated action day.
EUROJUST’S ROLE: The case is opened at Eurojust and Europol in 2019. The
Agency supports the authorities by setting up and funding a joint investigation
team. Eurojust organises two coordination meetings for the involved
authorities to exchange information and agree on the prosecutorial strategy.

80 | EUROJUST ANNUAL REPORT 2023


5.4 Cooperation with international organisations United Nations Office on Drugs and Crime (UNODC)

In recent years, international developments have led Eurojust to intensify During 2023, Eurojust worked closely with the UNODC and organised joint
its cooperation with a number of international organisations. Relying on its events to support cooperation between Europe and West Africa in order to
unique expertise, partnerships and modern digital tools, the Agency ensures better fight transnational organised crime.
that national borders are no obstacle to prosecuting crime and getting justice
done. In June, Eurojust and the European Judicial Network hosted a study visit,
facilitated by the UNODC, for officials from Nigeria and selected West African
In 2023, Eurojust continued to engage with international organisations, countries, while in November, Eurojust hosted a Conference on Transnational
as well as competent authorities of countries outside the European Union, Organised Crime affecting West Africa and Europe, co-organised with UNODC
to promote closer cooperation in the fight against serious and organised and the Siracusa International Institute for Criminal Justice and Human Rights
crime. The Agency has built strong ties with international organisations and (see section 5.3).
countries that share the EU’s desire for a more secure world in which equality,
the rule of law and human rights are respected. Cooperation with UNODC in preparation of these events was beneficial in
facilitating Eurojust’s contacts with Nigeria, and ultimately in promoting
International Criminal Court (ICC) closer dialogue between Africa and Europe.

Operational cooperation with the ICC continued to intensify in 2023, with United Nations Investigative Mechanisms
the organisation participating in the Eurojust-supported joint investigation
team for alleged core international crimes committed in Ukraine. The ICC Several international organisations, including the UN OHCHR Sri Lanka
also participates in the International Centre for the Prosecution of the Crime accountability project, the Independent Impartial Investigative Mechanism
of Aggression against Ukraine (ICPA), which was established by Eurojust to in Syria (IIIM), and the Independent Investigative Mechanisms for Myanmar
provide members with tailored operational, technical, logistical and financial (IIMM) participated in the 33rd and 34th Genocide Network meetings in 2023
support (see section 2.1). (see section 3.3).

The Guidelines to help Civil Society Organisations document international During the 33rd Genocide Network meeting in April 2023, the UN OHCHR
crimes and human rights violations (jointly developed by Eurojust, the Sri Lanka accountability project presented its mandate, including collecting,
Genocide Network and the Office of the Prosecutor of the International analysing and preserving information and evidence related to gross violations
Criminal Court) is another excellent example of a recent collaboration which of human rights. It presented available avenues to support judicial authorities
gained the Award of the European Ombudsman for Good Administration (see in response to requests for assistance through the framework of the OHCHR
section 3.3). and other UN procedures and parameters.

Furthermore, the recent amendment to the Eurojust Regulation mandates During the 34th Genocide Network meeting, the IIIM highlighted the various
the Agency to exchange evidence with, or otherwise make evidence directly ways in which the mechanism may assist in the investigation and prosecution
available to, international judicial authorities, in particular the ICC. of persons responsible for the most serious crimes under international
law committed in the Syrian Arab Republic since March 2011, in particular
through its analytical work.

EUROJUST ANNUAL REPORT 2023 | 81


In addition, the Investigative Team to Promote Accountability for Crimes
Committed by Da'esh/ISIL in Iraq (UNITAD), an Associate to the Genocide
Network, supported an ongoing JIT in 2023 between Sweden, France, Belgium
Coordinated arrest of Swedish high-value target
and the Netherlands on ISIL crimes against Yezidis. Beyond this JIT, many
suspected of major drug trafficking
cases have already led to successful convictions or are currently ongoing in
several EU Member States where UNITAD evidence has proven indispensable.

Both the IIIM and UNITAD actively participated in the closed session
discussions during both Genocide Network meetings in 2023, providing
invaluable operational support to national authorities in ongoing cases.
CRIME: A Swedish national, previously convicted for similar crimes, is
suspected of aggravated narcotics and weapons offences, as well as illegal
Interpol possession of explosives. Residing in the Balkans, he allegedly remotely
controls his subordinates in an organised crime group involved in drug
In addition to strategic cooperation, Eurojust also collaborates with trafficking in Sweden. He directs them to carry out several criminal activities,
international organisations in its operational work. A good example of this is such as the trafficking of vast quantities of narcotics and weapons.
the Agency’s cooperation with Interpol in October 2023 in the coordinated
ACTION: Eurojust supports the authorities in Sweden, Serbia and Montenegro
arrest of a Swedish national in a cross-border drug trafficking case involving in the arrest of the Swedish national suspected of being part of the organised
Sweden, Montenegro and Serbia. crime group involved in drug trafficking. Following his arrest in Serbia, a
procedure is initiated for his extradition to Sweden.

RESULT: During a joint action day also supported by Interpol, the authorities
conduct house searches in Serbia and Montenegro and seize important
evidence.

EUROJUST’S ROLE: At the request of the Swedish authorities, Eurojust


organises a coordinated action day, with the involvement of the Agency’s
Serbian and Montenegrin Liaison Prosecutors. Support is also provided with
the execution of an International Arrest Warrant and requests for mutual
legal assistance.

82 | EUROJUST ANNUAL REPORT 2023


6. Judicial cooperation instruments
Drug trafficking, 21

Money laundering, 16
6.1 Joint investigation teams 2881 JITs supported in 2023
Swindling and fraud, 17

J oint investigation teams (JITs) are an advanced tool for international


cooperation at Eurojust. The Agency saw a 9% increase in the number of
Ongoing from
previous years2
Newly signed
in 2023
Trafficking in human beings, 9

Migrant smuggling, 6

JITs it supported during 2023 compared to 2022. Eurojust facilitated almost 194 943 Terrorism, 3
Crimes involving mobile
300 JITs throughout the year, around one third of which were newly signed in organised crime groups, 8
2023. Corruption, 2

Core international crimes, 2

-1% +9%
+14% -5% +4%
1
Eurojust support to JITs includes financial and operational support. Of the 288 JITs supported, 132 were funded by Eurojust (51 of which
94 2
As of January 2024. Due to the ongoing nature of the cases, these figures may change after the reporting period.

102 78 72 77 3
A single JIT can deal with more than one crime type.

90 JITs funding programme

Eurojust funded 46% of the 288 JITs supported by the Agency in 2023.
194 Throughout 2023, JITs continued to benefit financially and logistically from
166 188 182 187
145 the JITs Funding Programme, including several high-level JITs, such as the JIT
into alleged core international crimes committed in Ukraine.

Support to JITs through the standard and urgent funding schemes continued
2018 2019 2020 2021 2022 2023 throughout the year. The number of awarded applications under the standard
funding scheme has been steadily increasing after the dip in figures in
previous years caused by the COVID-19 pandemic. The urgent funding scheme
Newly signed JITs JITs ongoing from previous years was widely used as well, in particular towards the end of the year.

In 2023, Eurojust awarded 257 grants to 132 JITs under both the standard and
JITs were used throughout the year in several major cross-border cases urgent funding schemes. Of these, 51 JITs were established in 2023. The final
involving both EU Member States and third countries. The newly signed JITs in budget earmarked for JIT funding in 2023 was EUR 1.942 million.
2023 covered 9 out of 13 crime types addressed by the Agency, ranging from
fraud to core international crimes. In 2023, the largest number of JITs were During 2023, the JITs Network Secretariat worked on simplifying the
established to tackle drug trafficking (21) and money laundering (16). reimbursement process for funding beneficiaries through a new IT tool.

EUROJUST ANNUAL REPORT 2023 | 83


The Claims Module, launched in December 2023, is an online tool for Other key topics were addressed during a series of workshops, including
beneficiaries to submit their JIT funding reimbursement claims. The online one dedicated to the ‘procedural rights of victims within the context of JITs’.
tool is part of the JITs Portal and is also accessible to non-EU countries. The Participants discussed how to promote the victims’ rights dimension more
deployment of the first stage of the Claims Module was completed in 2023, systematically when discussing prosecution strategies in the context of JITs
and further technical improvements and functionalities will be introduced in (see section 4).
2024.
Fourth JITs Evaluation Report
To help practitioners fully understand the processes involved in the JITs
funding programme, a list of frequently asked questions was added to the The Fourth JITs Evaluation Report, published in June 2023, provides an
Eurojust website in 2023 to provide answers to common questions and issues. overview of lessons learned and best practices, as shared by JIT practitioners.
Moreover, a JITs funding guide for participants from the Western Balkans The report also focuses on Eurojust’s experience with multilateral JITs, recent
region was also published in December 2023 and translated into Albanian for developments in JITs, and JITs-related case-law. It is based on 82 evaluations
training purposes through the Western Balkans Criminal Justice project (see completed by JITs practitioners between 2019 and 2022. A complementary
section 5.3). checklist for multilateral joint investigation teams was also published to
assist practitioners in setting up and operating complex JITs involving several
19th Annual meeting of the JITs Network countries.

The 19th Annual Meeting of the Network of National Experts on JITs Report on the Assessment of the JITs Network and its activities
took place in October 2023 and explored how to step up judicial and law
enforcement cooperation between EU Member States and Latin American The Report on the Assessment of the JITs Network and its activities,
countries in the fight against serious organised crime. Latin American criminal published in December 2023, reflects on various aspects of the JITs Network’s
networks play a major role in drug trafficking and often collaborate with EU- operations. These include the functioning of a JIT National Expert in their
based criminal groups. To tackle this growing problem, practitioners explored Member State; relations and cooperation with Eurojust; JITs Network
the possibilities of establishing JITs with Latin American countries. meetings; and the training of JIT National Experts. The report aims to improve
the overall level of engagement and functioning of the JITs Network and
Prosecutors from Italy, Brazil and Chile presented case examples of successful provides an insight into JIT National Experts’ experiences, fields of expertise
judicial cooperation and shared their experiences on recurring challenges and and expectations regarding their role and tasks. The action plan outlined in
best practices. Participants also discussed promoting joint initiatives such as the report proposes future improvements and goals for the Network.
common projects and training programmes to enhance cooperation.
Involvement of the International Criminal Court in JITs
During the dedicated workshop on ‘supporting JITs with Latin American
countries’, participants underlined the importance of Liaison Prosecutors and Following the International Criminal Court’s first involvement in a Eurojust-
Contact Points as key to facilitating judicial cooperation with Latin American supported JIT (see section 2.1), the JITs Network Secretariat facilitated contact
countries. Efficiently establishing contacts with the relevant authorities in between the Office of the Prosecutor of the International Criminal Court
Latin American countries was highlighted as a crucial first step in establishing (ICC-OTP) and the JITs Network, which resulted in the ICC submitting a formal
cooperation. Participants suggested creating model agreements, checklists request to become an Associate Partner to the Network. The JITs Network
and guides for setting up JITs as well as thematic workshops and seminars to granted the ICC-OTP Associate Partner status in July 2023.
raise awareness in this particular field of judicial cooperation.

84 | EUROJUST ANNUAL REPORT 2023


Furthermore, the JITs Network Secretariat and the ICC-OTP published a At a ceremony held in Rīga, Latvia in March 2023, the State Police of Latvia
joint factsheet presenting the ways in which the ICC may be involved in JITs, presented the highest award of the State Police and the Main Criminal Police
the benefits of its involvement, and the support that Eurojust and the JITs Department to the National Member for Latvia at Eurojust, the Liaison
Network Secretariat can offer to JITs in which the ICC-OTP is involved. Prosecutor of Ukraine and the representatives of the Ukrainian National Police
involved in the case. The award recognised their significant contribution to the
JIT Collaboration platform fight against organised crime and the facilitation of international cooperation.

During 2023, the JITs Network Secretariat, supported by Eurojust, worked


closely with the European Commission and its contractor to draft a business
study for the development of the JITs collaboration platform, which aims to
improve and make JIT cooperation more efficient between countries (see
section 2.2). Takedown of Belgian-Greek network smuggling
migrants with fake documents by air
Training activities
CRIME: A Belgian-Greek network smuggles irregular migrants
through Belgian airports to other European countries,
Throughout 2023, the JITs Network Secretariat organised a large number of including Norway. Mainly Iraqi migrants travel from Greece
training activities for JIT practitioners both at the regional and international to Charleroi and Brussels on falsified or stolen documents,
levels. The Secretariat provided coaching at seminars on JIT leadership in paying at least between EUR 5 000 and EUR 6 000 per
April and on JIT implementation in September, co-organised by ERA, CEPOL person.
and EJTN. During the JIT implementation session in September, the JIT model
Investigations in Belgium into the smuggling network start in April 2022,
case scenario (developed in 2022) was used for the first time, and suggestions
following the interception at Brussels Airport of a facilitator accompanying
for improvement were discussed. The Secretariat also actively participated three irregular migrants. These investigations uncover an organised crime
in various meetings organised by the Western Balkans Criminal Justice and group responsible for smuggling small groups of irregular migrants from
EuroMed Justice projects. In addition, it participated in numerous study Greece to Belgium.
visits of delegations from both EU and national institutions as well as third
countries hosted by Eurojust. ACTION: During an action day in November 2023, with the active assistance
of Eurojust and Europol, 11 people are arrested and 16 places searched,
including two travel agencies in Athens.
An award-winning JIT
RESULT: The national authorities in Belgium and Greece dismantle the
Eurojust worked with judicial and law enforcement authorities in Latvia migrant smuggling network.
and Ukraine in an investigation concerning the kidnapping and murder of a
EUROJUST’S ROLE: Eurojust supports the investigations by setting up
Belarusian citizen. To facilitate cross-border judicial cooperation between the
and financing a joint investigation team between the Belgian and Greek
authorities, Eurojust supported the establishment and funding of a JIT and five authorities. The Agency also organises two dedicated coordination meetings
coordination meetings. As a result of these efforts, two men were arrested and and sets up an online coordination centre on the action day.
charged with hostage-taking, murder with aggravating circumstances and the
preparation of large-scale fraud.

EUROJUST ANNUAL REPORT 2023 | 85


6.2 Coordination meetings and centres Coordination meetings by crime type (2020–2023)

Coordination meetings Coordination meetings


Crime types
In cross-border crime cases, Eurojust facilitates 2020 2021 2022 2023
coordination meetings to bring together the ECONOMIC CRIMES * 165 185 211 221
judicial and law enforcement authorities of the
involved countries to agree on their cooperation • Swindling and fraud 91 111 115 128
and the coordination of investigations and
• Money laundering 101 115 142 136
prosecutions at the national level. Prosecutors,
investigative judges and law enforcement • Corruption 8 13 14 13
representatives meet to share information and
agree on how to resolve legal and practical issues, • Crimes against the financial interests of the EU (PIF crimes) 12 16 19 16
what actions to take and which measures to apply.
DRUG TRAFFICKING 87 107 126 105
Coordination meetings are held at Eurojust’s
premises or via secure videoconferencing. These TRAFFICKING IN HUMAN BEINGS * 56 46 55 54
meetings are fully supported by Eurojust’s
expertise and infrastructure, and are a crucial tool • Sexual exploitation 33 24 36 37
offered to national authorities to help get justice • Labour exploitation 15 16 16 16
done.
• Other 12 12 8 5
The number of coordination meetings facilitated
by Eurojust each year has increased steadily over CYBERCRIME 45 67 42 80
the past 4 years, with a total of 579 coordination MIGRANT SMUGGLING 21 25 33 31
meetings organised in 2023. During the year,
the Agency organised coordination meetings to MOBILE ORGANISED CRIME GROUPS 19 19 25 36
tackle all crime types. The highest number of
TERRORISM 12 9 21 22
coordination meetings were organised to discuss
cases concerning money laundering (136), CORE INTERNATIONAL CRIMES 2 6 23 20
followed by swindling and fraud (128), drug
trafficking (105) and cybercrime (80). The number ENVIRONMENTAL CRIME 7 11 7 6
of coordination meetings organised on cybercrime
INTELLECTUAL PROPERTY CRIME 3 0 2 4
cases almost doubled from 42 in 2022 to 80 in
2023. There was also an increase in the number
* These crime types cannot be summed up, since more than one sub-category may apply to a single case.
of coordination meetings facilitated by the Agency
in 2023 compared to the previous year in the The data contained in this table were extracted from Eurojust's CMS on 19 January 2024. Due to the ongoing nature of cases, possible
areas of fraud (11%), organised crime (44%) and discrepancies with previously reported numbers may exist, and statistics may be updated in the future.
intellectual property crime (50%).

86 | EUROJUST ANNUAL REPORT 2023


Coordination centres and joint action days

Coordination centres are a crucial component in Eurojust’s judicial toolkit


to tackle organised cross-border crime. They enable the coordination of
Eurojust supports international operation against joint action days organised against criminal organisations and terrorist
tax evasion through sham contracts groups, during which arrests, searches, interviews of suspects and witnesses,
seizures of evidence and freezing of assets are executed in several countries
CRIME: A group of suspects are allegedly involved in tax evasion. The simultaneously. They are key to achieving successful prosecutions and
perpetrators conclude sham contracts with subcontractors in Estonia, Latvia,
ensuring justice is done.
Lithuania and Poland to conceal employment relationships in Germany. They
also allegedly exploit the different minimum wage standards in the European
Union Member States concerned to evade millions of euros in taxes. Coordination centres are set up from dedicated rooms equipped with state-
of-the-art technology and/or virtually via videoconference facilities to ensure
ACTION: Eurojust supports the competent authorities in Germany, Estonia, that evidence and information collected on the ground are swiftly exchanged
Latvia, Lithuania and Poland in a coordinated action. between all involved national authorities in a secure environment.
RESULTS: During a joint operation in October 2023, 39 business premises and
apartments are simultaneously searched in all countries involved, and several This essential tool enables the timely transmission of judicial requests prior to
witnesses are questioned. and during the joint action day through Eurojust’s National Desks and Liaison
Prosecutors. Coordination centres allow the joint action day to be monitored
EUROJUST’S ROLE: The case was opened at Eurojust in May 2023 at the in real-time, so that legal and practical advice can be given and new and/or
request of the German law enforcement authorities. The Agency hosted three
additional judicial instruments can be provided as the operations progress.
coordination meetings and facilitated the execution of several European
Investigation Orders (EIOs). Eurojust facilitated the communication, exchange Moreover, they also enable the swift exchange of information on any legal or
of information and coordination between the national authorities in real-time operational issues that may have a direct impact on ongoing operations and
during the joint action day. on the results of the action day.
Coordination meetings were crucial to the success of this operation. They In 2023, 42% of the coordination centres facilitated by Eurojust tackled
were instrumental in discussing the criminal proceedings and the results of
the execution of the EIOs. They also allowed the concerned judicial authorities
economic crime. Drug trafficking represented the next crime type for
to agree on the next steps in the exchange of information and cooperation, which the most coordination centres (seven) were organised, followed by
as well as on operational matters and logistic arrangements for the joint cybercrime, which increased from only one coordination centre in 2022 to five
action day. These essential meetings allowed judicial authorities to agree on a in 2023. One coordination centre was organised for a migrant smuggling case
common investigative strategy, on how to deal with any situations that might and environmental crime case respectively. The total number of coordination
arise during the action day and on the necessary steps to be taken following
centres organised in 2023 remained the same as in the previous year.
the operation.

EUROJUST ANNUAL REPORT 2023 | 87


Coordination centres by crime type (2020–2023) Responsiveness is essential for coordination
centres to be effective. In May 2023, Eurojust set
Coordination centres / action days a new record in the Agency’s history of organising
Crime types coordination centres by successfully setting one
2020 2021 2022 2023 up in just three days. The establishment of the
ECONOMIC CRIMES * 11 13 10 10 coordination centre was urgently requested by the
Agency’s Italian National Desk to prepare and carry
• Swindling and fraud 8 11 6 8 out an action day related to money laundering. The
action day against the organised crime group was
• Money laundering 7 5 7 6
managed in real-time from the Agency’s dedicated
• Corruption 0 0 2 0 coordination centre.

• Crimes against the financial interests of the EU (PIF crimes) 2 3 2 1 Another example of a Eurojust-supported case
that made full use of the Agency’s suite of judicial
DRUG TRAFFICKING 4 1 5 7
tools and services, including a coordination centre,
TRAFFICKING IN HUMAN BEINGS * 2 3 4 0 is the largest-ever coordinated hit against the
Italian OCG ’Ndrangheta, in May 2023. In addition
• Sexual exploitation 0 0 4 0 to establishing and funding 2 joint investigation
• Labour exploitation 1 3 0 0
teams, the Agency hosted 10 coordination meetings
and set up a coordination centre that enabled rapid
• Other 1 0 0 0 cooperation between the judicial authorities of the
10 countries involved in the action day. Thanks to
CYBERCRIME 1 5 1 5 the effectiveness and efficiency of the coordination
MIGRANT SMUGGLING 2 0 4 1 meetings and coordination centre, the action day
was successful in arresting 132 members of one of
MOBILE ORGANISED CRIME GROUPS 1 1 0 0 the world’s most powerful criminal networks (see
the case illustration in section 3.11).
TERRORISM 0 0 0 0

CORE INTERNATIONAL CRIMES 0 0 0 0

ENVIRONMENTAL CRIME 0 1 0 1

INTELLECTUAL PROPERTY CRIME 2 0 0 0

* These crime types cannot be summed up, since more than one sub-category may apply to a single case.

The data contained in this table were extracted from Eurojust's CMS on 19 January 2024. Due to the ongoing nature of cases, possible
discrepancies with previously reported numbers may exist, and statistics may be updated in the future.

88 | EUROJUST ANNUAL REPORT 2023


6.3 Resolving conflicts of jurisdiction Eurojust Report on the transfer of proceedings in the European Union

Eurojust has considerable experience in preventing and resolving conflicts In January 2023, Eurojust published its first Report on the transfer of
of jurisdiction and facilitating transfers of criminal proceedings from one proceedings in the European Union. The transfer of proceedings upholds
State to another. The Agency is uniquely placed to detect linked and parallel justice by helping to resolve issues concerning concurrent jurisdictions in
proceedings and advise the judicial authorities from the Member States relation to the same offences, while also respecting the fundamental rights of
involved on how to reach a shared decision on which State is best placed to the accused.
prosecute, based on Eurojust’s Guidelines on jurisdiction.
Despite its crucial function, there is currently no specific EU instrument
In 2023, the Agency continued to advise national authorities on which State is regulating the transfer of proceedings. Multiple legal bases apply across the
best placed to prosecute a case, how to overcome issues related to transfers of Member States involving different procedures and conditions, which poses
proceedings and how to prevent ne bis in idem issues. various challenges. The report presents the main challenges encountered in
Eurojust’s casework, as well as the best practices identified to overcome them.
Preventing infringements of the ne bis in idem principle It also outlines the main differences between national legislations concerning
procedures and requirements for transferring proceedings to another
During 2023, Eurojust continued to monitor the case-law of the European Member State.
Court of Justice (CJEU) on the ne bis in idem principle in criminal matters
(according to which a person cannot be punished twice for the same acts). Given its crucial role in assisting national authorities in preventing and
The Agency published an updated overview of the CJEU’s case-law in resolving conflicts of jurisdiction between Member States, Eurojust has
February 2024. The overview provides guidance to judicial practitioners on gained extensive experience in facilitating transfers of proceedings across
the application of the ne bis in idem principle in a transnational context. It a wide range of case types. Based on this experience, the report also offers
contains summaries of the CJEU’s judgments categorised according to a set of recommendations for practitioners and for the EU legislator, including a call
keywords that reflect the main elements of the ne bis in idem principle. Three for an EU legal instrument in this area.
judgments issued by the Court of Justice on the ne bis in idem principle in
2023 stemmed from Eurojust cases30. In June 2023, Eurojust presented the findings of its report at an expert
meeting of the European Economic and Social Committee, entrusted
In September 2023, Eurojust presented its role in resolving conflicts of with providing an opinion on the proposal for a Regulation on transfer of
jurisdiction and preventing infringements of the ne bis in idem principle in proceedings (see below).
an academic conference on ‘European law and the authority of judgments’,
organised by the University of Nantes in France.

30
Case C-365/21, Generalstaatsanwaltschaft Bamberg (Exception au principe ne bis in idem), Judgment of
23 March 2023; Case C-27/22, Volkswagen Group Italia and Volkswagen Aktiengesellschaft, Judgment of
14 September 2023 and Case C-147/22, Központi Nyomozó Főügyészség, Judgment of 19 October 2023.

EUROJUST ANNUAL REPORT 2023 | 89


EU Regulation on transfer of proceedings in criminal matters 6.4 European Arrest Warrant

In April 2023, the European Commission adopted a proposal for a Regulation In 2023, 1 259 Eurojust cases (including 450 new and 809 ongoing from
on transfer of proceedings in criminal matters, a new judicial cooperation previous years) involved European Arrest Warrants (EAWs). The overall
instrument that will be used very often in Eurojust cases in the future. The number of cases involving EAWs handled by the Agency in 2023 was similar to
proposed legislation sets out rules that govern the conditions and procedures the previous year, with a slight decrease in the number of new cases.
under which criminal proceedings initiated in one Member State may be
transferred to another Member State. In the future, the authorities of a
country will decide whether to request the transfer of proceedings on the New cases Ongoing from
Year TOTAL
basis of a list of common criteria. The Regulation also stipulates obligations involving EAWs previous years
with respect to the rights of suspects and accused persons as well as victims
2023 450 809 1 259
when deciding on a transfer.
2022 504 758 1 262
The proposal incorporates all recommendations put forward by Eurojust in
its Report on the transfer of proceedings in the European Union and explicitly
provides for an advisory role for the Agency and the EJN. The European Eurojust support to national authorities with the drafting and
Commission’s proposal addresses most of the key issues and best practices execution of EAWs
highlighted in Eurojust’s report.
During 2023, Eurojust continued to provide support and advice to national
Based on its operational expertise on transfer of proceedings, however, authorities throughout the full life cycle of the EAW, from the drafting to
Eurojust noted that some aspects of the proposal could raise practical the execution phase. Some of the recurring issues that the Agency helped
issues. On this basis, the Agency provided comments on the proposal for the national authorities to address in its casework in 2023 concerned: overlaps
consideration of both the Council and the European Parliament. This feedback and difficulties in the application of the EAW Framework Decision and the
was duly taken into consideration, and in March 2024, the Council and the Transfer of Prisoners Framework Decision; issues with return guarantees for
European Parliament reached a provisional agreement on the new law, which nationals and residents; prison conditions and the formulation of assurances;
was formally adopted by the European Parliament on 23 April 2024 and is and questions surrounding in absentia judgments. Moreover, Eurojust helped
now awaiting final adoption by the Council. address issues arising from practical difficulties in obtaining consent for the
application of the speciality rule; competing requests for surrender and/
or extradition and obtaining consent for subsequent surrender/extradition;
and cases concerning extradition of EU citizens to third countries and the
application of the ‘Petruhhin’ doctrine.

As in previous years, the chart below confirms that a very low number of
Member States notify Eurojust about cases where they cannot observe
the time limits and the reasons for this non-observance (Article 17 EAW
Framework Decision). The chart also shows that the number of cases on
competing EAWs for which Eurojust’s support is requested (Article 16(2) EAW
Framework Decision) also remains limited.

90 | EUROJUST ANNUAL REPORT 2023


One of these cases specifically addressed the issue of competing EAWs. Italy
665 had issued one EAW and Germany had issued four EAWs against the same
613 person (the requested person) in relation to different offences. The Italian
572 EAW was issued for the purpose of prosecuting money laundering by the
491 508 organised crime group, ‘Ndrangheta. Two of the German EAWs were issued
450 for the purpose of prosecuting fraud, while the other two were issued for
the purpose of executing a custodial sentence for theft and causing material
damage. The requested person was under arrest in Belgium (the executing
Member State) based on these EAWs.

The Belgian Federal Prosecution Office asked Eurojust to provide a legal


opinion on how to prioritise the Italian and German EAWs. Eurojust,
123 applying its Guidelines for deciding on competing requests for surrender
62 72 and extradition, considered the specifics of the case and decided that the
11 10 11 5 13 Italian EAW should be given priority. The seriousness of the Italian offence
5 4 5 6 was considered greater than that of the offences mentioned in the German
2018 2019 2020 2021 2022 2023 EAWs, particularly in the context of the wider Italian criminal proceedings.
Neither the higher number of offences committed in Germany, nor the
New cases involving European Arrest Warrants material damage suffered directly by the victims, were considered sufficient
Article 16 FD (multiple requests) Article 17 FD (time limit exceeded) to outweigh the gravity of the money laundering offence, which supported the
criminal activities of the ‘Ndrangheta suspects. The Belgian court followed
From a strategic perspective, Eurojust’s Judicial Cooperation Instruments Eurojust’s advice and executed the Italian EAW.
Team discussed legal issues emerging from recent Eurojust cases. They
addressed, for instance, several questions surrounding competing requests A legal note on a case involving a judgment in absentia
for surrender and extradition, including differences between Member States’
national provisions regulating this matter, the competent authorities in charge One of the topics that frequently triggers questions in Eurojust cases concerns
of the decision-making and the added value of Eurojust’s involvement in the EAWs for the purpose of executing a sentence imposed by a decision rendered
coordination process. in absentia, and the correct application of the related ground for refusal. In
one such case, Polish authorities had issued an EAW to authorities in the
An opinion on competing EAWs Czech Republic for the execution of a sentence imposed in absentia. The case
was brought to Eurojust as Polish and Czech authorities had diverging views
In the largest ever coordinated hit against the ‘Ndrangheta (the mafia-style on how to apply the optional ground for refusal under Article 4a of the EAW
organisation responsible for much of Europe’s cocaine trade), Eurojust Framework Decision (in absentia ground). The Czech authorities argued
supported the arrest of 132 members of the organised crime group (see the that surrender could be refused unless Poland provided a guarantee that the
case illustration in section 3.11). Three linked cases related to this major requested person would be entitled to a retrial. The Polish authorities took
international operation were opened at Eurojust at the request of the Italian, the view that the EAW should be executed even without such a guarantee. The
German and Belgian national authorities. analysis carried out by Eurojust led to the conclusion that the EAW should be

EUROJUST ANNUAL REPORT 2023 | 91


executed. First, one of the key conditions under the relevant legal framework 6.5 European Investigation Order
was met: the requested person was aware of the charges against him and
was represented by a lawyer at trial. Second, even if this condition were not Eurojust assisted national judicial authorities with over 6 000 cases involving
met, the same conclusion could be reached due to the existence of other an EIO in 2023. Compared to 2022, the number of new cases involving an
circumstances from which it could be concluded that surrender would not EIO handled by the Agency increased by 10%. Overall, the number of cases
infringe the rights of the defence. In the present case, the requested person, involving an EIO referred to Eurojust increased by 16% in 2023 compared to
aware of the charges against him, had chosen to avoid prosecution by fleeing the previous year.
to another Member State and preventing his summons in person, thereby
waiving his right to be present at the trial. Eurojust therefore considered that,
in line with the CJEU’s relevant case-law on this matter, surrender should New cases Ongoing from
Year TOTAL
not be refused in such cases. The Czech authorities followed the opinion of involving EIOs previous years
Eurojust and executed the EAW.
2023 2 972 3 327 6 299
Case-law by the Court of Justice of the European Union (CJEU) on the EAW
2022 2 707 2 708 5 415

Throughout the year, Eurojust monitored the relevant case-law of the CJEU,
and in October 2023 published an updated overview. This latest issue includes Eurojust support to national authorities with the drafting and
summaries of nine new judgments compared to the previous edition and a list execution of EIOs
of eight pending cases. This current edition of the case-law overview by the
CJEU on EAW now contains 77 judgments. During 2023, the Agency continued to provide support and advice to national
authorities throughout the full life cycle of the EIO, from the drafting to the
Some of the issues addressed in the recent case-law include: grounds for execution phase. For instance, Eurojust assisted in obtaining clarifications
refusal (ne bis in idem; in absentia; nationals, residents and persons staying or additional information prior to the execution of an EIO. The Agency also
in the executing Member State); human rights issues; and postponement of facilitated the execution of urgent EIOs and, in multilateral cases, often
the surrender (either for serious humanitarian reasons or due to ongoing ensured coordination between the execution of different EIOs in several
investigations against the requested person in the executing Member State). Member States.
Other issues addressed include: time limits; the speciality rule; and questions
surrounding the extradition of an EU citizen to a third country to serve a In addition, Eurojust supported several cases involving an EIO where legal
custodial sentence. or practical issues arose, such as requests for a hearing by videoconference.
Several cases showed that in some countries it is not possible to hear an
In its most recent case-law, the CJEU has underlined the importance of accused person by videoconference during the trial phase or that there are
requests for additional information before refusing an EAW to promote differences in procedures depending on the status of a person (witness,
mutual trust between the national authorities of Member States. suspect or accused). Eurojust also continued to support cases with EIOs
related to encrypted communication platforms and the cross-border exchange
of such evidence.

92 | EUROJUST ANNUAL REPORT 2023


EIO-related issues

Eurojust’s Judicial Cooperation Instruments Team discussed EIO-related legal


issues arising from Eurojust casework in 2023 and during the 10th Round
of mutual evaluation visits. For example, they examined whether the rule
of speciality also applies in the context of an EIO, as well as issues related
to the interception of telecommunications and the conditions for using Suspect arrested for laundering money obtained from world-
spontaneously exchanged information as evidence. leading ransomware attack network, Hive

Evaluating the application of the EIO CRIME: A Cypriot resident, born in Russia, is suspected of laundering money
obtained from Hive, one of the world's leading ransomware attack networks,
to the detriment of 59 French victims. Globally, Hive is accused of targeting
The EIO is the instrument evaluated in the 10th Round of mutual evaluations.
1 500 entities in 80 countries and collecting more than USD 100 million in
In 2023, Eurojust participated as an observer in all 20 of the evaluation visits ransoms. The suspect is believed to have channelled millions of dollars
organised. The remaining five visits are scheduled to take place in 2024. through his wallets.
Despite the frequent use of the EIO, the visits so far have shown that several
practical and legal challenges need to be addressed to further improve the ACTION: Thanks to Eurojust’s assistance with a swift execution of an EIO,
smooth and consistent functioning of the EIO. These issues are reflected in more than EUR 570 000 in cryptocurrency is seized during a search of
the suspect’s Cypriot home. The suspect is arrested in Paris, France on 5
Eurojust’s casework. The final report on the 10th round of mutual evaluations December 2023 by investigators from OFAC, the cybercrime unit under the
is expected to be published by the Council of the European Union in 2024. Paris Public Prosecutor's Office.

Case-law of the Court of Justice of the European Union on the EIO RESULT: On 9 December 2023, the suspect is indicted for the offences of
fraudulently accessing and remaining in an automated data processing
system, fraudulently introducing and modifying such data, obstructing the
Throughout 2023, the Agency monitored the relevant case-law of the Court
operation of such a system and laundering these offences as part of an
of Justice of the European Union. In 2024, Eurojust plans to publish the first organised gang.
edition of a related overview as a useful tool for judicial authorities.
EUROJUST’S ROLE: The case is opened at the French Desk at Eurojust, which
liaises closely with the Cypriot National Desk to facilitate the execution of
the EIO, to request a house search in Cyprus with the presence of the French
police. The Cypriot authorities are able to execute the EIO by organising and
conducing the search in less than 96 hours, leading to the suspect’s arrest and
the seizure of the cryptocurrencies.

EUROJUST ANNUAL REPORT 2023 | 93


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