The Development of Eurojust: Potential and Limitations of Article 85 of the TFEU

Abstract

This article first underlines the contributions and limitations of the revised Eurojust Decision of 16 December 2008 and of the Framework Decision of 30 November 2009 on prevention and settlement of conflicts of jurisdiction. It then presents a detailed analysis of the contents of Article 85, paragraph by paragraph, and of its potential. Several passages of this provision, resulting from difficult compromises, are quite ambiguous and raise numerous questions. The opened prospects remain limited because, unlike Article 86 TFEU, the centre of gravity for investigations and prosecutions would not be transferred at EU level. However, Article 85 offers concrete possibilities to transform Eurojust from a simple mediator and player at horizontal cooperation level to a player with binding operational powers at vertical integration level. Such transformation explains why the implementation of Article 85 is quite sensitive in terms of national sovereignty and given the discrepancies between national systems. The question is whether Member States are now ready to accept such development and exploit the possibilities set out in Article 85.