Frictions on Cross Border Cooperation in Criminal Matters Involving Terrorism Threats – Romanian Standpoint

ABSTRACT: In countering terrorist crimes, European organizations with police and judicial jurisdiction have emerged as key players in this field, although often being found on a competitive institutional battleground, especially this being the case of Europol and Eurojust. The methods we used consist in a detailed analysis of applicable European provisions, established doctrine, standpoints, press releases and official statistics, and last but not least the presentation of a well-grounded opinion on the reported disagreements. Through the reform to which Europol is currently undergoing, the Agency is self developing as a central element of the European internal security architecture in conducting investigations and operational actions. We emphasize the tendency to widen the competencies of the European Prosecutor's Office, whose duties are likely to overlap with those of Eurojust, and although Eurojust does not have the vocation of a genuine indictment body, according to the EU Treaty, the European Prosecutor's Office may be established from Eurojust, hence under its oversight. Europol is willing to take on the role of managing EU-wide operational counter-terrorism activities, but as for Eurojust, the measures needed to strengthen the Union's response to terrorist threats can only be implemented by creating a framework narrative in which the European Prosecutor's Office is directly subordinated to Eurojust.

KEYWORDS: Europol, Eurojust, cooperation, jurisdiction