Eurojust/EJN: Impact of COVID-19 on Judicial Cooperation in Criminal Matters
The EJN and Eurojust compile and regularly update information on the impact of measures taken by governments to combat the spread of COVID-19. This extends to judicial cooperation in criminal matters in the European Union (and Iceland and Norway) and to the way forward. The documents are made publicly available in the Council’s document register under the number “7963/2020.” They describe how the following major EU instruments on judicial cooperation in criminal matters are applied in practice during the Corona crisis:
- The Framework Decision on the European Arrest Warrant;
- The Directive on the European Investigation Order;
- The Framework Decision on the transfer of sentenced persons;
- The Framework Decisions on confiscation and freezing orders,
The reports, inter alia, point out difficulties in carrying out the actual surrender of persons under the EAW scheme and the effects of the work of judicial authorities on the execution of EIOs and MLA requests.
The table presents the collected responses of EU Member States to the following questions:
- Whether the surrenders and transits of persons under the Framework Decision on the European Arrest Warrant (2002/584/JHA) are possible;
- Whether transits of persons under the Framework Decision on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement (2008/909/JHA) are possible;
- Whether European Investigation Orders and other requests for mutual legal assistance are executed in emergency cases only.
Eurojust, the European Judicial Network and the Commission regularly inform the JHA Council about the state of play as regards the impact of COVID-19 on the EU’s area of justice.