New Possibilities for Information Exchange in Terrorism Cases
On 31 October 2023, Regulation (EU) 2023/2131 amending Eurojust Regulation (EU) 2018/1727 as regards digital information exchange in terrorism cases entered into force. Through the amended Regulation, Eurojust may now establish a modern Case Management System (CMS) to store operational information as well as a secure digital communication channel between Member States and Eurojust. Cooperation with third countries can be enhanced by granting Liaison Prosecutors direct access to the CMS.
In addition, Member States can now transmit information on ongoing and concluded terrorism cases to the European Judicial Counter-Terrorism Register (CTR), regardless of whether there is a known link to another Member State or a third country. The register, which was launched in 2019 (→ eucrim 3/2019, 167), aims to establish links between suspects and terrorist networks and ongoing and past investigations across the EU. It is managed by Eurojust on a 24-hour basis.
With the entry into force of Regulation (EU) 2023/2131, the provisions on sharing information with Eurojust have been removed from Council Decision 2005/671/JHA and instead included in the Regulation. Regulation (EU) 2023/2131 also sets out provisions for the initial transmission of information and for updates, acquittals, decisions not to prosecute, categories of data to be transmitted, derogations, data retention, handling codes, and follow-up actions by Eurojust. It also defines the role and tasks of the Eurojust national correspondents in terrorism matters. A summary of the digital information exchange in terrorism cases through the CTR is provided in this leaflet.