European Agencies for Criminal Justice and Shared Enforcement (Eurojust and the European Public Prosecutor’s Office)

Abstract

European agencies are playing an increasing role in the criminal judicial area. When it comes to the applicable law for their investigative acts, the picture is not that European, but rather a vague mix of some European and mostly national law. This results not only in great legal uncertainty as to the enforcement powers that can be used and their modalities, but also to increasing conflicts of law when it comes to the applicable safeguards and judicial review in the common area of freedom, security and justice (AFSJ). How should shared enforcement in this area be designed and implemented in order to achieve the goals of the AFSJ (effective crime control in conformity with human rights)?