The creation of a European public prosecutor’s office is not likely to happen any time soon, especially as long as justice remains subject to the rule of unanimity by the 27 member states, in the absence of the new Lisbon Treaty. Even after a switchover to qualified majority, such a decision is likely to encounter resistance.

Under the impetus of the French EU Presidency, however, the slow maturation of the European judicial area, for both penal and civil matters, is picking up speed. At the Justice Council, on 25 July, Paris secured a political agreement on the reinforcement of Eurojust, the EU body that brings together 27 national judges (or high-level prosecutors), along with a “general approach” to the consolidation of the European Judicial Network for criminal matters. These reforms are “anything but negligible,” according to the experts.

Eurojust, set up in 2002 to enhance the effectiveness of the member state authorities when they deal with serious forms of cross-border organised crime (terrorism, fraud, trafficking in human beings, etc), has been given new powers.

Emphasis is placed on operational capacity, particularly for the joint investigation teams (enabling judges and investigators from different member states to work together directly on the same case and to carry out joint investigations). Under the political agreement, this cooperation will no longer be limited to the coordination of investigations and prosecution. Eurojust members will be able to take special investigative measures, have better access to national criminal records and participate in joint investigation teams. Eurojust may even in the future settle conflicts of jurisdiction between member states. Lastly, the EU will reinforce its judicial cooperation with third countries by enabling Eurojust to place liaison judges on secondment in these countries.

On the European Judicial Network in civil and commercial matters, which has created ‘contact points’ between national judges, the main innovation proposed by the Commission resides in opening up the network to the legal professions (barristers, solicitors, bailiffs), with the backing of the Council of Bars and Law Societies of Europe (CCBE). Some countries have already taken the lead, Belgium, for example, with its integration of the Chamber of Bailiffs, and France, with its Higher Council of Solicitors.

There is nevertheless the problem of “a growing number of judicial cooperation bodies in Europe,” notes Jean-Luc Warsmann, chairman of the French Senate’s Committee on Laws. “More exhaustive cooperation” between the different networks would significantly boost the effectiveness of legal cooperation, he maintains. In any case, that is the aim of the reforms the French EU Presidency hopes to push through by the end of December.