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Amber Bijkerk20129696
European Criminal Law
Assingment
30-9-2021
To: Eurojust
From: Amber Bijkerk, 20129696
Date: 30-9-2021
Subject: European Criminal Law Assignment
Can Eurojust and/or EPPO be involved concerning illicit trafficking in arms?
Eurojust is an EU agency set up to stimulate investigative and prosecutorial coordination and focuses
on serious crimes with cross-border character with Europol. 1 The European Public Prosecutor Office
(EPPO) on the other hand is an independent and centralized and decentralised prosecuting office of
the Union, who investigate, prosecute and bring to judgment crimes against the EU budget such as
fraud.2
For illicit trafficking in arms. Yes, Eurojust can be involved. Because, according to Article 85 of the
TFEU in accordance with Regulation (EU) 2018/1727 Eurojust’s mission shall be “to support and
strengthen coordination and cooperation between national investigating and prosecuting authorities in
relation to serious crime affecting two or more Member States.” 34 In this case the in Italy arrested
Belgian Pierre Janssens for illicit trafficking in arms, which furthermore stands in the list of forms of
serious crime with which Eurojust is competent to deal in accordance with Article 3(1) of Annex 1. 5
1
Europa Nu, ‘European Union's Judicial Cooperation Unit (Eurojust)’ (EU monitor, n/a)
<https://www.eumonitor.eu/9353000/1/j9vvik7m1c3gyxp/vggjexyqkpgj#:~:text=The%20EU's%20Judicial
%20Cooperation%20Unit,more%20than%20one%20EU%20country> accessed 1 October 2021
2
OLAF ‘European Public Prosecutor's Office’ (European Commission European Anti-Fraud Office, 11 June 2021)
<https://ec.europa.eu/anti-fraud/policy/preventing-fraud/european_public_prosecutor_en#:~:text=The
%20European%20Public%20Prosecutor's%20Office,serious%20cross-border%20VAT%20fraud> accessed 1
October 2021
3
Treaty on the Functioning of the European Union (1958) OJ C 202, p. 81–82
4
Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the
European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council
Decision 2002/187/JHA (2018) OJ L 295, p. 138–183
5
Article 3 (1) of Annex I: ” List of forms of serious crime with which Eurojust is competent to deal in
accordance with Article 3(1):terrorism, - organised crime, - drug trafficking, - money-laundering activities, -
crime connected with nuclear and radioactive substances, - immigrant smuggling, - trafficking in human beings,
- motor vehicle crime, - murder and grievous bodily injury, - illicit trade in human organs and tissue, -
kidnapping, illegal restraint and hostage taking, - racism and xenophobia, - robbery and aggravated theft, -
illicit trafficking in cultural goods, including antiquities and works of art, - swindling and fraud, - crime against
the financial interests of the Union, - insider dealing and financial market manipulation, - racketeering and
extortion, - counterfeiting and product piracy, - forgery of administrative documents and trafficking therein, -
forgery of money and means of payment, - computer crime, - corruption, - illicit trafficking in arms,
ammunition and explosives, - illicit trafficking in endangered animal species, - illicit trafficking in endangered
plant species and varieties, - environmental crime, including ship source pollution, - illicit trafficking in
hormonal substances and other growth promoters, - sexual abuse and sexual exploitation, including child
abuse material and solicitation of children for sexual purposes, - genocide, crimes against humanity and war
crimes.”
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