Decision 2008/976 - European Judicial Network - Main contents
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official title
Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2008/976 |
| CELEX number i | 32008D0976 |
| Document | 16-12-2008 |
|---|---|
| Publication in Official Journal | 24-12-2008; Special edition in Croatian: Chapter 19 Volume 008,OJ L 348, 24.12.2008 |
| Effect | 24-12-2008; Takes effect Date pub. See Art 15 |
| End of validity | 31-12-9999 |
24.12.2008 |
EN |
Official Journal of the European Union |
L 348/130 |
COUNCIL DECISION 2008/976/JHA
of 16 December 2008
on the European Judicial Network
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 31 and 34(2)(c) thereof,
Having regard to the initiative of the Kingdom of Belgium, the Czech Republic, the Republic of Estonia, the Kingdom of Spain, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic and the Kingdom of Sweden,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
By Joint Action 98/428/JHA (2), the Council set up the European Judicial Network which has demonstrated its usefulness in the facilitation of judicial cooperation in criminal matters. |
(2) |
In accordance with Article 6 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (3), mutual legal assistance takes place through direct contacts between competent judicial authorities. This decentralisation of mutual legal assistance is now widely implemented. |
(3) |
The principle of mutual recognition of judicial decisions in criminal matters is being implemented gradually. It not only confirms the principle of direct contacts between competent judicial authorities, it also accelerates the procedures and makes them entirely judicial. |
(4) |
The impact of these changes on judicial cooperation was further increased by the enlargement of the European Union in 2004 and 2007. Because of this evolution, the European Judicial Network is even more necessary than at the time of its creation and should therefore be strengthened. |
(5) |
By Decision 2002/187/JHA (4), the Council set up Eurojust to improve coordination and cooperation between competent authorities of the Member States. Decision 2002/187/JHA provides that Eurojust is to maintain privileged relations with the European Judicial Network based on consultation and complementarity. |
(6) |
Five years of coexistence of Eurojust and the European Judicial Network have demonstrated both the need to maintain the two structures and the need to clarify their relationship. |
(7) |
Nothing in this Decision should be construed to affect the independence that contact points may have under national law. |
(8) |
It is necessary to strengthen judicial cooperation between the Member States and to allow contact points of the European Judicial Network and Eurojust for this purpose to communicate, whenever needed, directly and more efficiently through a secure telecommunications connection. |
(9) |
Joint Action 98/428/JHA should therefore be repealed and replaced by this Decision, |
HAS DECIDED AS FOLLOWS:
Article 1
Creation
The network of judicial contact points set up between the Member States under Joint Action 98/428/JHA, hereinafter referred to as the ‘European Judicial Network’, shall continue to operate in accordance with the provisions of this Decision.
Article 2
Composition
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1.The European Judicial Network shall be made up, taking into account the constitutional rules, legal traditions and internal structure of each Member State, of the central authorities responsible for international judicial cooperation and the judicial or other competent authorities with specific responsibilities within the context of international cooperation.
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2.One or more contact points of each Member State shall be established in accordance with its internal rules and internal division of responsibilities, care being taken to ensure effective coverage of the whole of its...
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