Cooperation of Europol and Eurojust with external partners in the fight against crime: a legal appraisal

The paper addresses the cooperation of Europol and Eurojust with external partners in the fight against crime. Like other EU Justice and Home Affairs agencies, Europol and Eurojust take part in the EU’s efforts to promote and strengthen cooperation with third countries and international organisations in criminal matters. The tools and expertise they developed to fulfil their internal mandate make them interesting and valuable partners with whom to cooperate. Their external activities are essential in the current criminal landscape, marked by the globalisation of crime and the necessity to conduct cross-border investigations and prosecutions involving non-EU countries. The paper discusses the recently revised legal frameworks organising the modalities of Europol and Eurojust’s external cooperation. The revision was necessary to modernise their frameworks following the entry into force of the Lisbon Treaty and to come to a greater degree of harmonisation. The two agencies face two challenges that may limit their external activities: 1) the diversity in their relations with external partners, and 2) the need to ensure an appropriate balance between efficient cooperation and protection of fundamental rights. Concerning the latter, mechanisms of political and judicial accountability are particularly important to monitor the agencies’ external activities and to ensure that fundamental rights are upheld.