A JOINT INVESTIGATION TEAM (JIT) is an investigation team set up on the basis of an agreement between two or more Member States and/or other parties, for a specific purpose and limited duration. (Joint Investigation Team Manual – Council of the EU, 2011)
• Ability to share information directly between JIT members without the need for formal requests;
• Ability to request investigative measures between team members directly, dispensing with the need for Letters Rogatory. This applies also to requests for coercive measures;
• Ability for members to be present at house searches, interviews, etc. in all jurisdictions covered, helping to overcome language barriers in interviews, etc;
• Ability to co-ordinate efforts on the spot, and for informal exchange of specialised knowledge;
• Ability to build and promote mutual trust between practitioners from different jurisdictions and work environments;
• A JIT provides the best platform to determine the optimal investigation and prosecution strategies;
• Ability for Europol and Eurojust to be involved with direct support and assistance;
• Ability to apply for available EU, Eurojust or Europol funding;
• Participation in a JIT raises awareness of the management and improves delivery of international investigations.
• In cases of modern slavery/human trafficking, setting up a JIT results from the necessity to investigate and tackle simultaneously and in a coordinated manner the criminal activities carried out in the country of origin, transit and exploitation;
• It is not the seriousness of the crime that determines whether a JIT should be established, but rather the crime’s international and cross-border dimension;
• A request to set up a JIT is sent directly to the competent authorities of the Member States involved either through the Europol/Eurojust channels or via their liaison officers posted within the respective jurisdictions;
• When considering a JIT, it is recommended that investigators, prosecutors and/or judges from Member States, and delegates from Europol and Eurojust, meet ‘round table’ to discuss the relevant matters at the earliest opportunity, before any formal process or agreement is prepared;
• The initial meeting could be facilitated logistically and funded within the Europol / Eurojust framework in the Hague, Netherlands;
• A JIT could be initiated/requested by one of Member States Involved but also by Europol or Eurojust;
• The setting up of a JIT and the results/outcomes must always be notified to Eurojust (art 13(5) of the Eurojust Decision);
• Intelligence obtained and deemed suitable to organise a bilateral/multi-lateral investigation with other EU Member States and/or Third Parties;
• Early engagement, via the channels of police cooperation, is advisable with the view of gauging suitability, establishing if the criminal activities of the OCN are known in Romania and informally obtaining agreement to set up a JIT; as a matter of policy, Romania judiciary requires that a formal investigation is already ongoing in Romania before agreeing to participate in a JIT;
• Operation is discussed with the Force Intelligence Unit/ International Liaison officer, the JIT template completed by the investigating unit and sent to Force Intelligence Unit/ International Liaison;
• Communication with the CPS Special Case Lawyer;
• UK Europol Desk at the Hague will approach the Romanian Desk at Europol and will facilitate a preliminary JIT meeting;
• Meeting at Eurojust with representatives of the other Member States/Third Parties, where JIT is signed and Operational Action Plan agreed. JIT commences from date of signing but can be retrospective to cover previous operational activity;
• Funding is approved but further funding applications could be made throughout the JIT if required;
• JIT Leader(s): usually, the representative(s) of the competent authority of the State of operation – a public prosecutor, a judge or a police/customs officer;
• Team members: carrying out its operations in accordance of the law of the State of operation;
• Seconded Members: members to the team from the MS other than the State of operation;
• Participants: Persons other than the representatives of the competent authorities of the MS setting up the team (Eurojust, Europol, non-EU States);
• Can participate in JITs, separately as well as jointly;
• Can initiate JITs;
• Provide legal advice as well as expertise from prior JITs in the preparatory assessment & negotiation phase;
• Assist in the administrative management of a JIT;
• Assist in and advise on obtaining funding;
• Provision of analytical support;
• Facilitation of exchange of information;
Providing technical and financial support to JITs is part of Eurojust’s mission to stimulate and improve the coordination of investigations and prosecutions in cross-border criminal cases. This funding programme ensures that financial and other organisational constraints linked to the cross-border nature of a case do not hinder the establishment and operational needs of a JIT
Financial support – What is covered?
Costs of cross-border operations:
• Travel and accommodation;
• Interpretation and translation;
• Transport of evidence/ seized items;
Logistical support:
• Loan of smartphones, laptops, mobile scanners & printers;
• Communication costs included;
DOWNLOAD A MODEL AGREEMENT FOR SETTING UP A JIT
BEST PRACTICES Previous JITs with ROMANIA
Convention (2010) on Mutual Assistance in Criminal Matters
COUNCIL FRAMEWORK DECISION (2002) on JITs
Eurojust JITs Funding Process / Infographics