On 25 June 2026, the Council of the European Union published a Commission staff working document containing a subsidiarity grid that accompanies a proposal to revise the Eurojust Regulation, concluding that EU action is necessary and proportionate for all Member States. The document, which will be discussed at a Council meeting on 23 July 2026, argues that only EU-level action can effectively address transnational serious crime without replacing national competences.
The subsidiarity grid accompanies a Commission proposal to repeal Regulation (EU) 2018/1727 and establish a new legal framework for the European Union Agency for Criminal Justice Cooperation (Eurojust). The legal basis is Article 85 TFEU, a shared competence under Article 4(2)(j) TFEU. The Commission conducted extensive consultations: a Call for Evidence from 28 October to 3 December 2025 (42 replies), a public consultation from 3 December 2025 to 24 February 2026 (20 replies), an online survey until 4 March 2026 (429 replies), 115 interviews, plus expert workshops and Council meetings.
The subsidiarity justification states that Member States alone cannot achieve the objectives because cross-border crime is inherently transnational, and national action risks fragmentation, delays, and weakened collective capacity. The problem is widespread across all Member States, not limited to a few. The EU added value lies in Eurojust creating economies of scale by pooling expertise, supporting Joint Investigation Teams, avoiding duplication, and assisting less-resourced Member States. The agency does not replace national authorities or reduce their competences.
Regarding proportionality, the Commission states that the preferred option complies with Article 5(4) TEU, and the measures selected were the most proportionate and feasible. The regulation leaves flexibility for Member States on the allocation of powers to National Members.
Stakeholder impact The revision primarily affects EU Member States' judicial authorities, which will benefit from enhanced coordination and support in cross-border investigations but may need to adjust national procedures to align with the new framework. Eurojust itself will see its mandate clarified and potentially expanded, requiring operational adjustments. Legal professionals and defence lawyers may face a more streamlined but potentially faster judicial cooperation environment. Civil society organisations focused on justice and fundamental rights will monitor the balance between efficiency and safeguards.
Institutional follow-up The Council is scheduled to discuss the proposal on 23 July 2026. The European Parliament will subsequently consider the file under the ordinary legislative procedure, with the LIBE committee likely taking the lead. The regulation, once adopted, will repeal the existing 2018 Eurojust Regulation.