Europol, joint teams and what they can actually do
People arrested in a cross-border drug case are frequently told that Europol is investigating them. Europol does not investigate anyone in that sense: it has no executive powers, cannot arrest, cannot search and cannot compel anything. It supports national authorities — and knowing exactly what it did and did not do matters to the defence.
Who does what
| Body | Powers | What it means for you |
|---|---|---|
| Europol | Analysis, intelligence, coordination — no executive powers | It cannot arrest, search or compel |
| Eurojust | Coordination between prosecuting authorities | Resolves conflicts of jurisdiction |
| National authorities | All coercive powers | Every arrest and search is theirs |
| Joint investigation team | An agreement between two or more states | Evidence moves inside it directly |
| European Investigation Order | A request from one state to another | With limited grounds for refusal |
| Frontex | Border management support | Not a criminal investigation body |
The joint investigation team
A joint team is set up by agreement between two or more member states, for a defined purpose and period, with officers from each participating directly in the other's territory. Its practical effect is that information gathered in one state can be used in the other without a formal request each time.
For the defence that changes the questions. Instead of asking whether a request was properly executed, you ask what the agreement says: which states are parties, what the team was set up to investigate, what powers the seconded officers had, and whether material was shared beyond its scope.
- The agreement itself defines the scope and should be disclosed in substance.
- Which law applied to a given investigative act — that of the state where it took place.
- Whether the act would have been lawful in the state now using the evidence.
- Whether material travelled beyond the purpose for which the team was created.
- Whether the defence in each state has the same file, which it frequently does not.
Evidence obtained abroad
The recurring issue in these cases is material gathered under one country's rules and used under another's. That is lawful in principle, but it raises questions that are rarely asked and occasionally decisive: whether the method used would have been permitted here, whether authorisations existed, and what the defence has been given to test it.
The most litigated example in Europe remains the encrypted messaging platforms, where the underlying interception took place in one state and the material was used in dozens. The framework is in the guide on trafficking association charges and, on the transfer mechanisms, in the guide on cross-border investigations.
Being prosecuted in two of the participating states
Coordinated investigations regularly produce parallel proceedings, and a final decision in one member state can bar prosecution in another for the same acts. It has to be raised, with the foreign decision produced and translated, and the framework is in the guide on double prosecution.
Frequently asked questions
Is Europol investigating me?
Europol has no executive powers: it cannot arrest, search or compel. Every coercive act in your case was carried out by a national authority.
What is a joint investigation team?
An agreement between two or more states, for a defined purpose and period, allowing officers to participate directly and evidence to move without a formal request each time.
Evidence was gathered in another country.
That is lawful in principle, but whether the method would have been permitted here, and what the defence has been given to test it, are live questions.
Can I be prosecuted in two of the countries?
Not for the same acts once a final decision exists in one of them, but the point must be raised with the foreign decision produced and translated.
If several countries are involved
Establishing which authority did what, under which rules, is the first piece of work and it is rarely done. First contact is free and covered by professional privilege.