Transcript EUROJUST - Working with Liaison Magistrates, The EJN

EUROJUST
Veronika Keller
Seconded National Expert for the National Member for
Germany (Eurojust)
Development
• Internationalization of crime rate
• Traditionally efficient cooperation on
police level
• Establishment of EUROPOL 1995
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Legal basis
• “Pro-Eurojust” December 2000
• Eurojust formal creation: Council Decision
2002/187/JHA of 28 February 2002 setting up
Eurojust with a view to reinforcing the fight against
serious crime
• New Eurojust Decision: Council Decision
2009/426/JHA of 16 December 2008 on the
strengthening of Eurojust
• EU Agency
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Eurojust Building in The Hague
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Objectives - Mandate
Article 3 of Eurojust Decision
• To stimulate and improve coordination between the
competent authorities of the MS
• To improve cooperation between the competent authorities
of the MS
• To support otherwise the competent authorities of the MS
Concerning investigations and prosecutions when two or
more MS are concerned in relation to serious crime
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Composition
• College vs. Administration
• College consists of 27 National Members (one from
each MS) + Deputies + Assistants + Seconded
National Experts
• National Members are Judges, Prosecutors or
Police Officers with equivalent powers (in line with
legal system of Member State)
• GE (as most of MS): NM is a senior prosecutor
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Who are the partners of Eurojust?
• Domestic authorities dealing with criminal matters,
mainly judicial authorities (Court, PPO), but also police,
financial and customs authorities
• European Judicial Network - EJN
• Europol
• OLAF (European Anti-Fraud Office)
• Contact Points in Third States (Eurojust data protection
rules governing exchange of personal data)
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Eurojust and Third States
• Contact points in Turkey
– Mr. Mustafa Dönen
MoJ /General Directorate for International
Law and Foreign Relations
- Mr. Mehmet Ari
MoJ /General Directorate for International
Law and Foreign Relations
- Mr. Yavuz Aydin
MoJ/Directorate General for the EU
- Mr. Sinan Yilmaz
MoJ/Directorate General for the EU
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Eurojust and Third States
• Eurojust Agreements with:
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NOR
ICE
US
CRO
CH
FYROM
(Liaison prosecutor)
(Liaison prosecutor)
(Liaison prosecutor)
• Negotiations ongoing with
– Russia
– Liechtenstein
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Tasks of Eurojust acting through NM
Article 6
• May ask the competent authorities of the MS
to undertake investigation or prosecution
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to accept that one of them may be in a better position to
investigate or prosecute
coordinate between the competent authorities of the MS
set up a JIT
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MS to provide any information that is necessary
• Shall ensure information exchange on investigations and
prosecutions
• Shall assist in ensuring coordination
• Shall give assistance in order to improve cooperation
• Shall cooperate and consult with the EJN
• Shall assist investigations and prosecutions concerning only
one MS and a third state or the community (agreement of the
College)
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Tasks of Eurojust acting as a College
Article 7 par 1
• May ask the competent authorities of the MS
to undertake investigation or prosecution
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to accept that one of them may be in a better position to
investigate or prosecute
coordinate between the competent authorities of the MS
set up a JIT
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MS to provide any information that is necessary
• Shall ensure information exchange on investigations
and prosecutions
• Shall assist in ensuring coordination
• Shall give assistance in order to improve cooperation
• Shall cooperate and consult with the EJN
• May assist Europol
• May supply logistical support (coordination meetings)
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Tasks of Eurojust acting as a College
Article 7 par 2
• Where NM cannot agree on how to solve a conflict of
jurisdiction the College of Eurojust shall issue an nonbinding opinion
Article 7 par 3
• A competent authority of a MS may report to Eurojust
recurrent refusals or difficulties and request the College
to issue a written non-binding opinion
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How does Eurojust work
Eurojust is a permanent body with seat in The Hague/NL
What does this mean for the daily work:
• Possibility to meet on a daily basis
• Possibility to have direct contacts (discussions)
• One working language (English)
• Non burocratic and flexible cooperation
• Spontaneaous and informal communication
• National Members can be contacted by judicial
authorities in informal way
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How does Eurojust work
Eurojust Rules of Procedure
• Level I
• Level II
• Level III – Coordination meeting
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Meeting of the College of Eurojust
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Coordination meetings
• Coordination - communication facilitated by Eurojust
• Coordination meetings
hosted by Eurojust – on exception at another place
direct personal contact between representatives of judicial
and police authorities of the involved countries
financial support by Eurojust
- travel and accomodation costs of participants
- simultaneous translation
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involvement of Europol (AWF) and OLAF
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Coordination meetings
• Simultaneous interpretation
• Possibility to hand over documents
• Informal information on the state of proceedings (to
prepare possible later tailor-made LoRs)
• Verification of requirements for MLA
• Development of a joint strategy (who
investigates/prosecutes what)
• Discussion JIT
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Joint Investigation Teams
• FD on Joint Investigation Teams of 13 June 2002
• Eurojust and Europol “ Guide on EU Member States’
Legislation on JIT’s” – presented in November 2006
• Yearly meetings of the JITs National Experts
• Possibility for EU funding
Agreement between Eurojust and the European
Commission to allow for financial and logistical support
of JITs
travel and accomodation costs
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translation and interpretation costs
loan of laptops with secure connection, secure mobile
phones
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Eurojust case involving JIT
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Multilateral case involving three MS
JIT was agreed between country A and B
Jit was agreed between country A and C
Eurojust was asked for coordination
discussion of problems
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information exchange
clarification of expectations
obstacles could be solved
One JIT between A, B and C
Eurojust became Member of the JIT
JIT fundings
JIT also possible with Third States (2nd Protocol to CoE
MLA Convention)
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Future of Eurojust
• Council Decision of 16 December 2008 on the strengthening
of Eurojust 2009/426/JHA
• Came into force on 04 June 2009
• Implementation in the MS no later than 04 June 2011
• Main aims
- Strengthening of the powers of National Members
- On-Call Coordination (OCC)
- Eurojust National Coordination System (ENCS)
- Information Exchange
- Strengthening of External Relations/Liaison Magistrates
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www.eurojust.europa.eu
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Thank you
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