EUROJUSTEUROJUST

Veronika KellerVeronika Keller

Seconded National Expert for the National Member for Seconded National Expert for the National Member for Germany (Eurojust)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 AriMoJ /General Directorate for International Law and Foreign Relations

- Mr. Yavuz AydinMoJ/Directorate General for the EU

- Mr. Sinan YilmazMoJ/Directorate General for the EU

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Eurojust and Third States

• Eurojust Agreements with:– NOR (Liaison prosecutor)– ICE– US (Liaison prosecutor)– CRO (Liaison prosecutor)– CH– FYROM

• Negotiations ongoing with– Russia– Liechtenstein

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Tasks of Eurojust acting through NMArticle 6

• May ask the competent authorities of the MS - to undertake investigation or prosecution

- 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

- 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) 10

Tasks of Eurojust acting as a CollegeArticle 7 par 1

• May ask the competent authorities of the MS - to undertake investigation or prosecution

- 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

- 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 non-binding 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 workHow does Eurojust work

Eurojust is a permanent body with seat in The Hague/NLWhat does this mean for the daily work: What does this mean for the daily work: • Possibility to meet on a daily basisPossibility to meet on a daily basis

• Possibility to have direct contacts (discussions)Possibility to have direct contacts (discussions)

• One working language (English)One working language (English)

• Non burocratic and flexible cooperationNon burocratic and flexible cooperation

• Spontaneaous and informal communicationSpontaneaous and informal communication

• National Members can be contacted by judicial authorities National Members can be contacted by judicial authorities in informal wayin 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

- 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 fundingAgreement between Eurojust and the European Commission to allow for financial and logistical support of JITs- travel and accomodation costs- translation and interpretation costs- loan of laptops with secure connection, secure mobile

phones

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Eurojust case involving JIT

• 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- 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)19

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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