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EUROJUST

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. Legal basis. “Pro-Eurojust” December 2000

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EUROJUST

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  1. EUROJUST Veronika Keller Seconded National Expertfor the National Memberfor Germany (Eurojust)

  2. Development • Internationalization of crime rate • Traditionally efficient cooperation on police level • Establishment of EUROPOL 1995

  3. 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

  4. Eurojust Building in The Hague

  5. 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

  6. 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

  7. 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)

  8. 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

  9. Eurojust and Third States • Eurojust Agreements with: • NOR (Liaison prosecutor) • ICE • US (Liaison prosecutor) • CRO (Liaison prosecutor) • CH • FYROM • Negotiations ongoing with • Russia • Liechtenstein

  10. Tasks of Eurojust acting through NM Article 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)

  11. Tasks of Eurojust acting as a College Article 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)

  12. 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

  13. 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 canbecontactedbyjudicialauthorities in informal way

  14. How does Eurojust work Eurojust Rules of Procedure • Level I • Level II • Level III – Coordination meeting

  15. Meeting of the College of Eurojust

  16. 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

  17. 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

  18. 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 - translation and interpretation costs - loan of laptops with secure connection, secure mobile phones

  19. 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)

  20. 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

  21. www.eurojust.europa.eu

  22. Thank you

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