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EUROJUST - An Overview Background, Structure and Work

EUROJUST - An Overview Background, Structure and Work. Regional Expert Workshop on International Co-operation on Counter Terrorism, Corruption and the fight against Transational Organised Crime 7 – 9 March 2005 Rajka Vlahovic. A Short History.

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EUROJUST - An Overview Background, Structure and Work

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  1. EUROJUST - An Overview Background, Structure and Work Regional Expert Workshop on International Co-operation on Counter Terrorism, Corruption and the fight against Transational Organised Crime 7 – 9 March 2005 Rajka Vlahovic

  2. A Short History • Provisional ‘Pro-Eurojust’ from 1 March 2001. • Eurojust Decision – Eurojust’s constitutional and legal foundation. – Agreed in December 2001 and published on 28 February 2002. – Definitive ‘Eurojust’ since May 2002. • Preparatory work: – Rules of Procedure – Appointment of Administrative Director – Budget 2002 & 2003 – Move to The Hague December 2002

  3. THE BUILDING FOR EUROJUST & INTERNATIONAL CRIMINAL COURT

  4. What is Eurojust ? • A group of 25 EU prosecutors / judges • One nominated by each Member State • Aim - • ‘to deal more effectively with serious cross border crime, particularly when it is organised, and involves two or more Member States’- JHA Council Decision of 14 December 2000

  5. Austria Belgium Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Ireland Ulrike Haberl-Schwarz - Vice President Michèle Coninsx Katerina Loizou Pavel Zeman Johan Reimann Raivo Sepp Maarit Loimukoski Francois Falleti Hermann von Langsdorff Stavroula Koutoulakou Ilona Lévai Jarlath Spellman Eurojust - Membership (1)

  6. Italy Lithuania Latvia Luxembourg Malta The Netherlands Poland Portugal Slovakia Slovenia Spain Sweden UK Cesare Martellino Rolandas Tilindis Gunars Bundzis Georges Heisbourg Silvio Camilleri Roelof-Jan Manschot – Vice President Jerzy Iwanicki Jose-Luis Lopes da Mota Peter Paluda Barbara Brezigar Ruben Jimenez Fernandes Solveig Wollstad Mike Kennedy - President of the College Eurojust - Membership (2)

  7. Why Eurojust? • To improve action against cross border crime, • Existing Mutual Legal Assistance & Extradition arrangements often lengthy and uncertain. • Alternative to the European Prosecutor option.

  8. Aims • Improve co-operation between Competent Authorities in Member States • Bring better co-ordination of cross-border investigations and prosecutions • Exchange of information • To make recommendations to change laws to improve MLA & Extradition arrangements • To build bridges between different legal systems

  9. Eurojust Provides • Easy access to a range of MLA expertise. • Link to a network of operational investigators & prosecutors across Europe and beyond. • A useful source of information on the EAW… blockages …JIT’s …certain types of crime etc. • Facilities to co-ordinate transnational cases. • conference and meeting rooms • translators • Possible exercise of powers.

  10. Eurojust has Powers • Power to make formal requests: • By an individual Eurojust Member • OR • By the “College” (all 25 Eurojust members) • What if Competent Authority of a Member State decide not to comply with a request from Eurojust? • No sanction but must give reasons …….. “ …except if it will harm essential national security or jeopardise the success of current investigations or safety of individuals” • Report on failures in Annual Report.

  11. Eurojust’s Powers • Power to request authorities in Member States : • to investigate or prosecute specific acts • to accept that one country is better placed to prosecute than another • to co-ordinate with one another • to set up a Joint Investigation Team • to provide Eurojust with any information necessary to carry out its tasks.

  12. Key Partners • Domestic Competent Authorities • EJN (European Judicial Network) • Europol • Liaison Magistrates • OLAF (Office pour la Lutte Anti-Fraude) • EU Candidate Countries • Other Countries Contact Points: • USA, Norway, Canada, Switzerland, etc.

  13. The work pattern of the Unit • English is the working language • Plenary sessions – assembled together as a centralised unit • Dealing with case referrals – the “Tour de Table” • Committee work • Bi-lateral meetings • Domestic work days

  14. Working at Different Levels • Level 1 • Plenary Meeting of all 25 National Members • Twice each week • Level 2 • Only those national members involved in a case • Level 3 • Investigators & prosecutors dealing with a case

  15. HI-TECH MEETING ROOMS AND TRANSLATION FACILITIES

  16. Strategic Meetings • A forum where experts and practitioners can meet and discuss : • Terrorism • Trafficking in human beings • Trafficking in drugs • Money laundering • Fraud

  17. The EAW • Framework Decision gives Eurojust 2 specific tasks. • Art.16-- advice in cases of competing claims • Art.17 – to be informed where time limits for execution are not met. • Case referrals

  18. Focus • Focus on key, cross border criminal conduct. • Meetings [Casework & Strategic] • Co-ordination • Role in EAW, JIT’s. • Influencing the law makers. • Identifying blockages, recommendations to improve.

  19. Terrorism - EU Council Initiatives • Council Common Position on combating terrorism - 27 December 2001 • Council Common Position on application of specific measures to combat terrorism - 27 December 2001 - updated in common position 22 December 2003 • Council Regulation – restrictive measures against certain persons & entities - 27 December 2001 • Council Common position – restrictive measures against Osama bin Laden & Al-Qaeda - 27 May 2002 • Council Framework Decision on combating terrorism - 13 June 2002

  20. Terrorism - EU Council Initiatives 2 • 6. Council Decision on evaluation of national systems and implementation in fight against terrorism • - 28 November 2002 • 7. Council Decision on implementation of measures for police and judicial co-operation • - 19 December 2002 • 9. Council Framework Decision on execution in EU of orders freezing property & evidence • - 22 July 2003 • 9. Common Position on combating terrorism • - 22 December 2003 • 10. Council Declaration on combating terrorism • - 25 March 2004

  21. Eurojust • Operational Meetings - Al-Aqsa Charity fraud - EU Letter Bombs - Madrid bombing • Strategic Meetings on Terrorism Eurojust Annual Report 2003 - JHA Council 29 April 2004 - Eurojust report to JHA Council by end May • Team Terrorism • Scoreboard - Action Plan

  22. Strategic Meeting TerrorismJune 2004 • Focus on Networking of National Correspondents and Leading Magistrates Terrorism • Guidelines related to Council Decision of December 19 2002: Terrorism Information Exchange • Overview of Relevant Terrorist Cases in EU • Bilateral & Multilateral Terrorism Coordination Meetings

  23. TEAM TERRORISM GOAL: Establish a Centre of Expertise in Terrorism TASKS: • Lead on terrorist casework for Eurojust. Organise meetings • Update Eurojust Scoreboard

  24. TEAM TERRORISM • Define a better approach to receipt and handling of terrorism info from open and closed sources • Emphasise requirements to be supplied with terrorist information from national terrorism correspondents • Maintaining contact with any working parties and meetings in Brussels covering these topics

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