Lessons learned: our way towards securing Freedom Security and Justice Igor Dzialuk, public prosecutor (ret.) former Polish negotiator (EU accession) former Deputy Minister of Justice Warsaw, June 2nd, 2016

Parallel development Feb – Association Agreement (signed Dec.’91) Jan 1997 – National Strategy of Integration adopted Mar – accession negotiations start (for JHA – May 2000) Dec – end of negotiations Apr – Treaty of Athens signed May 2004 – full members Dec – EU (Maastricht) Treaty enters into force 1996 – TAIEX set-up May 1999 – Amsterdam Treaty enters into force Oct – Tampere European Council – principle of mutual recognition Jun EAW FD (operational as of Jan. 2004)

Lesson 1: Politics and Law JHA negotiations concluded in July 2002, based on the EU acquis as for Dec European Arrest Warrant FD adopted in June 2002 Doubts as to its constitutionality (surrender of nationals) Should PL (and CZ) re-open negotiations ? Legislation in place, but would it work ? 2355 in 2006 out of in 2009 out of 15800

Lesson 2: Constitutional European Arrest Warrant – constitutionality challenged in BE, CY, CZ, DE, PL DE – human rights issue – surrender of nationals who committed crime in Germany; BVG judgement Jul – implementation to narrow PL – is surrender equal to extradition ? TK judgment Apr Conclusion: since EAW is unconstitutional, perhaps the way out is to change… the Constitution ! CZ – „ban to force one to leave his homeland”; UTC judgment May 2006 – primate of the pro-European interpretation BE –inappropriate instrument and the alleged infringement of the principles of legality and non-discrimination; case referred to CJEU – validity confirmed

Lesson 3 – Discrepancy in interpretation Framework decisions (directives alike) implemented by national legislation Proportionality ECJ helps to clarify essential issues refusal based on nationality/residence (Art. 4 para 6) Kozlowski, Wolzemburg, Lopez da Silva Speciality; concurrence with extradition Leymann and Pustovarov, Goicoechea, Melvin West Non bis in idem (also Article 54 CISA) Mantello refusal based on a violation of human rights Radu, Melloni, Jeremy F

Lesson 4 - Hints JHA is not esoteric, but requires solid knowledge Use pre-accession mechanisms Secure stability in civil service How to understand reasons behind ? Find your counterparts in MSs Prepare your judiciary Training Possible specialisation