JUDICIAL COOPERATION IN CRIMINAL MATTERS IN THE EU

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JUDICIAL COOPERATION IN CRIMINAL MATTERS IN THE EU Zoran Burić, PhD University of Zagreb – Faculty of Law Department for Criminal Procedural Law www.pravo.unizg.hr/zoran.buric zoran.buric@pravo.hr

TOPICS ● ONE OF BASIC COMPETENCES OF THE EU IN THE AREA OF CRIMINAL LAW ● WHAT IS COOPERATION IN CRIMINAL MATTERS? ● PRINCIPLE OF MUTUAL RECOGNITON - DIFFERENCES: TRADITIONAL INTERNATIONAL COOPERATION IN CRIMINAL MATTERS AND JUDICIAL COOPERATION IN CRIMINAL MATTERS IN THE EU ● INSTRUMENTS: FROM FRAMEWORK DECISIONS TO DIRECTIVES - INDIRECT EFFECT OF FRAMEWORK DECISIONS ● AREAS OF REGULATION - EUROPEAN ARREST WARRANT - EUROPEAN EVIDENCE WARRANT/EUROPEAN INVESTIGATION ORDER - LOST OF BALANCE BETWEEN SECURITY AND FREEDOM?

BASIC COMPETENCE IN EU CRIMINAL LAW ● Maastricht Treaty → Amsterdam Treaty → Lisbon Treaty ● Article K.1(7) Maastricht ● Article K.1 and K.3 Amsterdam Treaty ● Article 82(1) and (2) Lisbon Treaty -

WHAT IS COOPERATION IN CRIMINAL MATTERS? all actions and measures undertaken by criminal procedural authorities of one state at the request of another state in order to enable prosecution, adjudication or enforcement of a sentence in a criminal matter mechanisms states use to assist each other in the prosecution of criminal offenders Extradition and mutual legal assistance in criminal matters

PRINCIPLE OF MUTUAL RECOGNITION DIFFERENCES TRADITIONAL INTERNATIONAL COOOPERATION IN CRIMINAL MATTER JUDICIAL COOPERATION BASED ON THE PRINCIPLE OF MUTUAL RECOGNITION COOPERATION BETWEEN STATES (POLITICAL CONSIDERATIONS) 1. COOPERATION BETWEEN JUDICIAL AUTHORITIES (JUDICIALISATION OF COOPERATION) 2. REQUESTING ASSISTANCE 2. ORDERING MEASURES 3. FLEXIBILITY OF COOPERATION 3. STRINGENCY OF COOPERATION - BROADLY DEFINED GROUNDS FOR REFUSAL LIMITED NUMBER OF GROUNDS FOR REFUSAL - NO DEADLINES DEADLINES FOR COOPERATION

LEGAL INSTRUMENTS MAASTRICHT – CONVENTIONS AMSTERDAM – FRAMEWORK DECISIONS - INDIRECT EFFECT OF FRAMEWORK DECISIONS: PUPINO LISBON - DIRECTIVES

PRIMARY AREAS OF REGULATION ● EUROPEAN ARREST WARRANT EUROPEAN EVIDENCE WARRANT/EUROPEAN INVESTIGATION ORDER IS BALANCE LOST? – SECURITY V. FREEDOM