Course: European Criminal Law SS 2009 Hubert Hinterhofer

Prosecuting Authorities Overview – Legal Basis: Art 29 TEU Closer Cooperation between police forces: European Police Office (Europol) Closer Cooperation between judicial authorities: Office for judicial cooperation (Eurojust) and European Judicial Network (EJN) Prevention of fraud and corruption within the EU: OLAF (“Office de la Lutte Anti-Fraude”)

Prosecuting Authorities Europol – General Aspects International Organization Legal Basis – Europol Convention (in force since 1998) – Council Decision (in force since 2009): replaced Europol Convention Based in The Hague Financing: contributions of MS

Prosecuting Authorities Europol – Organization Director – Day-to-day Administration – Period: 5 years – Appointed by the Council Management Board – 27 Representatives of each MS – 1 Representative of the Commission – Fundamental Aspects – Controls the Director – Adopts a report each year

Prosecuting Authorities Europol – Organization ELO’s = Europol Liaison Officers – Minimum: one contact officer of each MS – Diplomatic status – Duty: assist in exchange of information between the MS and Europol 581 employees Service 24 hours a day

Prosecuting Authorities Europol – National Units Each MS has a single national unit Connecting body between MS and Europol Unit sends one or more ELO’s to Europol Heads meet on regular basis Supply Europol with relevant information Austria: national unit is part of the Federal Criminal Office

Prosecuting Authorities Europol – Aims Improving the effectiveness and cooperation of the police forces of the MS Facilitating the flow of information – Crime analyses – Participating in joint investigation teams – General Competence Serious forms of international crime Organized criminal structure 2 or more MS affected

Prosecuting Authorities Europol – No executive competence No European Police force Not allowed to set compulsory measures against suspects Not an operational police organ with executive competences

Prosecuting Authorities Europol – Computerized Information System (IT Database) Main focus of Europol Collection and examination of relevant information Input of data – MS (national units) – Europol 3 Components – Information System – Analysis System – Index System

Prosecuting Authorities Europol – Computerized Information System (IT Database) Information System – Suspects – Convicted persons – Serious grounds for committing crimes in future Analysis System – Storage, modification and exploitation of information in work files Time limit – In Principal: Data may not be kept on file for more than 3 years

Prosecuting Authorities Europol – Protection of Data MS are responsible with regard to data being inputted by MS Europol is responsible with regard to data being inputted by Europol Joint supervision body Request of individuals – National Unit – Joint supervision body No supervision by an independent court – Members of Europol enjoy immunity – No external control of the activities of Europol

Prosecuting Authorities Eurojust – General Aspects Legal Basis – Council Decision 2002 – Council Decision 2008 amending Council Decision 2002 Based in The Hague Independent legal body of the EU (3rd Pillar)

Prosecuting Authorities Eurojust – Organization College: 27 members Administrative Team – Aims Improving coordination and cooperation of the prosecuting authorities of the MS Facilitating mutual legal assistance and mutual recognition – General Competence Serious forms of international crime Organized criminal structure 2 or more MS affected

Prosecuting Authorities Eurojust – Specific Role First permanent network of judicial authorities Hosts meetings

Prosecuting Authorities OLAF – General Aspects Established 1999 by a Decision of the Commission Tasks are based on 2 regulations Independent agency of the Commission – Mission Protection of the financial interests of the EC Fight against fraud and corruption that harms the EC Support of MS regarding anti-fraud activities

Prosecuting Authorities OLAF – Organization Director Supervisory Committee – Tasks No executive competence External investigations in the MS (special task groups) Internal investigations – Institutions and bodies of the EU – Including the European Central Bank according to ECJ

Prosecuting Authorities OLAF – Way of investigation Own initiative of the Director Request of a MS Request of the institution of the EC Internal Investigation: OLAF has the right to access to any information held by the institutions of the EC – Reports After completion of an investigation Including recommendations Sent to the MS (external investigations) Sent to the EC-Institution (internal investigation)

Prosecuting Authorities OLAF – Examples Eurostat-Affair Origin fraud (especially in agricultural trade) Illicit trade (especially regarding tobacco products or color TV’s)

Prosecuting Authorities EJN – General Aspects Legal Basis – Joint Action 1998 – Council Decision 2008 (replacing the Joint Action) Organization – Judicial contact points in each MS and inside the Commission – Austria: at the courts of first instance, higher regional courts and at the Ministry of Justice

Prosecuting Authorities EJN – Tasks Improve judicial cooperation between MS Facilitate contacts between the contact points Organization of periodic meetings of the contact points Provides up-to-date background information by means of an telecommunication network and through the world wide web