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Eurojust'S Mission and Tasks – In the Service of National Public Prosecutors

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Presentation on theme: "Eurojust'S Mission and Tasks – In the Service of National Public Prosecutors"— Presentation transcript:

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2 Eurojust'S Mission and Tasks – In the Service of National Public Prosecutors
Mr Klaus Meyer-Cabri National Member for Germany Chair of the Brussels Team 02 June 2016

3 European Union How to coordinate effectively in the field of justice?
28 Member States >500 million inhabitants 30 different national legal systems 28 investigative/ prosecutorial models Cooperation with third States 02 June 2016

4 The EU answer No. 46 Conclusion of the TAMPERE EUROPEAN COUNCIL 15 AND 16 OCTOBER 1999 “To reinforce the fight against serious organised crime, the European Council has agreed that a unit (EUROJUST) should be set up composed of national prosecutors, magistrates, or police officers of equivalent competence, detached from each Member State according to its legal system. EUROJUST should have the task of facilitating the proper coordination of national prosecuting authorities and of supporting criminal investigations in organised crime cases, notably based on Europol's analysis, as well as of co-operating closely with the European Judicial Network, in particular in order to simplify the execution of letters rogatory. The European Council requests the Council to adopt the necessary legal instrument by the end of 2001.” 02 June 2016

5 The EU answer : EUROJUST
28 EU PROSECUTORS/JUDGES 02 June 2016

6 Eurojust at a glance Without harmonization of national penal or procedural codes In essence Eurojust is a service organization for the national investigative and prosecution offices Organizing coordination of investigations and prosecutions and cooperation between competent national authorities College of Eurojust: 28 National Members - experienced prosecutors, judges or police officers of equivalent competence Unique coordination tools – coordination meetings and coordination centres Centre of legal and judicial expertise 02 June 2016

7 Role of Eurojust Supporting Member States in fighting serious organised crime Resolving legal & practical challenges of 30 legal systems Bringing together judicial & law enforcement authorities Direct exchange of information in ongoing investigations Ensure seizures, search warrants Admissibility of evidence Execution of EAW Settle where to prosecute 02 June 2016

8 Operational Focus 02 June 2016

9 Eurojust’s operational focus (2014-2017)
Drug trafficking Illegal Immigration Smuggling Trafficking in Human Beings Fraud Corruption Cybercrime Criminal offences affecting the European Union’s Financial interests (PIF) Organised Property Crimes Terrorism 02 June 2016

10 EUROJUST fighting serious cross border crime
…a wide range of crime; same crime list as Europol; EMPACT… 02 June 2016

11 Steady increase of EUROJUST’S casework
….A teaser for the Annual report 2015; Very proud… Major increase in cases registered in 2014 and 2015 02 June 2016

12 Eurojust’s Direct Operational Work: Judicial Cooperation & Coordination
02 June 2016

13 Case example – Stroke of Luck
In total 440 criminal offences - relating to stolen cars and valuable car parts, such as navigation systems and airbags, causing damages of 7,5 Million Euro Children between years old were sent from Lithuania to Germany to “work” - break into cars. 6 OCG‘s (organised crime groups) 3 Coordination Meetings (LT, DE) Searches of 100 properties 47 Arrests International cooperation and coordination between the prosecution office in Essen, Germany and The Prosecutor General’s Office of Lithuania. 02 June 2016

14 Coordination meetings (2015)
02 June 2016

15 Coordination centres (2015)
02 June 2016

16 Judicial and legal support
European Arrest Warrants Concurrence of several EAWs Legal issues and practical assistance Prevention / resolution of conflicts of jurisdiction Requests for Mutual legal assistance Evidence gathering Controlled deliveries Freezing / confiscation Contacts with third States 02 June 2016

17 Joint Investigation Teams (JITs)
Agreement between countries - specific purpose and limited duration Added value: Facilitates direct exchange of information and simplifies cooperation and coordination Eurojust national members can participate in JITs Eurojust supports: JIT agreements strategic and legal advice coordination of action JIT funding hosts the JITs Network Secretariat Large use of JITs by practitioners as an efficient and effective tool to coordinate cross-border investigations and prosecutions. In a significant number of cases, JITs are established between more than two States - which are not necessarily neighbouring countries – and support the investigation of a wide range of crime types. The flexibility of the tool, in particular to support informal communication and exchange of information and evidence, is almost unanimously highlighted. Where it is used, the participation of JIT seconded members – operating outside their State of origin - is seen as beneficial for the efficiency of the investigation. In a vast majority of cases, JITs also appear to facilitate a common approach to the communication with the media on the outcome of the investigation. Among the challenges identified, the differences in timeframes of domestic proceedings – for legal or practical reasons – can impede the functioning of a JIT, for instance when one of the partners has to leave the JIT before the cooperation needs of others have all been fulfilled. When it comes to best practice, since JITs often coexist with mutual legal assistance - in particular towards States that do not join the JIT - practitioners report that the existence of a JIT can give more weight towards the requested State and facilitate the timely execution of the requests as well as the sharing between JIT partners of evidence collected via MLA. Proposal for the next JIT network meeting to focus on JITs in illegal immigrant smuggling cases (in June 2016) - tbc 02 June 2016

18 JIT grants managed by the JITS NS 1 M€ for 2016
In 2015: 144 applications 68 JIT financially assisted 46 JITs set up with Eurojust assistance 02 June 2016

19 Eurojust’s indirect operational work: Strategic and tactical activities
Strategic meetings Focus on a topic of interest to all Member States Facilitate the awareness raising process Platform to exchange information and best practice 1. Keys to Cybercrime Tactical meetings Eurojust questionnaire Focus on a specific phenomenon Participation of experts in the specific topic Illegal Migrant Smuggling 2. Terrorism – 02 June 2016

20 Eurojust latest products
Terrorism Convictions Monitor EUROJUST LIMITED Maritime Piracy Judicial Monitor CBRN-E Handbook PUBLIC DOCUMENT Contributions to Europol’s SOCTA & TE-SAT Reports Reports are publicly available External Newsletters: Counter-Terrorism, THB, Cybercrime, JIT, EPPO, Environmental crime, MTIC, EAW, Freezing and confiscation, Conflicts of jurisdiction, etc. All newsletters are available on Eurojust’s website Eurojust Report on Foreign Fighters 2015 EUROJUST RESTRICTED 02 June 2016

21 EUROJUST NATIONAL COORDINATION SYSTEM (ENCS) EXTERNAL RELATIONS
02 June 2016

22 Eurojust National Coordination System (ENCS)
ENCS Members: The national correspondents for Eurojust, for terrorism matters, for the EJN, up to three other contact points of the EJN... Aims: Coordinate the work carried out by key national players Facilitate Eurojust tasks within the MS Create a link between Eurojust and practitioners’ networks Functions: Eurojust receives information in an efficient and reliable manner Assist - a case should be dealt with by Eurojust or the EJN? Maintain close relations with the Europol National Unit 02 June 2016

23 Cooperation with third States
Cooperation agreements Norway Iceland USA Switzerland the former Yugoslav Republic of Macedonia Liechtenstein Moldova Montenegro Pending cooperation agreement between Eurojust and Ukraine Liaison prosecutors at Eurojust Eurojust Contact Points in third States Type of requests To speed up or facilitate the execution of extradition and MLA requests in relation to hearings by videoconference, transfer of criminal proceedings, execution of freezing and confiscation orders, obtaining of banking evidence; requests for criminal records and interception of communications. To provide assistance in identification of contact details of competent authorities in third States. To provide assistance in clarification of legal requirements and relevant legislation in third States. 02 June 2016

24 Eurojust contact points in 39 States
At present, a total of 39 third States have Eurojust contact points and Eurojust will continue its efforts to extend its worldwide network of contact points. Albania, Algeria, Argentina, Bolivia, Bosnia and Herzegovina, Brazil, Canada, Cape Verde, Chile, Egypt, former Yugoslav Republic of Macedonia, Georgia, Iceland, India, Iraq, Israel, Japan, Jordan, Kazakhstan, Korea, Lebanon, Liechtenstein, Moldova, Mongolia, Montenegro, Norway, Palestinian Authority, Peru, the Russian Federation, Saudi Arabia, Serbia, Singapore, Switzerland, Taiwan (Republic of China), Thailand, Tunisia, Turkey, Ukraine and the USA. 02 June 2016

25 ORGANISATIONAL DEVELOPMENTS
02 June 2016

26 The new Eurojust Regulation
17 July 2013: COM Proposals on Eurojust and EPPO Regulations – “package approach” Reform of Eurojust in light of Lisbon Treaty – “no revolution” EPPO a major step in the EU area of freedom, security and justice Different procedures for adoption of the two Regulations: different roles for European Parliament and Council Council progressed on Eurojust Regulation - Relationship with EPPO to be defined European Parliament: discussions started but no position on Eurojust Regulation yet Europol Regulation – Adopted by the Parliament on 11 May Will take effect as of 1 May 2017 Important: the operational work will NOT change Eurojust will remain a service organization for the national Prosecution Offices. 02 June 2016

27 Eurojust – Europol – EPPO: synergies
Duplication of mandate between Eurojust and Europol should be avoided - judicial coordination role of Eurojust to be safeguarded; clear JIT funding mechanism necessary Eurojust’s competence should be defined on need basis - ‘other types of offences’ to be covered; list of crimes should be aligned with Europol; EPPO competence for PIF exclusive? Clarification of roles/relation between Eurojust and EPPO is needed - operational, practical and budgetary correlations and impact on Eurojust’s work and functioning Cooperation between the EPPO and non-participating Member States needs to be facilitated – set of options, role for Eurojust? 02 June 2016

28 Case Statistics 02 June 2016

29 Requesting/Requested Member States 2015
Total: 2214 Cases Requesting Requested BE 35 156 BG 99 94 CZ 88 70 DK 113 52 DE 112 331 EE 27 33 IE 34 46 EL 193 60 ES 77 222 FR 140 241 HR 24 51 IT 248 CY 18 91 LV 39 62 LT 59 56 LU 21 55 HU 96 93 MT 29 NL AT 121 PL 166 PT 69 RO 147 SI 109 SK 92 FI 38 SE 100 UK 87 243 140/241 77/222 112/331 193/60 96/93 99/248 87/243 147/156 99/94 69/69 34/46 29/29 56/92 109/46 156/121 88/70 88/166 21/55 52/222 35/156 59/56 39/62 27/33 100/56 39/38 24/51 113/52 18/91 Requesting/ Requested 02 June 2016 Statistics produced with data retrieved from CMS on 14 January 2016. Due to the ongoing nature of cases the figures may change after the reporting date.

30 Coordination Meetings 2015
Total: 274 CMs Organizing* Participating BE 13 48 BG 4 12 CZ 9 23 DK 6 17 DE 25 78 EE 7 8 IE 1 14 EL 2 ES 19 43 FR 53 36 HR IT 26 CY LV LT 16 LU HU MT NL 62 AT PL 29 PT 11 RO SI SK 3 FI 10 SE 15 UK 28 69 CH NO 53/36 19/43 25/78 2/8 7/19 25/26 28/69 4/29 4/12 2/11 1/14 2/1 3/7 1/6 7/16 9/23 0/8 19/62 13/48 8/16 7/12 7/8 11/15 4/10 1/5 6/17 0/6 Organizing/ Participating 2/14 3/19 Data confirmed by National Desks by 15 January 2016. Only coordination meetings on cases registered in the College are included in the overview. *In 2015 there were 3 coordination meetings that were co-organized by two countries: one by France and Germany, one by Germany and Bulgaria and one by Bulgaria and Switzerland. For each of those 3 coordination meetings, both countries have been included in the overview as organizing. 02 June 2016

31 National Member for Germany
Klaus Meyer-Cabri National Member for Germany Eurojust 02 June 2016


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