EUROPEAN JUDICIAL NETWORK

Transcription

1 EUROPEAN JUDICIAL NETWORK A tool for the practitioners Maria João Almeida Gomes EJN Secretariat Coordinator Madrid 14 March st CrimEx Session Euromed Justice IV

2 Presentation OUTLINE About EJN: Structure, Functions Operation EJN website and Tools Cooperation with third countries and other judicial networks 2 / The role of the European Judicial Network

3 EJN in brief What? When? Who? Where? Pioneer network of judicial authorities fighting serious crime 29 June 1998 (Joint Action 428/JHA) Council Decision 2008/976/JHA Contact points appointed by each Member State as active intermediaries to facilitate judicial cooperation in criminal matters All Member States of the European Union, candidate and associated countries; partners in third countries 3 / The role of the European Judicial Network

4 EJN Structure National Correspondents EJN Secretariat CONTACT POINTS Several in each Member State Contact Points from the European Commission, General Secretariat of the Council & European Parliament Contact Points in candidate & associated countries Contact Points in third countries and other judicial networks Tool Correspondents 4 / The role of the European Judicial Network

5 EJN Contact Points Experts in international judicial cooperation: assist other judicial authorities Experts on the practical implementation of the international legal instruments of judicial cooperation in criminal matters Prosecution office, Ministry of justice, Courts Prosecutors, judges, central authority officials 5 / The role of the European Judicial Network

6 Main functions of EJN CPs (1) As active intermediaries, facilitating judicial cooperation between Member States in actions to combat serious crime Providing the necessary legal and practical information to enable judicial authorities to prepare an effective request for judicial cooperation or to improve judicial cooperation in general 6 / The role of the European Judicial Network

7 Main functions of EJN CPs (2) Promoting and being involved in the organisation of training sessions on judicial cooperation for the benefit of the competent authorities In cooperation with the European Judicial Training Network, where appropriate 7 / The role of the European Judicial Network

8 EJN meetings 5 per year EJN Plenary meetings - 2 in the Member State holding the Presidency of the Council of the EU - 1 in the Hague, Netherlands Other EJN meetings - 1 National Correspondents meeting - 1 Tool Correspondents meeting 8 / The role of the European Judicial Network

9 Purpose of the EJN meetings To get to know each other and exchange experience, particularly concerning the operation of the Network Forum for discussion of practical and legal problems encountered in the context of judicial cooperation 9 / The role of the European Judicial Network

10 How the CPs work in practice Operate from their offices in the Member States DECENTRALISED & Provide know-how and assistance in issuing and executing requests for judicial cooperation Facilitate direct contacts 10 / The role of the European Judicial Network

11 EJN Statistics Ca cases per year (2014) of which: - Mutual Legal Assistance ca European Arrest Warrant ca / The role of the European Judicial Network

12 Created in 2000 EJN website Home base for the EJN Contact Points Information on judicial cooperation in criminal matters to all judicial authorities Practical e-tools for judicial authorities for judicial cooperation Managed by the EJN Secretariat and the EJN Tool correspondents 12 / The role of the European Judicial Network

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14 EJN e-tools Useful Interesting e-tools and for useful practitioners e-tools One Draft of the requests, most important find competent legacies authorities of the Network etc. Used by contact Contact Points points and judicial authorities of all Member States and all judicial authorities in the Member States Fiches Belges Contact Points European Judicial Atlas Compendium Judicial Library 14 / The role of the European Judicial Network

15 Fiches Belges 1 The first EJN e-tool! 3 2 Contain basic information on national legislation and procedures for judicial cooperation in criminal matters within the EU Compare it between the Countries Linked to the Atlas and the Compendium 15 / The role of the European Judicial Network

16 Contact Points 1 Contact details of the EJN Contact Points 2 Password protected area 3 Can use different filters to find Contact Points 16 / The role of the European Judicial Network

17 Judicial Atlas Assists in finding the competent authority for executing requests for judicial cooperation (MLA, EAW etc.) Provides contact details of the competent receiving/executing authority Facilitates direct contact between judicial authorities 17 / The role of the European Judicial Network

18 Compendium This tool is used for drafting and sending requests for and decisions judicial cooperation MLA model request Forms and certificates of: - EAW; - Freezing order; - Confiscation order; - Financial penalties; - Custodial sentences (transfer of prisoners); - Probation measures; - Supervision measures; - ECRIS; - European Protection Order (EPO) - European Investigation Order (EIO). 18 / The role of the European Judicial Network

19 Judicial Library 1 Contains EU and national legislation and case law on judicial cooperation in criminal matters 2 as well as notifications, forms, reports, handbooks and other practical information per legal instrument 3 Status of implementation in the Member States of EU legal instruments 19 / The role of the European Judicial Network

20 EJN Website Statistics 2016 Total pageviews: 1,820,568 Homepage - 741,641 Judicial Atlas - 609,428 Library/ status of implementation - 163,965 Tools selection - 92,833 CP s list restricted - 51,963 fiches belges - 41,542 compendium - 25,309 static pages - 24,885 info. national systems - 11,306 January 2017 Total pageviews: 161,549 Homepage - 71,964 Judicial Atlas - 52,127 Library/ status of implementation - 11,162 Tools selection - 9,120 CP s list/restricted - 4,571 Fiches belges - 3,424 Compendium - 2, / The role of the European Judicial Network

21 Cooperation outside the EU The EJN has developed cooperation with third countries and other judicial networks around the world Special section in the EJN website, with - information on third countries and networks - contact details of contact points in third countries and members of the networks 21 / The role of the European Judicial Network

22 Cooperation with other Judicial Networks The EJN model has been replicated within and beyond the EU to enhance the fight against serious crime Genocide network (2002) SEEPAG (2003) IOC (2009) Sahel (2010) IberRed (2004) Western Balkans Prosecutors Network (2010) JITs experts (2005) Platform African region of the Rede Judiciária da CPLP (2005) Great lakes and WACAP (2016) CNCP-Commonwealth (2007) 22 / The role of the European Judicial Network

23 Cooperation with contact points to the EJN in third countries Canada Argentina Georgia Bosnia & Hercegovina Brazil Israel Chile Japan Republic of Korea Mexico Kosovo* Nigeria Russian Federation USA Taiwan Morocco * This designation is without prejudice to the positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence

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25 Cooperation with Euromed Justice IV Currently Support/ assistance to the project Information in the EJN website With the CrimEx Built Mutual trust between EJN CP s and CrimEx members Informal contacts for operational cooperation - networking Website? 25 / The role of the European Judicial Network

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28 Thank you for your attention! EUROPEAN JUDICIAL NETWORK