Mutual Legal Assistance The Role of the EJN Eurojust Combating International Organised Crime

1. Mutual Legal AssistanceThe Role of the EJN & Eurojust Combating International Organised Crime Mike Kennedy President of the College of Eurojust National Member for the United Kingdom

2. What is the European Judicial Network (the EJN) What is Eurojust? Why were they established? Who works there? How does they work? Results so far Powers to influence MLA & Co-operation Case examples The Future

3. Bilateral Treaties Extradition MLA Multilateral Conventions 1959 Council of Europe Convention on Mutual Legal Assistance in Criminal Matters European Convention on Extradition 2000 European Conventional on Mutual Legal Assistance

4. The European Union Justice & Home Affairs Council of Ministers

6. Mutual Recognition (1) Framework Decisions (FD) Agreed European Arrest Warrant : 18.7.02 Freezing Orders Property & Evidence : 2.8.2003 Recognition of Financial Penalties : 24.2.05 Confiscation Orders : 6.10.06 - new OJ 24.11.06

7. Mutual Recognition (2) Framework Decisions (FD) under discussion at next JHA Ministerial 4/5 December: Taking into account convictions in new proceedings Sentences imposed involving deprivation of liberty Procedural Rights European Evidence Warrant

11. A group of 27 EU prosecutors / judges One nominated by each Member State Aim - ‘to deal more effectively with serious cross border crime, particularly when it is organised, and involves two or more Member States’ - JHA Council Decision of 14 December 2000

12. Aims Improve co-operation between Competent Authorities in Member States Bring better co-ordination of cross-border investigations and prosecutions Exchange of information To make recommendations to change laws to improve MLA & Extradition arrangements

13. Removal of frontier controls in EU states At least 30 different legal systems To improve action against cross-border crime Existing Mutual Legal Assistance & Extradition arrangements are often lengthy and uncertain Alternative to the European Prosecutor option

14. The Background European Union Principle Freedom of Movement People Capital Goods Services Minimal, if any, frontier controls Mobility & relatively cheap travel Computer and internet ‘cyber crime’ Organised cross-border crime Terrorism Trafficking in Drugs Trafficking in Human Beings Serious Fraud (inc. fraud on EU Budget) Car Theft Corruption

15. Austria Belgium Bulgaria Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Ireland Ulrike Haberl-Schwarz Michèle Coninsx Mariana Lilova Katerina Loizou Pavel Zeman Lennart Lindbloom Raivo Sepp Maarit Loimukoski François Falletti Hermann von Langsdorff Lampros Patsavellas Ilona Lévai Jarlath Spellman

16. Italy Lithuania Latvia Luxembourg Malta The Netherlands Poland Portugal Romania Slovakia Slovenia Spain Sweden UK Cesare Martellino Tomas Krusna Gunars Bundzis Georges Heisbourg/Carlos Zeyen Donatella Frendo Dimech Roelof Jan Manschot Mariusz Skowronski José Luís Lopes da Mota Elena Dinu Peter Paluda Malci Gabrijelcic Juan Antonio Garcia Jabaloy Solveig Wollstad Mike Kennedy

17. How Eurojust Works Case Referrals Working Methods Adding Value Strategic Meetings Co-ordination Meetings

18. Case Evolution 2002-2006

19. Requesting States 2006

20. Requested States 2006

21. States Requesting Co-ordination Meetings

22. States Requested at Co-ordination Meetings

23. Working at Different Levels Level 1 Plenary Meeting of all 27 National Members Twice each week Level 2 Only those national members involved in a case Level 3 Investigators & prosecutors dealing with a case

24. Areas of Added Value Permanent Mutual Legal Assistance Network Empowered MLA Network Facilities - Casework Meetings & Conferences Contact Points Integrated Approach: Tackling Organised Crime Voice Influencing Law-Makers & Others Casework Examples

25. Areas of Added Value Permanent Mutual Legal Assistance Network Empowered MLA Network Facilities - Casework Meetings & Conferences Contact Points Integrated Approach: Tackling Organised Crime Voice Influencing Law-Makers & Others Casework Examples

26. Permanent MLA Network Permanently Based in Premises in The Hague 25 National Members - always available Clarity, Speed, and Certainty in MLA issues Resources, staff and equipment Eurojust has Legal Personality

27. Empowered Network  Not just a list of people dealing with MLA Eurojust has special powers Use powers to ‘encourage’ better MLA

28. Eurojust’s Powers Power to request competent authorities : to investigate or prosecute specific acts* to accept that one country is better placed to prosecute than another* to co-ordinate with one another to set up a Joint Investigation Team to provide Eurojust with any information necessary to carry out its tasks*

29. Meeting Facilities Meeting Rooms in The Hague Translation Facilities & Security Experience & brokerage of co-ordination Strategic Approach - Case Types Individual Cases Accommodation

30. Eurojust Teams Presidency Brussels Europol Casework Strategy & Performance Management EPOC & Data Protection OLAF

31. Third State Agreements Norway Approved by the Council 24 February 2005 Signed in April 2005 Romania Approved by the Council in December 2005 Signed in December 2005 Iceland Approved by the Council in December 2005 Signed in December 2005 USA Negotiations completed – signed November 2006 Other states for negotiations: Russian Federation, Switzerland, Ukraine & Croatia

32. Other Countries - Contact Points Bulgaria Turkey Croatia Liechtenstein Norway Switzerland Western Balkans USA Canada Russia Ukraine South America Pavlina Nikolova Ceyda Ümit & Esin Özbilgin Ratko Šcekic Robert Wallner Kim Sondert – based at Eurojust Maria Schnebli & Rudolf Wyss Most states Mary Ruppert – based at Eurojust Elaine Krivel QC Pavel Ivliev Olga Lytvynchuk Almost all states

33. Strategic Meetings Terrorism 30 June 2006 - 85 investigators and prosecutors Liaison Magistrates 14 November 2005 Trafficking in Human Beings 24 & 25 October 2005 Drug Trafficking 21 & 22 September 2005 Fraud & Money Laundering 30 November & 1 December 2005

34. Annual Practitioner Meetings 2003 - Which Jurisdiction Should Prosecute? 19 & 20 November 2003 – 120 police/prosecutors Guidelines agreed and published 2004/2005/2006 - European Arrest Warrant Regular problem solving meetings of EAW experts Last meeting 30 & 31 October 2006 2005 - Trafficking in Human Beings Sponsored jointly by Eurojust & UK Presidency 24 & 25 October 2005

35. Integrated Approach to Tackling Organised Crime Cross-border crime needs a whole case approach Need for co-ordinated action police investigators prosecutors and others Too often find reasons for not integrating action Whatever the systems judicial input is powerful and necessary for effective results

40. Influencing Law-Makers Annual Reports Recommendations to improve MLA systems Recommendations to improve MLA laws Publicity for problems and blockages Example - Europol links to Eurojust

41. Influencing Terrorism JHA Council Decisions of December 2002 & September 2005 Information to be supplied to Eurojust on terrorist investigations and prosecutions Decisions on Jurisdiction Annual Report 2003 - Guidelines to assist European Arrest Warrant Joint Investigation Teams Need for clarity & a “joined-up” approach Eurojust, EJN, Europol, PCTF, OLAF

42. The Future ? Medium Term and Long Term Plans EU Enlargement Focus: key areas of cross-border crime Regular Meetings - Operational & Strategic Terrorism, Trafficking in Human Beings & Drugs, Fraud & Money Laundering, Joint Investigation Teams Follow up suggestions made at meetings Not enough to bring people together - must add value Remove MLA Blockages Must deliver good results consistently Eurojust and the EPP?

43. The Future : Eurojust’s Vision “To be the key player, and a centre of excellence, at a judicial level for effective action against organised cross border crime in the EU”

44. Thank you!

45. Contact Information E-mail: ejn@eurojust.europa.eu Tel: + 31 70 412 55 72 Fax: + 31 70 412 55 05 www.eurojust.europa.eu European Judicial Network Maanweg, 174 2516 AB The Hague The Netherlands

46. Eurojust More Effective Co-ordination & Co-operation