Michèle Coninsx President EUROJUST National Member for Belgium

2. The establishment of the eppo from eurojust: challenges in national prosecutions – the eurojust perspective Michèle Coninsx President EUROJUST National Member for Belgium Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests Irish Centre for European Law, Trinity College, Dublin

3. Eurojust 28 EU PROSECUTORS/JUDGES More effective Coordination& Cooperation Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests Irish Centre for European Law, Trinity College, Dublin

4. How Eurojust works • Mandate: serious cross-border crime, and assistance in investigations and prosecutions concerning a Member State and the Community • Set-up: National Desks & College = strong link to national judicial and law enforcement authorities + collegiate model • Act upon request: COM Proposal for Eurojust Regulation stipulates “own initiative” • Unique tools: coordination meetings, coordination centres, and centre of expertise in JITs • Cooperation with JHA partners and third States Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests Irish Centre for European Law, Trinity College, Dublin

5. Recent legislative developments • Entry into force of the Lisbon Treaty in 2009 • Proposal for a Regulation on OLAF to strengthen efficiency of investigations in 2011, entry into force in 2013 • Proposal for a Directive on the fight against fraud to the Union’s financial interests by means of criminal law to create greater harmonisation in 2012 • Proposals for Regulations on Eurojust and the establishment of a European Public Prosecutor’s Office in July 2013 as a package Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests Irish Centre for European Law, Trinity College, Dublin

6. Article 86 TFEU: EPPO a novel actor • “In order to combat crimes affecting the financial interests of the Union,...” • “...may establish a European Public Prosecutor`s Office “from” Eurojust.” • “The European Public Prosecutor`s Office shall be responsible for investigating, prosecuting and bringing to judgment,...” • Guiding question: How is it workable in practice and legal certainty guaranteed? Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests Irish Centre for European Law, Trinity College, Dublin

7. EPPO: structural set-up • Need for integration in existing landscape of police and judicial cooperation – principle of mutual recognition • Strong link to national authorities: investigation of PIF cases by European Delegated Prosecutors in the Member States in accordance with national law and judicial follow-up by national courts – how will interaction with the EPPO take place? • Acting together with other EU actors in a coordinated and complementary way, e.g. Eurojust, Europol, OLAF – respective mandates and interaction to be regulated • Scenario of enhanced cooperation – cooperation with non-participating Member States to be facilitated Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests Irish Centre for European Law, Trinity College, Dublin

8. EPPO: scope of competences • EPPO with limited scope: crimes adversely affecting the financial interests of the European Union • Definition of competence through reference to proposed “PIF” Directive as implemented by national law • Exclusive competence? • Dealing with “connected crimes” Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests Irish Centre for European Law, Trinity College, Dublin

9. EPPO: procedural safeguards and judicial review • Need for a balanced system between law enforcement interests and rights of the suspect/ defendant • Lack of approximation of procedural legislation applicable to EPPO activities, e.g. admissibility of evidence • Choice of forum and possible risk of “forum shopping” – clear criteria required • Judicial review of procedural measures taken by the EPPO to be clarified Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests Irish Centre for European Law, Trinity College, Dublin

10. From Eurojust • Commission’s Proposal(s):‘special relationship’, provisions in both proposed Regulations, Article 41 Eurojust / Article 57(1) EPPO • Operational cooperation: exchange/sharing of information (including personal data), mechanism for automatic cross-checking of data in Eurojust’s Case Management System, EPPO can request assistance of Eurojust, meetings and written opinions • Administrative cooperation: Eurojust support to the EPPO through its services and staff Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests Irish Centre for European Law, Trinity College, Dublin

11. Initiatives & What’s next • Eurojust News Issue on the EPPO, available on Eurojust’s website • Outcome Report of the meeting of the Consultative Forum of Prosecutors General and Directors of Public Prosecutions of the Member States on the EU, published as Council Document 11628/13 of 27 June 2013 • Legislative development of both Regulations in parallel as provisions on ‘special relationship’ need to correspond • Eurojust expectation: this reform will be a step forward Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests Irish Centre for European Law, Trinity College, Dublin

12. Michele Coninsx President National Member for Belgium mconinsx@eurojust.europa.eu Tel 00 31 70 412 51 00 Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests Dublin