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Eurojust’s involvement in JITs and JITs funding Sylvie Petit-Leclair National Member for France at Eurojust  with the support of PowerPoint PPT Presentation


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Visit by the committee on civil liberties, justice and home affairs and the special committee for organised crime, corruption and money laundering -------- EUROJUST The Hague – The Netherlands 11 th February 2013. Eurojust’s involvement in JITs and JITs funding Sylvie Petit-Leclair

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Eurojust’s involvement in JITs and JITs funding Sylvie Petit-Leclair National Member for France at Eurojust  with the support of

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Eurojust s involvement in jits and jits funding sylvie petit leclair national member for france at eurojust with the support of

Visit by the committee on civil liberties, justice and home affairs and the special committee for organised crime, corruption and money laundering--------EUROJUSTThe Hague – The Netherlands11th February 2013

Eurojust’s involvement in JITs

and JITs funding

Sylvie Petit-Leclair

National Member for France at Eurojust 

with the support of

Vincent Jamin and Nicolas Chareyre

Assistants


Overview

Overview

What is a JIT ?

2. Legal framework

Eurojust’s support to JITs

Future


What is a jit

What is a JIT

- Team of investigators/prosecutors/Judges

- From 2 or more MS

- Based on an agreement

- To investigateoffenceswith cross border dimension

- Specificpurpose and limitedduration

  • Sound basis for Ej involvement : JITs primilarly constitute a tool of judicial cooperation, while JITs activities require close commitment at law enforcement level

  • Complementary police/judicial cooperation

    - Complementary of Ej and Ep roles


Legal framework 1 mutual legal assistance instruments

Legal framework (1)Mutual legal assistance instruments

  • Article 13 MLA Convention 29 May 2000

  • Framework Decision 2002/465/JHA of 13 June 2002


Legal framework 2 legal framework 2 eurojust decision

Legal framework (2)Legal framework (2)Eurojust decision

  • Articles 6 et 7 of the Eurojust Decision : Eurojustacting through its National Member or as a College may ask the competent authorities of the Member State to set up a JIT

  • Article 9F of the Eurojust Decision: “Each Member State shall define whether the National member participates in the joint investigation team as national competent authority or on behalf of Eurojust.” :

  • National Member (or Deputies/assistants) shall be entitled to participate in JITs, concerning their own MS, including in their setting up(Art. 9f)


Eurojust technical and operational support to jits 3 jits activities and operational phase

Eurojust technical and operational support to JITS (3) : JITsactivities and operational phase

  • assistance in solving practical issues : applicable rules for collecting evidence (with a view to ensuring admissibility), disclosure of information (what, how and when), limitations of powers of seconded members on the territory of the other party…

  • Conclusion of agreements on competence : with the support of analysts, refining the scope of each national proceedings to avoid bis in idem ; sharing of jurisdiction/targets, transfer of proceedings.

  • ! To be considered at the earliest stage possible !

  • preparation of operational phase : legal framework of arrests (domestic investigation or EAWS) and house searches – possible combination with MS non parties to the JIT.

  • Support to the operational phase : the coordination center. Coordination at judicial level in real-time during a joint action


Eurojust technical and operational support to jits 4 review and closing of the case

Eurojust technical and operational support to JITS (4) : Review and closing of the case

  • re-assessing the orientations of respective proceedings ; refining the common goals

    Scope of respective proceedings :

    Offences

    Periods of time

    Suspects arrested/indicted

    Suspects remaining to be arrested

    Perspectives of the investigation :

    Operational phase ?

    Closure ?

    Evidence collected so far :

    Indication on evidence to be transmitted to JIT partner (list if possible)

    Indication on evidence expected from JIT partner (list if possible)

    Evidence remaining to be collected or missing in the case

    Assets seized so far :

    Type of assets

    Value of assets (if possible)

    Other assets that may be seized

    Perspectives – persons to be prosecuted in your respective country

    - Whenever possible, importance of periodic assessments and of a debriefing of the JIT : lessons learnt, obstacles encountered areas for improvement… EJ offers also here an avenue


A strategic tool for eurojust jit funding project 5

A strategictool for Eurojust : JIT fundingproject (5)

  • Based on a grant awarded by the European Commission :

  • Launched on 1 October 2010 – End : 30 September 2013

  • Financial support : reimbursement of costs (travel, accomodation, translation, interpretation)

  • Logistical support : loan of equipement (mobile phones, laptops, mobile scanners, printers)

  • Award limit per application : 50.000€

  • Support of 86 JITs between 22 MS

  • Available for JITs support : 2.272.800 €


Number of received applications and supported jits per ms

Number of received applications and supported JITs per MS

Statistics (25 Oct 2010 – 6 Feb 2013)


Crime types tackled by the supported jits

Crime types tackled by the supported JITs

Statistics (25 Oct 2010 – 6 Feb 2013)


Future

Future

  • Recognition of Ej role by national authorities

  • Expertise : 5 years of experience

  • Expertise of EJ in« classical JITs » ; currently new experiencewith JITS with a focus on assetsrecovery and JIT set up betweenjudicialauthorities

  • Setting up of a JITbased on judicialapproach (instrument of judicialcooperation)

  • Functionning of a JIT based on judicialapproach (admissibility of evidence, transfer of information…)

  • Closing of a JITbased on judicialapproach

  • Creation of a EPPO from Eurojust


Eurojust the hague 11 f vrier 2013

Eurojust, The Hague11 février 2013

Thank you for your attention.


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