1 / 22

COOPERATION IN CRIMINAL MATTERS IN EUROPE

COOPERATION IN CRIMINAL MATTERS IN EUROPE. MODULE III JUDICIAL COOPERATION IN THE FRAMEWORK OF THE EU. Tutor María Poza Cisneros. Measures of investigation: police cooperation Police assistance Cross-border surveillance “Hot pursuit” Controlled deliveries. UNIT 7 THE SCHENGEN AREA.

nerita
Download Presentation

COOPERATION IN CRIMINAL MATTERS IN EUROPE

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. COOPERATION IN CRIMINAL MATTERS IN EUROPE MODULE III JUDICIAL COOPERATION IN THE FRAMEWORK OF THE EU Tutor María Poza Cisneros

  2. Measures of investigation: police cooperation Police assistance Cross-border surveillance “Hot pursuit” Controlled deliveries UNIT 7 THE SCHENGEN AREA

  3. UNIT 7 THE SCHENGEN AREA • Measures for speeding up procedures • Extension of the scope of assistance • Compensation proceedings following unjustified prosecution or sentencing • Pardon proceedings • Civil actions resulting from criminal offences • Notification of fines • Alternatives to the execution of prison sentences • Regulation infractions • Service of documents by post. Exceptions • Direct communication between judicial authorities. Exceptions • Search or seizure of assets. Restriction of grounds for refusal

  4. UNIT 7 THE SCHENGEN AREA • Letters rogatory • Direct communication between judicial authorities • Possibility of transfer via INTERPOL • Information on rulings and measures affecting nationals • Transfer of claims • Translation

  5. UNIT 7 THE SCHENGEN AREA • The principle of “ne bis in idem" • Precedents: European Convention on Extradition and its Additional Protocol • Articles 54 to 58 of the Schengen Implementation Agreement • Scope of application: article 54 • Lispendens (a pending lawsuit) • Petitions for information • Deduction of time of imprisonment already served • Possibility to declare exemption from the binding obligation • Acts that took place in whole or in part in its own territory • Acts committed by state officials in violation of the duties of their office • Acts constituting an offence against national security or other equally essential interests

  6. UNIT 7 THE SCHENGEN AREA • Transfer of judgment enforcement • Supplementary to the Convention on the Transfer of Sentenced Persons of 1983 • Serving of prison sentences in nationals' own countries • Alternative to the extradition of nationals • Possibility for remand • Consent of the sentenced offender irrelevant if the sentencing state requests the country where the offender has taken refuge to take over the enforcement of the penalty

  7. UNIT 7 THE SCHENGEN AREA • The Schengen Information System • Aim: Computer network for the exchange of alerts on persons and property. • Data protection • Organisation • International level: Executive Committee/ Central Group /work groups • National level • Configuration: N.SIS+ C.SIS+SIRENE • Areas requiring the introduction of data • Requests for arrest for purposes of extradition • Requests for arrest for purposes of an EAW • Other information • Limited capacity of the system

  8. Scope of application Judicial assistance in general Specific forms of judicial assistance Interception of telecommunications Information and control of bank accounts UNIT 8 THE 2000 CONVENTION

  9. UNIT 8 THE 2000 CONVENTION • Subjective scope • All EU Member States except • Greece • Ireland • Italy • Protocol: the same except Estonia. • +Iceland and Norway • Objective scope: extension • Administrative proceedings subject to judicial review • Charges against legal entities • Tax offences

  10. UNIT 8 THE 2000 CONVENTION • Supplementary to: • European Convention on Mutual Assistance in Criminal Matters of 20.4.1959 • Auxiliary effectiveness (minimum content of letters rogatory, language, face-to-face hearing) • Reference for purposes of interpretation • Different subjective scope • Schengen Implementation Agreement of 19.6.1990: express repeals • Benelux Treaty • Other (more favourable provisions)

  11. UNIT 8 THE 2000 CONVENTION • International judicial assistance in general • Law applicable to enforcement: forum regit actum • Request of the Requesting State and description of the proceedings • Compatibility with the basic legal principles of the Requested State • Exceptions • Statement of the term of enforcement • Service of documents in connection with the proceedings: • By post, except • Unknown address • Requirement of proof of service other than that provided by the post service • Impossibility of service • Reasons to believe it will be inefficient or inappropriate • Translation? • Channels for transmission • General rule: direct communication between judicial authorities • Alternatives • Exceptions

  12. UNIT 8 THE 2000 CONVENTION • Specific forms of judicial assistance • Restitution of objects • Temporary transfer of persons held in custody for investigative purposes • Hearing of witnesses, experts and defendants via videoconference or telephone conference • Controlled deliveries • Joint investigation teams • Set-up and purposes • Make-up • Territorial and material scope of action • Covert investigations

  13. UNIT 8 THE 2000 CONVENTION • Interception of telecommunications • According to assistance needs • Requiring the technical assistance of another State • Subject is in the requesting State, and assistance is needed • Subject is in the requested State, and communications can be intercepted in that State • Subject is in a third Member State • Through service providers (tele-command) • Without the technical assistance of another State • According to transmission/recording needs • General rule: interception & immediate transmission • Exception: interception, recording & subsequent transmission

  14. UNIT 8 THE 2000 CONVENTION • Information on bank accounts and control of transactions • The Protocol to the 2000 Convention of 16.10.2001 • Information on the accounts held or controlled by a given person • Information on bank transactions • Control of bank transactions • Supplementary requests

  15. THE PRINCIPLE OF AVAILABILITY Definition: The Hague Programme Transposition of the principle FD 2006/960/JHA Treaty of Prüm Decisions 2008/615 & 616/JHA UNIT 9: THE PRINCIPLE OF AVAILABILITY: THE CRIMINAL RECORD AND THE TREATY OF PRÜM

  16. UNIT 9: THE PRINCIPLE OF AVAILABILITY: THE CRIMINAL RECORD AND TREATY OF PRÜM TREATY OF PRÜM • Signatories • Germany, Austria, Benelux, Spain, France • Nature: enhanced cooperation? • Content • Automatic access to certain files • Measures against terrorism • Measures against illegal immigration • Other forms of cooperation • Provisions on personal data protection

  17. UNIT 9: THE PRINCIPLE OF AVAILABILITY: THE CRIMINAL RECORD AND TREATY OF PRÜM TREATY OF PRÜM • Computerised access to national files • DNA profiling • Fingerprint data • Vehicle registrations • Other data

  18. UNIT 9: THE PRINCIPLE OF AVAILABILITY: THE CRIMINAL RECORD AND TREATY OF PRÜM TREATY OF PRÜM • Prevention of terrorist attacks • Exchange of information for preventative purposes • Air marshals in flights • Fight against illegal immigration • Advisors on false documentation • Mutual assistance on repatriations • Other examples of cooperation • Cooperation centres on borders • Joint patrols • Borders crossings • Joint operations • Cooperation upon request

  19. UNIT 9: THE PRINCIPLE OF AVAILABILITY: THE CRIMINAL RECORD AND TREATY OF PRÜM TREATY OF PRÜM • Protection of personal data • Guarantees minimum levels of protection in national law • Data must be linked to purposes - limits on the processing of data transferred • Guarantee of accuracy and current relevance • Record of consultations, data security and legal control • Individual rights: information, rectification, cancelation, indemnification.

  20. UNIT 9: THE PRINCIPLE OF AVAILABILITY: THE CRIMINAL RECORD AND TREATY OF PRÜM INCORPORATION OF THE TREATY OF PRÜM INTO EU LAW • Decision 2008/615/JHA • Access online and monitoring of DNA profiles • Fingerprint data • Vehicle registration data • Transmission of data in relation to sporting events and meetings of the European Council • Prevention of terrorist attacks • Other forms of cooperation • Data protection • Decision 2008/616/JHA: technical-administrative supplement to the former

  21. TEMA 9 PRINCIPIO DE DISPONIBILIDAD: ANTECEDENTES PENALES Y TRATADO DE PRÜM EL PRINCIPLE OF AVAILABILITY IN THE STOCKHOLM PROGRAMME • A new context/a new paradigm. • Express recognition of thevalue of theprinciple of availability + concernforcoherence and theprotection of fundamental rights. • Action Plan of the 25th of November2009. • Proposalfor a Directiveon data protectionbycompetentauthoritieswith a viewtotheprevention, investigation, detection and trial of criminal offences. • Proposalfor a Regulationfortheprotection of natural personswithintheprocessing of personal data • Proposalfor a Regulationonmigrationto SIS II

  22. UNIT 9: THE PRINCIPLE OF AVAILABILITY: THE CRIMINAL RECORD AND THE TREATY OF PRÜM THE CRIMINAL RECORD • FD 2008/675/JHA: taking account of convictions in other Member States • FD 2009/315/JHA: the exchange of information on criminal records • Objectives • Obligations of the convicting Member State • Obligations of the Member State of the person’s nationality • Information on convictions • Request for information • Replies to requests made in the context of criminal proceedings or outside them and by a third country • Deadlines • Transmission methods • Conditions of use of personal data • Decision 2009/316/JHA

More Related