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

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Presentation on theme: "COOPERATION IN CRIMINAL MATTERS IN EUROPE MODULE III JUDICIAL COOPERATION IN THE FRAMEWORK OF THE EU Tutor María Poza Cisneros."— Presentation transcript:

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

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

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

4 UNIT 7 THE SCHENGEN AREA Letters rogatory Letters rogatory Direct communication between judicial authoritiesDirect communication between judicial authorities Possibility of transfer via INTERPOLPossibility of transfer via INTERPOL Information on rulings and measures affecting nationalsInformation on rulings and measures affecting nationals Transfer of claimsTransfer of claims TranslationTranslation

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

6 UNIT 7 THE SCHENGEN AREA Transfer of judgment enforcement Transfer of judgment enforcement Supplementary to the Convention on the Transfer of Sentenced Persons of 1983Supplementary to the Convention on the Transfer of Sentenced Persons of 1983 Serving of prison sentences in nationals' own countriesServing of prison sentences in nationals' own countries Alternative to the extradition of nationalsAlternative to the extradition of nationals Possibility for remandPossibility 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 penaltyConsent 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 The Schengen Information System Aim: Computer network for the exchange of alerts on persons and property.Aim: Computer network for the exchange of alerts on persons and property. Data protectionData protection OrganisationOrganisation International level: Executive Committee/ Central Group /work groups International level: Executive Committee/ Central Group /work groups National level National level Configuration: N.SIS+ C.SIS+SIRENEConfiguration: N.SIS+ C.SIS+SIRENE Areas requiring the introduction of dataAreas requiring the introduction of data Requests for arrest for purposes of extradition Requests for arrest for purposes of extradition Requests for arrest for purposes of an EAW Requests for arrest for purposes of an EAW Other information Other information Limited capacity of the systemLimited capacity of the system

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

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

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

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

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

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

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

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

16 UNIT 9: THE PRINCIPLE OF AVAILABILITY: THE CRIMINAL RECORD AND TREATY OF PRÜM TREATY OF PRÜM Signatories Signatories Germany, Austria, Benelux, Spain, France Germany, Austria, Benelux, Spain, France Nature: enhanced cooperation? Nature: enhanced cooperation? ContentContent Automatic access to certain files Automatic access to certain files Measures against terrorism Measures against terrorism Measures against illegal immigration Measures against illegal immigration Other forms of cooperation Other forms of cooperation Provisions on personal data protection 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 Computerised access to national files DNA profilingDNA profiling Fingerprint dataFingerprint data Vehicle registrationsVehicle registrations Other dataOther data

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

19 UNIT 9: THE PRINCIPLE OF AVAILABILITY: THE CRIMINAL RECORD AND TREATY OF PRÜM TREATY OF PRÜM Protection of personal dataProtection of personal data Guarantees minimum levels of protection in national law Guarantees minimum levels of protection in national law Data must be linked to purposes - limits on the processing of data transferred Data must be linked to purposes - limits on the processing of data transferred Guarantee of accuracy and current relevance Guarantee of accuracy and current relevance Record of consultations, data security and legal control Record of consultations, data security and legal control Individual rights: information, rectification, cancelation, indemnification. 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 Decision 2008/615/JHA Access online and monitoring of DNA profilesAccess online and monitoring of DNA profiles Fingerprint dataFingerprint data Vehicle registration dataVehicle registration data Transmission of data in relation to sporting events and meetings of the European CouncilTransmission of data in relation to sporting events and meetings of the European Council Prevention of terrorist attacksPrevention of terrorist attacks Other forms of cooperationOther forms of cooperation Data protectionData protection Decision 2008/616/JHA: technical-administrative supplement to the former 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. A new context/a new paradigm. Express recognition of the value of the principle of availability + concern for coherence and the protection of fundamental rights. Express recognition of the value of the principle of availability + concern for coherence and the protection of fundamental rights. Action Plan of the 25 th of November Action Plan of the 25 th of November Proposal for a Directive on data protection by competent authorities with a view to the prevention, investigation, detection and trial of criminal offences. Proposal for a Directive on data protection by competent authorities with a view to the prevention, investigation, detection and trial of criminal offences. Proposal for a Regulation for the protection of natural persons within the processing of personal data Proposal for a Regulation for the protection of natural persons within the processing of personal data Proposal for a Regulation on migration to SIS II Proposal for a Regulation on migration to 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 2008/675/JHA: taking account of convictions in other Member States FD 2009/315/JHA: the exchange of information on criminal records FD 2009/315/JHA: the exchange of information on criminal records ObjectivesObjectives Obligations of the convicting Member StateObligations of the convicting Member State Obligations of the Member State of the person’s nationalityObligations of the Member State of the person’s nationality Information on convictionsInformation on convictions Request for information Request for information Replies to requests made in the context of criminal proceedings or outside them and by a third country Replies to requests made in the context of criminal proceedings or outside them and by a third country Deadlines Deadlines Transmission methods Transmission methods Conditions of use of personal data Conditions of use of personal data Decision 2009/316/JHA Decision 2009/316/JHA


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