1. The Law of the Lisbon Treaty

2. Our emerging European Criminal Process ? Professor Dermot P.J. Walsh School of Law University of Limerick

3. The way we were Notion of a European criminal process implausible Notion of a European criminal process implausible Irish criminal law and justice are an expression of our sovereignty and part of what we are Irish criminal law and justice are an expression of our sovereignty and part of what we are Change in the basic architecture of criminal law and justice comes slowly Change in the basic architecture of criminal law and justice comes slowly

4. Euro Changes Changes unprecedented in speed and scope since the demise of the Brehon law system Changes unprecedented in speed and scope since the demise of the Brehon law system Currently happening under our noses Currently happening under our noses The Lisbon Treaty will give it a significant boost The Lisbon Treaty will give it a significant boost

5. The criminal process Police Police Prosecution Prosecution Courts Courts Sanctions Sanctions Substantive criminal law Substantive criminal law

6. Europol European Drugs Unit European Drugs Unit Europol Convention 1995; Protocols Europol Convention 1995; Protocols Initial remit narrow but soon expanded Initial remit narrow but soon expanded An advisory and support body for national forces An advisory and support body for national forces

7. Europol Treaty of Amsterdam 1999 introduces a more operational role Treaty of Amsterdam 1999 introduces a more operational role Competence and powers set to be enhanced further by an EU Decision in 2010 Competence and powers set to be enhanced further by an EU Decision in 2010

8. Europol and Lisbon A more open-ended remit A more open-ended remit Europol officers on the ground with gardai Europol officers on the ground with gardai EU operational powers for Europol officers and gardai EU operational powers for Europol officers and gardai A European police force operating alongside, and even directing, gardai A European police force operating alongside, and even directing, gardai

9. Other police developments Schengen Schengen Cross border surveillance Cross border surveillance Hot pursuit across borders Hot pursuit across borders Joint investigation teams Joint investigation teams

10. Eurojust Initially set up on an informal basis Initially set up on an informal basis Prosecutor, police officer or judge Prosecutor, police officer or judge Status and powers determined by national law Status and powers determined by national law Broad remit Broad remit

11. Eurojust Advisory role to national authorities in prosecutions/investigations Advisory role to national authorities in prosecutions/investigations Competent to request prosecutions Competent to request prosecutions Proposed EU Decision will significantly enhance powers and functions Proposed EU Decision will significantly enhance powers and functions

12. Eurojust and Lisbon Power to initiate criminal investigations and, arguably, prosecutions Power to initiate criminal investigations and, arguably, prosecutions Establishment of a European Public Prosecutor from Eurojust Establishment of a European Public Prosecutor from Eurojust

13. European Public Prosecutor Power to investigate, prosecute and bring to judgment Power to investigate, prosecute and bring to judgment Functions of prosecutor in national courts Functions of prosecutor in national courts Investigative role Investigative role Remit limited but expandable Remit limited but expandable

14. A European Criminal Court Mutual recognition of judicial decisions Mutual recognition of judicial decisions Evidence Evidence Pre-trial orders and post-conviction penalties Pre-trial orders and post-conviction penalties An Irish court as a Euro court An Irish court as a Euro court

15. Lisbon and the Irish Euro Court EPP prosecutions EPP prosecutions EU rules of evidence and procedure EU rules of evidence and procedure EU rules on judicial review EU rules on judicial review A prosecution by the EPP using EU rules of procedure and EU rules of evidence A prosecution by the EPP using EU rules of procedure and EU rules of evidence

16. Sanctions Free movement of penalties Free movement of penalties Transfer of prisoners Transfer of prisoners Enforcement of financial penalties and the confiscation of criminal assets Enforcement of financial penalties and the confiscation of criminal assets

17. Sanctions Mutual recognition of disqualifications etc Mutual recognition of disqualifications etc Mutual recognition of alternative sanctions, suspended sentences and probation Mutual recognition of alternative sanctions, suspended sentences and probation Free movement of criminal records Free movement of criminal records

18. EU substantive criminal law EC criminal law related to single European market EC criminal law related to single European market Treaty of Amsterdam gives EU competence to legislate for common criminal offences and penalties Treaty of Amsterdam gives EU competence to legislate for common criminal offences and penalties

19. Substantive Criminal Law Trafficking in persons Trafficking in persons Child pornography and prostitution Child pornography and prostitution Confiscation of criminal assets Confiscation of criminal assets Counterfeiting non-cash instruments Counterfeiting non-cash instruments Facilitation of irregular entry or residence Facilitation of irregular entry or residence Drug trafficking Drug trafficking Terrorism Terrorism Protecting the EU’s financial interests Protecting the EU’s financial interests Corruption Corruption Attacks on information systems Attacks on information systems Intellectual property rights Intellectual property rights Organised crime Organised crime

20. Lisbon and substantive criminal law Confirms and strengthens EU competence Confirms and strengthens EU competence EU definitions and sanctions for serious crimes with a cross-border dimension EU definitions and sanctions for serious crimes with a cross-border dimension EU criminal laws to implement EU policies EU criminal laws to implement EU policies

21. What emerges from all of this ? Architecture of traditional Irish criminal process undergoing a period of rapid and fundamental change Architecture of traditional Irish criminal process undergoing a period of rapid and fundamental change Changes reflect the emergence of a distinct EU criminal process Changes reflect the emergence of a distinct EU criminal process Lisbon takes these changes to a higher level Lisbon takes these changes to a higher level A opt out will not change the underlying reality A opt out will not change the underlying reality

22. Why is it happening ? Free movement of criminals must be countered by the free movement of criminal justice Free movement of criminals must be countered by the free movement of criminal justice Distribution of EU € billions must be protected by EU mechanisms for combating fraud Distribution of EU € billions must be protected by EU mechanisms for combating fraud

23. Achtung! A community’s sense of identity and familiarity with its criminal law must be preserved A community’s sense of identity and familiarity with its criminal law must be preserved Must ensure that effective remedies are available to correct mistakes and abuses in the Euro process Must ensure that effective remedies are available to correct mistakes and abuses in the Euro process

24. Achtung! Fundamental values of transparency, accountability, democracy, human rights and the rule of law must be protected Fundamental values of transparency, accountability, democracy, human rights and the rule of law must be protected There are positives on some of these fronts in the Lisbon Treaty There are positives on some of these fronts in the Lisbon Treaty