1. Welcome

2. Eurojust: co-operation or integration in cross-border prosecutions? Implementation of Articles 85 and 86 TFEU IALS 12 December 2011 Aled Williams President of Eurojust National Member for the UK

3. Outline Eurojust:between cooperation and integration Articles 85 and 86 Evidence?

4. Cooperation/integration Cooperation Mutual legal assistance Mutual recognition Integration Lisbon....Articles 85 and 86 Mutual recognition

5. What is Eurojust? Europe’s Judicial Co-operation Unit [TEU Art 29] Established 2002: judges, prosecutors, police officers (1 per 27 MS) Serious cross-border crime affecting EU: 200/1400

6. Cooperation/integration: MS and COM MS: Prosecutors, judges, police 40 SNE: Ditto 15 COM: Staff 215

7. C/I: MS and COM Income……………………… c.32m euros 2011……………………………c.35m euros 2010 EurojustEuropol Personnel 270 (40 + 15) 700 (130) COM Budget€ 33m93m

8. C/I: wording “to improve cooperation between the competent national authorities with regard to investigations and prosecutions in relation to serious crime, particularly when it is organised, involving two or more Member States; Pro Eurojust 2000

9. C/I: wording “ Eurojust’s mission shall be to support and strengthen coordination and cooperation between national investigating and prosecuting authorities...” TFEU 85.1

10. C/I:Eurojust Decision Opinions Powers in urgent cases Joint Investigation Teams Information exchange

11. C/I:opinions, powers Eurojust College “written non-binding opinions” conflicts of jurisdiction recurrent refusals or difficulties in judicial cooperation “provided the matter could not be resolved through mutual agreement between the competent national authorities concerned.” Eurojust Decision Art.7 National member powers in urgent cases controlled deliveries execute mutual recognition instruments Art.9d

12. C/I: JITs Funding  “National members … shall be invited to participate in any JIT involving their MS and for which Community funding is provided...” Article 9f  2.3m euros + 37 JITs supported October 2010- November 2011:  UK biggest participant and recipient

13. C/I Information exchange “The competent authorities of the Member States shall exchange with Eurojust any information necessary for the performance of its tasks...” Eurojust Decision Article 13 Consequences for non- compliance?

14. Co-operation or integration? Article 85: Eurojust co-operation ? Article 86: EPPO integration ?

15. C/I :Articles 85/86 “formal acts of judicial procedure shall be carried out by the competent national officials.” 85.2 “It [EPPO] shall exercise the functions of prosecutor in the competent courts of the Member States in relation to such offences.” 86.2

16. Arts 85 and 86:Timing Article 85 TFEU …………Proposal 2012 Article 86 TFEU………….Proposal 2013

17. Article 85 elements Initiation of criminal investigations Conflicts of jurisdiction Structure Parliamentary evaluation

18. Art.85 :Initiation of criminal investigations? Recommend Order Investigate

19. 2 step approach? Article 85: regulate Eurojust 2012 Investigate + propose prosecution= EPPO? Structure and Parliamentary evaluation Article 86: EPPO 2013

20. “to combat crimes affecting the financial interests of the Union, the Council..may establish a European Public Prosecutor’s Office from Eurojust.” 9/27…other crimes unanimity EPPO proposal..2013

21. Evidence? “Gardening leave” “Dumb insolence”

22. Evidence: Commission annual report re 2010 Reported suspected expenditure fraud Expenditure irregularities 2010478m1.8bn 2009180m1.4bn

23. Irregularity and fraud Irregularity is any infringement of an EU provision..prejudicing the EU’s financial interests. Fraud irregularity committed intentionally with the intention of illicit gain which constitutes a criminal offence.

24. OLAF REFERRALS TO MS FOR “JUDICIAL ACTION” 1999 - 2011 UKGermanyFranceDenmark Cases in 12 years 443929816 Convictions in 12 years 13186423

25. EVIDENCE: CASES REFERRALS Cases referred to national authorites by OLAF Cases referred to OLAF by ECA Cases referred to Eurojust by OLAF 201043 (18 month period) 55 12 months to May 2009 3631

26. Evidence? Conflict of jurisdiction cases at Eurojust? Article 6 : unknown Article 7 (College) 2002-12: 6 OLAF cross-border cases: unknown

27. ICC and EUROJUST