The EU Law Enforcement Net: The Role of Europol and Eurojust Bryane MICHAEL, Linacre College (Oxford) The material in this presentation is licensed by the author under a Creative Commons licence. Feel free to use as much of this material as you like for teaching or for critique. Graphics used in the presentation is protected by proprietary copyright (which I use under “fair use”). I do not indemnify the user of these slides in case the Europol or Eurojust decide to assert their proprietary copyrights.

Europol MANDATE * Smuggling narcotics and people * Counterfeiting, forgeries and fraud (e.g. VAT carousels) • Euro counterfeiting • Money laundering THE OBJECTIVE Prosaically called criminal gangs of NW, SW, NE and SR JOINT OPERATIONS, JITS ETC Spiderweb – Balkans (B-H) co-operation to dismantle euro printing press Koala – Italian kiddie porn maker and seller busted Criminal Mayham – Joint Investigation terrorist group seized 18 tonnes cigarettes Greensea-Aziyadeh – targeting Chinese stow-aways It is a support service for the law enforcement agencies of the EU member states.

A Europol Primer Basis in Treaty art. K.3 and after tribulations starts in 1999 and full EU agency in 2010 roughly 600 people (including national liaisons) sharing and pooling intelligence to prevent and combat serious international organised crime (art. 3 con on Europol) Three levels of work: work on details and training strategic co-operation (general trends in organised crime & threat assessments). exchange of personal data Europol @ Hague

Eurojust Finland (4) Estonia (25) France (2) Lithuania (1) Germany (1) Spain (2) Example: Operation “Baltico” armed robbery gang across Europe 20 February 2007 an Italian judge issues 35 European Arrest Warrants deals with judicial co-operation.

Eurojust: A Solution to Conflict of Laws? Serial Killer (19 victims, 3 countries) on 32 year killing spree! investigatory matters – evidence collection in ES, DE and FR prosecution – deciding jurisdiction rules of evidence... No Jason Bornes – CCTV started case 4. Eurojust resolves jurisdictional issues truck drivers mischief 2. MLA request to Germany 1. caught on candid camera 3. EAW issued by Spanish Judge

Eurojust Primer Started with Tampere Council of 1999 Started as “collegiate” prosecutor’s round-table €18m budget Association with wide number of networks, contact points, etc. Work with MSs Eurojust sends request to MS to investigate or prosecute specific acts establish jurisdiction set up JITs (Joint Investigation Teams) provide Eurojust with information

Approach for Assistance Remember: Europol like WB (police co-op) and Eurojust like UN (judicial co-op) Contact points or liaisons for Europol (via “strategic agreement) and Eurojust (contact point) police activity get Simic deal with Croatian authorities and Italian authorities to sort out MLA and extradition judicial activity Disclaimer: this is how we do it elsewhere, not a proposal!