1. JUDICIAL COOPERATION IN CRIMINAL MATTERS IN THE EU
Zoran Burić, PhD
University of Zagreb – Faculty of Law
Department for Criminal Procedural Law

2. TOPICS
● ONE OF BASIC COMPETENCES OF THE EU IN THE AREA OF CRIMINAL LAW ● WHAT IS COOPERATION IN CRIMINAL MATTERS? ● PRINCIPLE OF MUTUAL RECOGNITON - DIFFERENCES: TRADITIONAL INTERNATIONAL COOPERATION IN CRIMINAL MATTERS AND JUDICIAL COOPERATION IN CRIMINAL MATTERS IN THE EU ● INSTRUMENTS: FROM FRAMEWORK DECISIONS TO DIRECTIVES - INDIRECT EFFECT OF FRAMEWORK DECISIONS ● AREAS OF REGULATION - EUROPEAN ARREST WARRANT - EUROPEAN EVIDENCE WARRANT/EUROPEAN INVESTIGATION ORDER - LOST OF BALANCE BETWEEN SECURITY AND FREEDOM?

3. BASIC COMPETENCE IN EU CRIMINAL LAW
● Maastricht Treaty → Amsterdam Treaty → Lisbon Treaty ● Article K.1(7) Maastricht ● Article K.1 and K.3 Amsterdam Treaty ● Article 82(1) and (2) Lisbon Treaty -

4. WHAT IS COOPERATION IN CRIMINAL MATTERS?
all actions and measures undertaken by criminal procedural authorities of one state at the request of another state in order to enable prosecution, adjudication or enforcement of a sentence in a criminal matter
mechanisms states use to assist each other in the prosecution of criminal offenders
Extradition and mutual legal assistance in criminal matters

5. PRINCIPLE OF MUTUAL RECOGNITION
DIFFERENCES
TRADITIONAL INTERNATIONAL COOOPERATION IN CRIMINAL MATTER
JUDICIAL COOPERATION BASED ON THE PRINCIPLE OF MUTUAL RECOGNITION
COOPERATION BETWEEN STATES (POLITICAL CONSIDERATIONS)
1. COOPERATION BETWEEN JUDICIAL AUTHORITIES (JUDICIALISATION OF COOPERATION)
2. REQUESTING ASSISTANCE
2. ORDERING MEASURES
3. FLEXIBILITY OF COOPERATION
3. STRINGENCY OF COOPERATION
- BROADLY DEFINED GROUNDS FOR REFUSAL
LIMITED NUMBER OF GROUNDS FOR REFUSAL
- NO DEADLINES
DEADLINES FOR COOPERATION

6. LEGAL INSTRUMENTS MAASTRICHT – CONVENTIONS
AMSTERDAM – FRAMEWORK DECISIONS
- INDIRECT EFFECT OF FRAMEWORK DECISIONS: PUPINO
LISBON - DIRECTIVES

7. PRIMARY AREAS OF REGULATION
● EUROPEAN ARREST WARRANT
EUROPEAN EVIDENCE WARRANT/EUROPEAN INVESTIGATION ORDER
IS BALANCE LOST? – SECURITY V. FREEDOM