1. 16/10/2015 1 THE GREAT BRITISH OPT-OUT Aled Williams

2. Eurojust TFEU Article 85.1: “to support and strengthen coordination and cooperation between national investigating and prosecuting authorities” re – Serious crime affecting 2 or more MS – Requiring a prosecution on common bases 220 EU staff; 50 MS staff; 32m euro budget 200 coordination cases per year. (UK 50+) 16/10/2015 2

3. What might we gain? Opportunity to renegotiate? Avoid “federalist tendencies” ? – CJEU jurisdiction – infringement procedures 16/10/2015 3

4. What might we lose (re Eurojust)? Emphasis on co-ordination and cooperation Effective fight against delay Alternative to EPPO 16/10/2015 4

5. Coordination and cooperation 200 Coordination meetings p.a. – UK in 50+; cost – Who prosecutes; disclosure obligations; coordination of searches and arrests JITs – Eurojust Decision 9f – 26 UK funding applications to Eurojust in 2011 7 Coordination centres in 2011; UK in 3 16/10/2015 5

6. Effective fight against delay Coordination “Save the day” cases EAWs 16/10/2015 6

7. Eurojust as alternative to EPPO? TFEU Article 86.1 – “may establish European Public Prosecutor’s Office from Eurojust” European Union Act 2011 s.6(5)(c) referendum and Act necessary re – “a decision under Article 86(1) of TFEU involving participation by the United Kingdom in a European Public Prosecutor's Office; “ 16/10/2015 7

8. Eurojust as alternative to EPPO? TFEU Art 85.1 regulations re tasks including – initiation of criminal investigations – proposing the initiation of prosecutions by competent national authorities, particularly those relating to offences against the financial interests of the Union Art. 85.2:..”formal acts of judicial procedure shall be carried out by the competent national officials” 16/10/2015 8

9. Eurojust as alternative to EPPO? Current obligation to notify Eurojust National Member of “fraud affecting the financial interests of the European Communities” – Eurojust Decision Art 13.6.(a)(vi) OLAF – Eurojust cooperation re the protection of the financial interests of the European Communities “where the competent national authorities” agree. 26.4 16/10/2015 9