Eurojust
The European Union’s
Judicial Cooperation Unit
THE ESTABLISHMENT OF THE EPPO
FROM EUROJUST: CHALLENGES IN
NATIONAL PROSECUTIONS – THE
EUROJUST PERSPECTIVE
Michèle Coninsx
President EUROJUST
National Member for Belgium
20 Mar 2014
Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests
Irish Centre for European Law, Trinity College, Dublin
Eurojust
28 EU PROSECUTORS/JUDGES
More effective
Coordination
& Cooperation
20 Mar 2014
Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests
Irish Centre for European Law, Trinity College, Dublin
How Eurojust works
• Mandate: serious cross-border crime, and assistance in
investigations and prosecutions concerning a Member
State and the Community
• Set-up: National Desks & College = strong link to national
judicial and law enforcement authorities + collegiate model
• Act upon request: COM Proposal for Eurojust Regulation
stipulates “own initiative”
• Unique tools: coordination meetings, coordination
centres, and centre of expertise in JITs
• Cooperation with JHA partners and third States
20 Mar 2014
Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests
Irish Centre for European Law, Trinity College, Dublin
Recent legislative developments
• Entry into force of the Lisbon Treaty in 2009
• Proposal for a Regulation on OLAF to strengthen
efficiency of investigations in 2011, entry into force in 2013
• Proposal for a Directive on the fight against fraud to the
Union’s financial interests by means of criminal law to
create greater harmonisation in 2012
• Proposals for Regulations on Eurojust and the
establishment of a European Public Prosecutor’s Office
in July 2013 as a package
20 Mar 2014
Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests
Irish Centre for European Law, Trinity College, Dublin
Article 86 TFEU: EPPO a novel actor
• “In order to combat crimes affecting the financial interests of the
Union,...”
•
“...may establish a European Public Prosecutor`s Office “from”
Eurojust.”
• “The European Public Prosecutor`s Office shall be responsible for
investigating, prosecuting and bringing to judgment,...”
 Guiding question:
How is it workable in practice and legal certainty guaranteed?
10 October 2013
Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests
Irish Centre for European Law, Trinity College, Dublin
6
EPPO: structural set-up
• Need for integration in existing landscape of police and judicial
cooperation – principle of mutual recognition
• Strong link to national authorities: investigation of PIF cases
by European Delegated Prosecutors in the Member States in
accordance with national law and judicial follow-up by national
courts – how will interaction with the EPPO take place?
• Acting together with other EU actors in a coordinated and
complementary way, e.g. Eurojust, Europol, OLAF – respective
mandates and interaction to be regulated
• Scenario of enhanced cooperation – cooperation with nonparticipating Member States to be facilitated
20 Mar 2014
Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests
Irish Centre for European Law, Trinity College, Dublin
EPPO: scope of competences
• EPPO with limited scope: crimes adversely affecting the
financial interests of the European Union
• Definition of competence through reference to proposed
“PIF” Directive as implemented by national law
• Exclusive competence?
• Dealing with “connected crimes”
20 Mar 2014
Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests
Irish Centre for European Law, Trinity College, Dublin
EPPO: procedural safeguards and judicial review
• Need for a balanced system between law enforcement
interests and rights of the suspect/ defendant
• Lack of approximation of procedural legislation
applicable to EPPO activities, e.g. admissibility of evidence
• Choice of forum and possible risk of “forum shopping” –
clear criteria required
• Judicial review of procedural measures taken by the EPPO
to be clarified
20 Mar 2014
Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests
Irish Centre for European Law, Trinity College, Dublin
From Eurojust
• Commission’s Proposal(s):‘special relationship’,
provisions in both proposed Regulations, Article 41
Eurojust / Article 57(1) EPPO
• Operational cooperation: exchange/sharing of
information (including personal data), mechanism for
automatic cross-checking of data in Eurojust’s Case
Management System, EPPO can request assistance of
Eurojust, meetings and written opinions
• Administrative cooperation: Eurojust support to the
EPPO through its services and staff
20 Mar 2014
Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests
Irish Centre for European Law, Trinity College, Dublin
Initiatives & What’s next
• Eurojust News Issue on the EPPO, available on Eurojust’s
website
• Outcome Report of the meeting of the Consultative Forum of
Prosecutors General and Directors of Public Prosecutions of the
Member States on the EU, published as Council Document
11628/13 of 27 June 2013
• Legislative development of both Regulations in parallel as
provisions on ‘special relationship’ need to correspond
 Eurojust expectation: this reform will be a step forward
20 Mar 2014
Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests
Irish Centre for European Law, Trinity College, Dublin
Contact Information
Michele Coninsx
President
National Member for Belgium
[email protected]
Tel 00 31 70 412 51 00
www.eurojust.europa.eu
Annual report available at http://www.eurojust.europa.eu/doclibrary/corporate/Pages/annual-reports.aspx
20 Mar 2014
Prospects for Criminal Law at EU Level and Protection of the EU’s Financial Interests
Dublin