Welcome
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
Outline
Eurojust:between cooperation
and integration
Articles 85 and 86
Evidence?
Cooperation/integration
Cooperation
•Mutual legal assistance
•Mutual recognition
Integration
• Lisbon....Articles 85 and 86
• Mutual recognition
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
Cooperation/integration:
MS and COM
MS:
SNE:
Prosecutors, judges, police 40
Ditto
15
COM: Staff
215
C/I: MS and COM
2010
Eurojust
Europol
Income……………………… c.32m euros
2011……………………………c.35m euros
Personnel
COM Budget€
270
700
(40 + 15)
(130)
33m
93m
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
C/I: wording
“
Eurojust’s mission shall be
to support and strengthen
coordination and
cooperation between
national investigating and
prosecuting authorities...”
TFEU 85.1
C/I:Eurojust Decision
Opinions
Powers in urgent cases
Joint Investigation Teams
Information exchange
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
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 2010November 2011:

UK biggest participant and recipient
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 noncompliance?
Co-operation or
integration?
Article 85: Eurojust co-operation ?
Article 86: EPPO integration ?
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
Arts 85 and 86:Timing
Article 85 TFEU …………Proposal 2012
Article 86 TFEU………….Proposal 2013
Article 85 elements
Initiation of criminal investigations
Conflicts of jurisdiction
Structure
Parliamentary evaluation
Art.85 :Initiation of
criminal investigations?
Recommend
Order
Investigate
2 step approach?
Article 85: regulate Eurojust 2012
•
Investigate + propose prosecution=
EPPO?
•Structure
and Parliamentary evaluation
Article 86: EPPO 2013
EPPO proposal..2013
“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
Evidence?
“Gardening leave”
“Dumb insolence”
Evidence: Commission
annual report re 2010
Reported suspected
expenditure fraud
Expenditure
irregularities
2010
478m
1.8bn
2009
180m
1.4bn
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.
OLAF REFERRALS TO MS
FOR “JUDICIAL ACTION”
1999 - 2011
UK
Germany
France
Denmark
44
392
98
16
Convictions in 13
12 years
186
42
3
Cases in 12
years
EVIDENCE: CASES
REFERRALS
Cases referred to Cases referred
national
OLAF by
authorites by
ECA
OLAF
to
Cases referred to
Eurojust by
OLAF
2010
43
(18 month period)
5
5
12 months to May
2009
36
3
1
Evidence?
•Conflict of jurisdiction cases at
Eurojust?
•Article 6 : unknown
•Article 7 (College) 2002-12: 6
•OLAF cross-border cases:
unknown
ICC and EUROJUST