THE ROLES OF EUROJUST, EUROPOL AND CARIN Towards a better Understanding and Coordination among EU Member States EJTN CRIMINAL JUSTICE SEMINAR – Brussels, 22 May 2019
Eurojust‘s Headquarter 06/05/2019 Criminal justice across borders 2
Eurojust in a nutshell WHAT ? To ensure better coordination and cooperation between judicial and law enforcement authorities in the Member States in the fight against serious organised cross-border crime and terrorism Eurojust is managed by the College of Eurojust, WHO ? which is composed of 28 National Members, and supported by National Desks and an Administration. The College elects its President and Vice-Presidents. 06/05/2019 Criminal justice across borders 3
Liaison Prosecutors and Third States 06/05/2019 Criminal justice across borders 4
Eurojust’s competences Fighting serious and organised cross-border crime: 06/05/2019 Criminal justice across borders 5
Eurojust case cycle Level I meeting Request (all National received Members) Level II meeting Case closed (concerned National at Eurojust Members) Coordination Joint issues discussed investigation team Level III meeting Coordination centre (with national authorities) 06/05/2019 Criminal justice across borders 6
Coordination meetings 06/05/2019 Criminal justice across borders 7 7
Coordination meetings (2018) • Purpose: to coordinate ongoing investigations and prosecutions by • Facilitating the exchange of information, • Supporting the execution of EIOs or other coercive measures (e.g. search warrants and arrest warrants), • Facilitating the possible setting up and functioning of a JIT, and • Detecting and solving conflicts of jurisdiction, ne bis in idem -related issues or other legal or evidential problems • Simultaneous interpretation • Frequently used operational tool: 359 CMs involving 431 cases in 2018 • Top crimes: OCG, money laundering, fraud 06/05/2019 Criminal justice across borders 8
Coordination centres Searches Freezing or confiscation Seizures orders EUROJUST Coordination centre Arrests Witness JOINT ACTION DAY interviews 06/05/2019 Criminal justice across borders 9
Coordination centres (2018) • Central hub for the real-time exchange of information and for coordinating the joint execution of judicial and law enforcement measures in different countries (e.g. arrest warrants) • The joint operations are constantly monitored and coordinated at EJ • All participating authorities are linked to each other at all times via dedicated telephone lines and computers • 2018 statistics: • 17 CCs organised by 9 NDs • Top crimes: money laundering and fraud 06/05/2019 Criminal justice across borders 10
Joint investigation teams (JITs) 06/05/2019 Criminal justice across borders 11
Eurojust support to JITs 06/05/2019 Criminal justice across borders 12
Joint investigation teams (2018) • Eurojust plays a prominent role by supporting the establishing and operation of JITs and advising practitioners, as a centre of judicial and legal expertise • 2018 statistics: • 227 JITs supported by EJ • 85 newly established • 14 involving third States • Crime Types: THB, Drug trafficking, Money laundering 06/05/2019 Criminal justice across borders 13
Recurring Problems in Asset Recovery/Economic Crime Alternative: Request according to Warsaw convention <-> Certificate Scope of Confiscation – Example Israel Asset Tracing: – What is possible in Member States? – Dun & Bradstreet-analysis Predicate offence for money laundering Admissability of evidence 06/05/2019 Criminal justice across borders 14
Case example Urgent request for freezing from CZ Consultations, Translation Transmission to Austria Execution by prosecutor-on-duty 06/05/2019 Criminal justice across borders 15
Case example Appeal against freezing order Legal Considerations Co-ordination meeting in Vienna Decision of Higher Regional Court 06/05/2019 Criminal justice across borders 16
Other examples of assistance European Investigation Order – Lack of experience – Search for correct authority – Exchange of drafts eEvidence – SIRIUS Project – Commission proposal Possible assistance for trial judges 06/05/2019 Criminal justice across borders 17 17
Bridge-building with Europol 06/05/2019 Criminal justice across borders 18
Europol General Structure Financial and technical support European Criminal Asset Bureau Analysis Project Asset Recovery 06/05/2019 Criminal justice across borders 19
Communication with Europol SIENA Secure Information Exchange Network Application Exchange of sensitive operational data between MS, Europol and Third parties Organisational Entity varies from MS to MS 06/05/2019 Criminal justice across borders 20
Analysis Project Asset Recovery Main purpose of : support the tracing and identification of criminal proceeds linked to Europol’s mandated crime areas Cross-match data-base fed by SIENA messages 06/05/2019 Criminal justice across borders 21
Example of Cross-Matching 06/05/2019 Criminal justice across borders 22
Network of AROs Legal Basis: EU Council Decision 2007/845/JHA National contact points for facilitating tracing of assets Communication via SIENA Secretariat at Europol 06/05/2019 Criminal justice across borders 23
CARIN Camden Asset Recovery Inter-Agency Network Secretariat at Europol Network of Asset Recovery practitioners from 53 jurisdictions and 9 international organisations 06/05/2019 Criminal justice across borders 24
CARIN – Member States 06/05/2019 Criminal justice across borders 25
CARIN - Functions Informal network to exchange information on MS Centre of expertise Strategical Advisor to political bodies Training programmes concerning all aspects of confiscation 06/05/2019 Criminal justice across borders 26
CARIN – Possible Assistance for practitioners Accessible to both judicial and law enforcement authorities Helps to locate assets in a specific country Offers assistance concnering freezing/seizure/confiscation procedures Shares experience in asset management 06/05/2019 Criminal justice across borders 27
Michael Schmid Deputy National Member for Austria at Eurojust mschmid@eurojust.europa.eu +31 70 412 5115 www.eurojust.europa.eu Follow Eurojust on Twitter and LinkedIn @ Eurojust 06/05/2019 Criminal justice across borders 28
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