Download or read book Report on Eurojust s Casework in the Field of the European Investigation Order written by and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Directive on the European Investigation Order (EIO DIR) was introduced to replace and improve the legal framework of mutual legal assistance (MLA). In many cases, the existence of standard forms (available in all EU languages), the increased role of judicial authorities (as issuing or validating authorities), the limited grounds for refusal and the time limits proved successful and had a positive impact on judicial cooperation. Yet, for the mutual recognition formula to be fully successful, it is crucial that the templates be duly filled in, the grounds for non-recognition be applied correctly and time limits be fully respected. This has not always been the case and, in practice, many practitioners have often struggled with the practical application of this instrument. The aim of this report, which is complementary to previously published documents by Eurojust (and the European Judicial Network (EJN)), is to inform both practitioners and policymakers of the main difficulties encountered in the practical application of the European Investigation Order (EIO) on the basis of Eurojust's casework and to highlight, where relevant, the role that Eurojust has played in overcoming such difficulties. The report is primarily based on the analysis of cases addressing issues related to the EIO registered at Eurojust between May 2017 and May 2019, and is complemented by views expressed during dedicated discussions with some Eurojust National Desks. The report clearly indicates that the EIO is not yet functioning as a well-oiled machine. There are still several ongoing issues encountered throughout the life cycle of the EIO. Eurojust has played an important role in facilitating cooperation and ensuring coordination in both bilateral and multilateral cases involving EIOs. In the vast majority of cases handled by Eurojust, the issues mentioned throughout the report were resolved and EIOs could be executed successfully.
Download or read book European Investigation Order written by Maria Angela Biasiotti and published by Springer Nature. This book was released on 2023-09-04 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the era of globalisation, cross-border crimes are becoming increasingly common. The nature of these crimes is complex, and cross-border evidence exchange is, therefore, crucial to the successful prosecution of these offences. The exchange of evidence between countries can provide invaluable assistance in solving crimes that have an international dimension. The European Investigation Order (EIO) allows judicial authorities to request evidence more quickly and easily than via traditional instruments. The EIO has become the primary legal tool for gathering trans-border evidence, replacing the traditional Mutual Legal Assistance (MLA) conventions previously used. However, the EIO is not the only pertinent legal instrument for cross-border evidence gathering within the EU. Accordingly, professionals need a clear understanding of this subject. Exchanging evidence among judicial authorities in the EU Member States presupposes two essential components. First, there must be a secure communication channel. This is provided by e-CODEX, which offers a European digital infrastructure for secure cross-border communication in the field of justice. Recently (May 30th, 2022), the e-CODEX system became the digital backbone of EU judicial cooperation in civil and criminal matters on the basis of Regulation 2022/850. To achieve effective evidence exchange via EIO/MLA legal instruments, there must also be a communication tool. This is provided by the e-Evidence Digital Exchange System, which is capable of managing any EIO/MLA procedures/instruments, from the e-Forms (EIO Annexes) to the whole business logic, on the basis of the e-CODEX system. Finally, it is essential to use a uniform standard for the representation of evidence data and metadata, so as to streamline the process and make investigations more effective, in particular when it comes to complicated criminal cases where it is key to find either correlations among different cases or to extract multiple types of data from the same inspection. The importance of cross-border evidence exchange in criminal matters cannot be overstated. This book addresses all the above-mentioned aspects, offering an up-to-date overview of scenarios in cross-border judicial cooperation from both juridical and technical standpoints.
Download or read book Report on Eurojust s Casework in the Field of the European Arrest Warrant written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The framework decision on the European Arrest Warrant and the surrender procedures between Member States (EAW FD) was adopted in 2002. It was the first instrument in the field of judicial cooperation in criminal matters that was based on the principle of mutual recognition and aimed at simplifying and accelerating cooperation between Member States. Over the past 17 years, Member States have gained a lot of experience with the EAW FD. The aim of this report is to inform both practitioners and policymakers of the main difficulties encountered in the practical application of the European Arrest Warrant (EAW) on the basis of Eurojust's casework and to highlight, where relevant, the role that the European Union Agency for Criminal Justice Cooperation (Eurojust) has played in overcoming such difficulties. Between 2017 and 2020, 2 235 cases involving EAWs were registered at Eurojust. The report clearly indicates that there are still several ongoing issues with the use of the EAW and that Eurojust has played an important role in facilitating cooperation and ensuring coordination in both bilateral and multilateral cases involving EAWs. Based on Eurojust's casework, solutions and best practices were identified, but the report also stresses some challenges that one should be aware of and sets out the main conclusions reached and recommendations proposed. Some of the conclusions of this report, particularly those that touch upon core features of the principle of mutual recognition, are similar to those of other Eurojust reports on other mutual recognition instruments.
Download or read book Admissibility of Evidence in EU Cross Border Criminal Proceedings written by Lorena Bachmaier Winter and published by Bloomsbury Publishing. This book was released on 2024-05-16 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.
Download or read book Report on Eurojust s Casework on Victims Rights written by and published by . This book was released on 2022 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report draws on the experience gained by the European Union Agency for Criminal Justice Cooperation (Eurojust) in relation to victims' rights. Based on Eurojust casework and using case examples, the report identifies challenges faced by practitioners and presents solutions and best practices to overcome them. Eurojust is a unique hub based in The Hague (The Netherlands) where national judicial authorities work closely together to fight serious organised cross-border crime. The role of the agency is to help make Europe a safer place by coordinating the work of national authorities - between the EU Member States as well as third States - in investigating and prosecuting transnational crime.
Download or read book The Cambridge Companion to European Criminal Law written by Kai Ambos and published by Cambridge University Press. This book was released on 2023-02-28 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a straightforward, comprehensive and up-to-date picture of the state of affairs in European Criminal Law.
Download or read book Joint Note of Eurojust and the European Judicial Network on the Practical Application of the European Investigation Order written by and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this document is to provide guidance to practitioners on the practical application of Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order (EIO) in criminal matters (the 'European Investigation Order Directive' or 'EIO DIR') (1). It is a compilation of information, highlighting issues/challenges, possible solutions and best practice, as gathered by Eurojust and the European Judicial Network (EJN) from meetings, documents and casework. This Joint Note addresses identified issues related to the four main phases of the lifecycle of an EIO (the issuing phase, the transmission phase, the recognition phase and the execution phase), as well as issues related to the scope of the EIO DIR and its use vis-à-vis other co-existing legal instruments, the competent authorities, the content, form and language of the EIO and the use of some specific investigative measures. This Joint Note is considered a living document, and Eurojust and the EJN intend to continue to update it in the future.
Download or read book The Fight Against Impunity in EU Law written by Luisa Marin and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.
Download or read book Report on Eurojust s Casework in the Field of the European Arrest Warrant 2014 2016 written by and published by . This book was released on 2017 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Eurojust Report on the Transfer of Proceedings in the European Union written by and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transfers of proceedings constitute a specific form of judicial cooperation that allows national authorities to overcome issues related to concurrent jurisdictions and multiple criminal proceedings, especially in relation to cross-border crime, in the interest not only of the effectiveness of justice but also of the fundamental rights of the suspect/accused. In the absence of a specific EU instrument regulating transfers of proceedings, Member States currently recur to a plurality of legal bases for this purpose, which results in different conditions and procedures being observed in each case. The aim of this report is to inform practitioners and policymakers of the main challenges encountered in Eurojust casework on transfer of proceedings and to highlight the role that Eurojust has played in overcoming such issues. The report is based on the replies to a questionnaire circulated among the Eurojust National Desks, the analysis of cases registered at Eurojust between 2019 and 2021, and is complemented by the findings of the previous documents published by Eurojust on this topic. The report clearly indicates that the current fragmented legal framework leads to several legal issues and difficulties in practice, often making transfers of proceedings to another Member State a cumbersome and not always successful procedure. In Eurojust casework, solutions and best practices were identified, but the report also underlines a number of challenges that practitioners and policymakers should be made aware of.
Download or read book Report on Eurojust s Casework in Asset Recovery at a Glance written by and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of the Report on Eurojust's Casework in Asset Recovery is to assist competent judicial authorities in the EU Member States to effectively recover criminal assets and to contribute to the fight against transnational crime. The report is primarily based on the analysis of cases addressing asset recovery issues registered at Eurojust between 1 January 2014 and 31 March 2018, and is complemented by views expressed during dedicated discussions with some Eurojust National Desks. The report constitutes an overview of the main legal and practical issues encountered by Eurojust in its casework in asset recovery, the support provided by Eurojust at any given stage of the asset recovery process, the main judicial cooperation instruments and tools used, and the best practice identified.
Download or read book Report on Eurojust s Casework on Environmental Crime written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental crime is the fourth-largest criminal activity in the world, growing at a rate of between 5 % and 7 % per year, according to an Interpol and UN Environment Programme estimate. This increase, combined with the organised, transnational nature of environmental crime, requires administrative, law enforcement and judicial authorities to adopt a coordinated approach at both national and international level.The Report on Eurojust's Casework on Environmental Crime summarises the experiences encountered in the nearly 60 cross-border environmental criminal cases referred to Eurojust during the five-year period from 2014 to 2018. The report provides a concise overview of the legal and operational challenges arising in such cases. It highlights best practice to help national authorities to overcome these challenges, build trust, develop sustainable cooperation within the European Union and with non-EU countries, ensure efficiency during investigations and achieve successful prosecutions.
Download or read book Eurojust s Casework in Asset Recovery at a Glance written by and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Eurojust's Casework in Asset Recovery at a Glance aims to assist competent judicial authorities in the EU Member States in effectively recovering criminal assets and in contributing to the fight against transnational crime. Eurojust's Casework in Asset Recovery at a Glance is primarily based on the analysis of cases addressing asset recovery issues registered at Eurojust between 1 January 2014 and 31 March 2018, and is complemented by views expressed during dedicated discussions with some Eurojust National Desks. Eurojust's Casework in Asset Recovery at a Glance tracks the four stages of the asset recovery process. It constitutes an overview of the main legal and practical issues encountered by Eurojust in its casework in the field of asset recovery, the support provided by Eurojust at any given stage of the asset recovery process, the main judicial cooperation instruments and tools used, and best practice identified. Eurojust's Casework in Asset Recovery at a Glance constitutes an abbreviated version of the Report on Eurojust Casework in Asset Recovery.
Download or read book Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU written by Alejandro Hernández López and published by Springer Nature. This book was released on 2022-11-21 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings established an ad hoc procedure for settling conflicts of criminal jurisdiction based on the mutual exchange of information and the establishment of direct consultations between the competent authorities with a view to reaching consensus on an effective solution. However, neither common legally binding criteria for deciding the best jurisdiction nor specific rules for the transfer of proceedings (which can occur after parallel proceedings have been identified) were established in this instrument, or in any other instrument adopted by the EU to date. This book analyses the current EU legal framework on conflicts of jurisdiction and transfer of criminal proceedings, paying special attention to its numerous shortcomings and loopholes from a fundamental rights and due process of law perspective. The book begins with an assessment of the various principles and grounds used by Member States for claiming criminal jurisdiction. Secondly, de lege lata EU procedure on the settlement of conflicts of criminal jurisdiction, as well as its implementation in Spain and Italy, are thoroughly examined. After discussing the main principles and fundamental rights at stake, the author proposes two alternative and original de lege ferenda models for the prevention and settlement of conflicts of criminal jurisdiction and transfer of criminal proceedings, exploring the different possibilities offered by the EU’s primary law.
Download or read book The Role of EU Agencies in Fighting Transnational Environmental Crime written by Valsamis Mitsilegas and published by BRILL. This book was released on 2017-02-06 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study by Valsamis Mitsilegas and Fabio Giuffrida addresses the role of the EU criminal justice agencies -Europol and Eurojust- in tackling transnational environmental crime and it shows that their full potential is not yet adequately exploited in this field.
Download or read book Report on Eurojust s Experience in the Field of Asset Recovery Including Freezing and Confiscation written by and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report concerns Eurojust's experience in the field of asset recovery, including freezing and confiscation in the period 2010 to 2013. With regard in particular to Eurojust's drug trafficking cases the reference period is September 2008 to August 2012. With regard to Eurojust's trafficking in human being cases the reference period is 2008-2013. The report is based on Eurojust's casework, projects dedicated to Eurojust's casework in specific crime types, Eurojust's opinions on draft EU legislation, and seminars, meetings or similar events organised or co-organised by Eurojust. The report is divided into two parts: I. Role of Eurojust in the field of asset recovery, including freezing and confiscation II. Eurojust's experience in the field of asset recovery, including freezing and confiscation.
Download or read book EU Justice and Home Affairs Law written by Steve Peers and published by Oxford University Press. This book was released on 2023-10-26 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Criminal Law, Policing, and Civil Law offers comprehensive coverage and expert analysis of every facet of EU Justice and Home Affairs Law concerning policing, criminal law, and cross-border civil cooperation. Fully updated to include the latest legislation and case law, this volume includes discussion of Europol, Eurojust, the European Public Prosecutor, fair trials laws, the European Arrest Warrant, the European Investigation Order, transfer of prisoners, EU rules on double jeopardy, exchange of policing information, interception of telecoms, and cross-border cooperation on civil cases. It also fully explains the EU's relationship with the UK in this field after Brexit, as well as the EU's arrangements with other non-EU countries. Steve Peers' seminal text, EU Justice and Home Affairs Law, appears in its fifth edition and is available in two separate volumes covering asylum and immigration law and criminal law, policing, and civil law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.
