THE ROLES OF EUROJUST, EUROPOL AND CARIN Towards a better - - PowerPoint PPT Presentation

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THE ROLES OF EUROJUST, EUROPOL AND CARIN Towards a better - - PowerPoint PPT Presentation

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 Eurojusts Headquarter 06/05/2019 Criminal justice across borders 2


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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

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Eurojust‘s Headquarter

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Eurojust in a nutshell

To ensure better coordination and cooperation between judicial and law enforcement authorities in the Member States in the fight against serious

  • rganised cross-border crime and terrorism

Eurojust is managed by the College of Eurojust, which is composed of 28 National Members, and supported by National Desks and an Administration. The College elects its President and Vice-Presidents.

WHAT ? WHO ?

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Liaison Prosecutors and Third States

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Eurojust’s competences

Fighting serious and organised cross-border crime:

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Eurojust case cycle

Case closed at Eurojust Joint investigation team Coordination centre Level III meeting (with national authorities) Coordination issues discussed Level II meeting (concerned National Members) Level I meeting (all National Members) Request received

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Coordination meetings

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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
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Coordination centres

Arrests Freezing or confiscation

  • rders

Searches Seizures Witness interviews JOINT ACTION DAY

EUROJUST Coordination centre

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Coordination centres (2018)

  • Central

hub for the real-time exchange

  • f

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

  • ther

at all times via dedicated telephone lines and computers

  • 2018 statistics:
  • 17 CCs organised by 9 NDs
  • Top crimes: money laundering and fraud
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Joint investigation teams (JITs)

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Eurojust support to JITs

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Joint investigation teams (2018)

  • Eurojust plays a prominent role

by supporting the establishing and

  • peration
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JITs and advising practitioners, as a centre

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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

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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

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Case example

 Urgent request for freezing from CZ  Consultations, Translation  Transmission to Austria  Execution by prosecutor-on-duty

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Case example

 Appeal against freezing order  Legal Considerations  Co-ordination meeting in Vienna  Decision of Higher Regional Court

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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

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Bridge-building with Europol

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Europol

 General Structure  Financial and technical support  European Criminal Asset Bureau  Analysis Project Asset Recovery

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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

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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

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Example of Cross-Matching

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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

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CARIN

 Camden Asset Recovery Inter-Agency Network  Secretariat at Europol  Network of Asset Recovery practitioners from 53 jurisdictions and 9 international organisations

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CARIN – Member States

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CARIN - Functions

 Informal network to exchange information on MS  Centre of expertise  Strategical Advisor to political bodies  Training programmes concerning all aspects of confiscation

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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

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www.eurojust.europa.eu

Follow Eurojust on Twitter and LinkedIn @ Eurojust

Michael Schmid

Deputy National Member for Austria at Eurojust

mschmid@eurojust.europa.eu +31 70 412 5115