Welcome

Eurojust: co-operation or integration in cross-border

prosecutions?

Implementation of Articles 85 and 86 TFEU

IALS 12 December 2011

Aled WilliamsPresident 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: Prosecutors, judges, police 40

SNE: Ditto 15

COM: Staff 215

C/I: MS and COM

Income……………………… c.32m euros

2011……………………………c.35m euros

2010 Eurojust Europol

Personnel 270

(40 + 15)

700

(130)

COM Budget€ 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 2010-

November 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 13Consequences for non-compliance?

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

“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

EPPO proposal..2013

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

Cases in 12 years

44 392 98 16

Convictions in 12 years

13 186 42 3

EVIDENCE: CASES REFERRALS

Cases referred to national authorites by OLAF

Cases referred

to OLAF by ECA

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