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Criminal Justice Project

 

             

INTERNATIONAL JUDICIAL COOPERATION IN CRIMINAL MATTERS IN PRACTICE

Simultaneous seminar sets, EAW and MLA simulations

Lisbon and Rome, 5-6-7 March 2012

EJTN welcomes the participants to the next set of seminars to this specific webpage designed to provide them with relevant background information.

  • Seminars composition

Each seminar will be composed of two national Core groups representing two Member States. They will compare the effectiveness of their legal systems with the presence of judges and prosecutors from other Member States (Observers) who will be called to interact with them.

Core
Group 1
  

Core
Group 2
  
Observers         Documents
Lisbon Portugal Slovenia

Italy
France
The Netherlands

Draft programme
Conditions
of participation

Rome Italy

Poland

Portugal
Slovenia
The Netherlands
Draft programme
Conditions
of participation
 
  • Seminars methodology

A unique simulation recreating an environment of international cooperation between judicial authorities will be established during the training sessions where participants will be requested to draft real cooperation requests.

Each of the seminars will study the progress of cases written by experts and calling for the use of EU mutual recognition and judicial cooperation instruments. Participants will learn about the practical questions that arise under their own legal system as well as under the systems of their colleagues in other EU Member States when executing European Arrest Warrants (EWA) or requesting Mutual Legal Assistance (MLA).

A comprehensive overview of the work of EUROJUST and the EJN and their contribution to the process of international judicial cooperation in criminal
matters will be examined.
 

  • Documentation

This set of seminars will cover issues related to drug trafficking and money laundering as well as fraud at the Rome’s seminar.
The practical cases will be distributed at the seminar only but to facilitate the discussions during the workshops, participants are kindly ask to bring with them the following legislation:

EU and International legislation

Area Act Reference
Mutual legal assistance in criminal matters European Convention on Mutual Legal Assistance in Criminal Matters (20.04.1959 – Strasbourg)

Download

 
Schengen agreement The Schengen acquis – Convention implementing the Schengen Agreement of 14 June 1985

OJ L239
22.09.2000

Download  
Mutual Legal Assistance in Criminal Matters Council Act of 29 May 2000 established in accordance with Article 34 of the Treaty on European Union the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union OJ C197/1
2.7.2000
Download 
Mutual Legal Assistance in Criminal Matters Council  Act of 16 October 2001 establishing, in accordance with Article 34 of the Treaty on European Union, the Protocol to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union OJ C326/1
21.11.2001

Download

 
Cyber crime

Council of Europe Convention on Cybercrime (23.11.2001, Budapest)

Download

 
European Arrest Warrant Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States

OJ L190
18.7.2002

 

Download

 
Freezing order Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence OJ L196/45
2.8.2003

Download

 


A more extensive list of relevant legislation and decisions is available in the general background documentation in Criminal matters document which provides access to the legal instruments via hyperlinks to the respective EU websites where these instruments are stored. Please review the document's use instructions before use.

Furthermore, an extensive EU criminal justice panorama, the EJTN Criminal Guidelines (Fourth Edition) is available on the EJTN’s website.

Finally the website of the European Judicial Network (EJN) provides detailed information on legislation and judicial cooperation tools in the Library section.

Finally, information on the sources of law and the "ne bis in idem" in international cooperation in criminal matters are developped in the excerpts available here (Schomburg et.al., International Cooperation in Criminal Matters, 5th ed. Munich 2012).

National legislation

Participants are also kindly requested to bring with them the national legislation implementing the EAW, Council Framework Decision on the execution in the EU of orders of freezing property or evidence, Judicial cooperation in criminal matters as well as the Criminal Code and Procedural Criminal Law. 

- Portuguese legislation
National law on cooperation in criminal matters  (Law n° 144/99 of 31 August) -EN 
European Arrest Warrant (Law n°65/2003 of 23 August) – EN
National law implementing the Eurojust decision (Law n° 36/2003 of 22 August) - EN

- Slovenian legislation
Criminal code - EN
Criminal Procedure Act - EN
Amendment to the Criminal Procedure Act I - EN
Amendment to the Criminal Procedure Act II - EN
Amendment to the Criminal Procedure Act III - EN
Act Cooperation in Criminal Matters with the EU Member States - EN

- Italian legislation
Procedural Criminal Code (relevant articles) -  IT
European Arrest Warrant (legge 22 abril 2005, n°69) - IT

- Polish legislation
European Arrest Warrant (Criminal Procedural Code) PL - EN

 Finally, detailed information on the implementation of the EAW by the Member States can be found at the website of the T.M.C. Asser Institute.

 

Projects


LINGUISTICS

 
CRIMINAL JUSTICE
PROJECT

 

THEMIS

 
UPGRADED CATALOGUE
ACTIVITIES 2012 


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