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    Judicial cooperation in criminal matters within the EU is based on the principle of mutual recognition of judgments and decisions. The European Investigation Order was established in 2014 to replace letters of request and simplify cross-border investigations. It and other instruments like the European Arrest Warrant aim to fight criminal organizations and bring offenders to justice across EU countries. Member States must recognize and enforce judicial decisions from other EU countries to facilitate cooperation.

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    Judicial cooperation in criminal matters within the EU is based on the principle of mutual recognition of judgments and decisions. The European Investigation Order was established in 2014 to replace letters of request and simplify cross-border investigations. It and other instruments like the European Arrest Warrant aim to fight criminal organizations and bring offenders to justice across EU countries. Member States must recognize and enforce judicial decisions from other EU countries to facilitate cooperation.

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    32 views9 pages

    EU Cooperation in Criminal Matters PDF

    Uploaded by

    John Bond
    Judicial cooperation in criminal matters within the EU is based on the principle of mutual recognition of judgments and decisions. The European Investigation Order was established in 2014 to replace letters of request and simplify cross-border investigations. It and other instruments like the European Arrest Warrant aim to fight criminal organizations and bring offenders to justice across EU countries. Member States must recognize and enforce judicial decisions from other EU countries to facilitate cooperation.

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    of 9

    EUROPEAN COURTS:

    COOPERATION
    CRIMINAL MATTERS
    JUDICIAL COOPERATION IN THE EU
    JUDICIAL COOPERATION

    • A European dimension is often present in criminal matters. To fight a


    criminal organisation active in several EU countries, or to bring to justice
    an offender who tries to hide in a different EU country or also hear the
    testimony of a witness who is in a different country, judicial cooperation
    is necessary.
    • Judicial cooperation in criminal matters is based on the principle of
    mutual recognition of judgments and judicial decisions by EU
    countries. It was introduced by the Maastricht Treaty under Title V
    (provisions on a common foreign and security policy).
    EUROPEAN INVESTIGATION ORDER

    • The European Investigation Order (EIO) is a core instrument in judicial


    cooperation in the European Union. It was established by Directive
    2014/41/EU.
    • It replaces Letters of Request for investigative measures between
    Member States bound by this instrument, provides for mutual
    recognition of judicial decisions, and simplifies and accelerates cross-
    border criminal investigations.
    • The deadline for its transposition by the Member States was 22 May
    2017. Since 15 September 2018, all Member States take part in the EIO
    with the exception of Denmark and Ireland.
    EAW
    Council Framework Decision 2002/584/JHA of 13
    June 2002 on the European Arrest Warrant and
    the surrender procedures between Member
    States:
    “A judicial decision issued by a Member State
    with a view to the arrest and surrender by
    another Member State of a requested person, for
    the purposes of conducting a criminal
    prosecution or executing a custodial sentence or
    detention order.”
    Som other instruments of mutual recognition
    in criminal matters (I)
    • Financial Penalties: Council Framework Decision 2005/214/JHA of 24
    February 2005 on the application of the principle of mutual
    recognition to financial penalties

    • Transfer of Prisoners: Council Framework Decision 2008/909/JHA of


    27 November 2008 on the application of the principle of mutual
    recognition to judgments in criminal matters imposing custodial
    sentences or measures involving deprivation of liberty for the
    purposes of their enforcement
    Other instruments of mutual recognition in
    criminal matters (II)

    • Supervision Measures: Council Framework Decision 2009/829/JHA of


    23 October 2009 for supervision measures as an alternative to
    provisional detention

    • European Protection Order: Directive 2011/99/EU of 13 December


    2011 on the European Protection Order
    Example 1
    On 25 November 2015 the Public Prosecutor’s Office in Chemnitz, Germany, issued a European
    Arrest Warrant against the Polish national O.J. for the purposes of conducting criminal proceedings
    in respect of a burglary committed on 10 October 2014 in Germany. On 18 January 2016 K.W. was
    arrested in Poland. He did not consent to his surrender to the German authorities.
    In order to oppose his surrender O.J. argued that he had not committed the crime in question and
    had never travelled to Germany. Furthermore, O.J. gave the name of another person who had
    allegedly been using a fake ID in his name and had previously served the prison sentence in Austria
    under his name.

    Matters to be resolved:
    1. Is the Polish executing authority entitled/obliged to investigate the circumstances mentioned by
    O.J. before making a decision on surrender?
    2. Can the Polish executing authority request supplementary information from the requesting
    authority?
    3. Can the Polish executing authority refuse to execute the European arrest warrant against O.J. on
    the ground that it is likely that O.J. had not committed the crime he was charged with in Germany?

    [Thanks are due to Monika Skinder-Pik for this example]


    Example 2
    • A Maltese court requested a Polish court by means of an EIO to
    provide legal assistance by hearing a witness who prior to a hearing
    should take the oath on the Holy Bible, which is not practised in
    Poland.

    Matters to be resolved
    Could such a procedure be complied with by the executing authority in
    your country? If not, on what grounds?

    [Thanks are due to Monika Skinder-Pik for this example]

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