Mutual Recognition Instruments
'Mutual Recognition Instruments in the European Judicial Area'
The project is being implemented by EIPA Luxembourg - European Centre for Judges and Lawyers (ECJL) in partnership with- Domstolstyrelsen Denmark- Consiliul Superior al Magistraturii Romania.
The EU has been active in adopting legislation in the field of criminal law in order to facilitate judicial cooperation among EU Member States, to fight serious and organised crime and in general to tackle cross-border criminal activity. While there are a number of legislative instruments in place it is crucial that practitioners, judges and prosecutors are not only aware of the existence of EU legislation, but understand and apply the relevant European – level instruments. This is especially true for mutual recognition instruments which aim to put cross border judicial cooperation in criminal matters at a truly different context, requiring mutual trust and more intensive cooperation both from national authorities and legal practitioners. Having that in mind, the proposed project comprises 3 seminars, designed to improve knowledge, understanding and the ability to apply and administer EU mutual recognition instruments in the field of criminal law.
The objective of this project is three-fold.
- Firstly, to present the cooperation in criminal matters that has already been put in place between Member States in certain specific areas of criminal justice with a view to the most recent developments.
- Secondly, to implement sessions in each seminar dedicated to practical questions related to the application and administration of EU mutual recognition instruments in criminal matters, through discussions, workshops, case studies to exchange experiences and to identify best practice between the different practitioners/jurisdictions present.
- Thirdly, to develop a Common Practice Training Manual comprising a detailed trainer’s note mapping out the pivotal learning points of the topics covered by each session.
Finally, each seminar will be a clear occasion for judges and prosecutors to improve the cooperation amongst each other by understanding the elements of EU law applicable to each of them and at the same time learning about each others’ jurisdictions. It is in this spirit that the project aims to contribute to the development of mutual trust among legal practitioners being the fundamental criteria in establishing an EU area of criminal justice.
The target audience of the project will be legal practitioners having a criminal law background and working in the criminal justice system either in the capacity of a judge, prosecutor or defence lawyer. The participants’ responsibilities and prerogatives as judges and prosecutors will be illustrated through practical analysis of specific instruments and examples of their application in different Member States. Moreover, they will be informed on the latest tools adopted or under discussion as well as receive an overview of the fundamental characteristics of the new institutional processes governing the area.
After each seminar, you can download the relevant training materials:
Mutual recognition in extradition - The European Arrest Warrant – a decade of experience
Copenhagen, 3-4 September 2014
Download : training materials
Mutual recognition in sanctions: Financial penalties, probation decisions and custodial sanctions, protection order
Bucharest, 11-12 November 2014
Download: training materials
Mutual recognition in evidence gathering and confiscation: The European Investigation Order and freezing and confiscation of proceeds of crime in the European Union
Luxembourg, 10-11 March 2015
Download: training materials
Commom Practice Training Manual
A Common Practice Training Manual will be prepared for each seminar comprising a detailed trainer’s note mapping out the pivotal learning points of the topics covered by each session.
The training manual will:
- explain the relevance of the subject matter in both EU and national context;
- draw attention to issues particularly pertinent in practice.
- contain the presentations of the experts, the relevant legal acts, policy documents, case law
of the Court of Justice of the European Union and academic writing if necessary.
- include the case studies discussed and the issues and their possible solutions involved.
The participants in the referring seminars will be distributed a hard copy of the said manual. Non-attending legal professionals wishing to get acquainted with the subject(s) may download the manual here in due time.
EIPA Luxembourg - European Centre for Judges and Lawyers
Ms Christiane Lamesch
Tel: +352 426 230 302