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 legislations 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 the EU legislations, but also 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 in a truly different context, requiring mutual trust and more intensive cooperation both from national authorities and from legal practitioners. With 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.
- Implement sessions in each seminar for practical questions relating to the application and administration of EU mutual recognition instruments in criminal matters. These sessions can be through discussions, workshops, case studies, etc, to exchange experiences and to identify best practices between the different practitioners/jurisdictions that are present.
- Develop a Common Practice Training Manual comprising a detailed trainers’ 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 by 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, which is 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 defense lawyer. The participants’ responsibilities and prerogatives as judges and prosecutors will be illustrated through practical analysis of specific instruments and examples of their applications 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.
- Mutual recognition in extradition – The European Arrest Warrant – a decade of experience. Copenhagen, 3-4 September 2014
- Mutual recognition in sanctions: Financial penalties, probation decisions and custodial sanctions, protection order. Bucharest, 11-12 November 2014
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
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:
- explains the relevance of the subject matter in both EU and national contexts
- draws attention to issues particularly pertinent in practice
- contains the presentations of the experts, the relevant legal acts, policy documents, and case laws of the Court of Justice of the European Union and academic writing if necessary.
- includes the case studies discussed and the issues and their possible solutions involved.
- The participants in the referring seminars were distributed a hard copy of the said manual.