JudCoopAFSJ

JudCoopAFSJ

Judicial Cooperation in Criminal Matters in the European Union’s Area of Freedom, Security and Justice: Recent Developments and Topical Issues 2020/2021 – JudCoopAFSJ 

Implementation

The project is implemented by EIPA Luxembourg – European Centre for Judges and Lawyers (ECJL) in partnership with KSSIP – Krajowa Szkola Sadownictwa I Prokuratury in Poland, the Consejo General Del Poder Judicial – Escuela Judicial, IGO-IFJ Belgium and Fair Trials.

Description of the project

We have come to the point when the principles of mutual recognition and mutual trust being the cornerstones of the EU’s Area of Freedom Security and Justice (AFSJ) and within that judicial cooperation in criminal matters, are in peril.
The C-404/15 and C-659/15 PPU Aranyosi and Caldaruru, C-216/18 PPU LM and the C 220/18 PPU ML cases recalibrate the application of the mutual recognition principle and put an end to the era of when mutual recognition insulated EU or Member State actions from fundamental rights scrutiny.

This question is the most striking in the context of the European Arrest Warrant, where surrender to the issuing Member States has become tainted by fundamental rights and rule of law concerns in relation to that state. But the European Investigation Order also encompasses a number of investigative measures, which are of a coercive nature hence may well cause friction between the issuing and executing authorities when it comes to the guarantee of fundamental rights.

Detention and especially pre-trial detention also have long caused a particular concern for Member States how to execute the required measure and to comply with fundamental rights at the same time.

Consequently, the EU procedural guarantees legislation elevating the procedural standing of suspected and accused persons is ever so relevant, providing the EU level and standards of fundamental rights protection when concerns are raised regarding certain EU Member States’ practices.

All this brings a very new challenge for practitioners, judges, prosecutors and defence attorneys working in EU cross border criminal cases. The dilemma that legal practitioners’ face today is how to apply the EU criminal law acquis faithfully when the underlying principles of cooperation – mutual recognition and mutual trust – are at the risk of erosion. To put it more broadly how to apply EU criminal law fully, while ensuring full respect of fundamental rights and rule of law considerations.

Training activities details

The project includes:

Training activities for download

For further information, please contact: c.lamesch@eipa.eu

This project is co-funded
by the European Union

Contact

EIPA Luxembourg
European Centre for Judges and Lawyers

Christiane Lamesch
Mail: c.lamesch@eipa.eu

Our trainings

Technical Assistance & Consultancy

References