Red Europea de Formación Judicial (REFJ) European Judicial Training Network (EJTN) Réseau...

Red Europea de Formación Judicial (REFJ)European Judicial Training Network (EJTN)

Réseau Européen de Formation Judiciaire (REFJ)

ONLINE COURSE ON JUDICIAL COOPERATION IN CRIMINAL MATTERS IN EUROPE

MODULE I

“JUDICIAL COOPERATION IN CRIMINAL MATTERS IN EUROPE”

MARCOS LOREDO COLUNGA

UNIVERSIDAD DE OVIEDO

5th Edition (2013)

MODULE IJUDICIAL COOPERATION IN CRIMINAL MATTERS IN

EUROPE

CONTENT

UNIT 1 EVOLUTION OF JUDICIAL COOPERATION IN CRIMINAL MATTERS

UNIT 2 THE CHANGE OF PARADIGM: THE PRINCIPLE OF MUTUAL

RECOGNITION AND ITS IMPLICATIONS. PERSPECTIVES FROM THE TREATY OF LISBON

UNIT 3 STRENGTHENING MUTUAL TRUST: PROCEDURAL GUARANTEES,

THE RIGHTS OF VICTIMS AND PERSONAL DATA PROTECTION

UNIT 1«EVOLUTION OF JUDICIAL COOPERATION IN

CRIMINAL MATTERS»

SUMMARY

INTRODUCTION LEGAL COOPERATION: CONCEPT, CONTENT AND BASIS PAST, PRESENT AND FUTURE OF COOPERATION IN CRIMINAL

MATTERS: COOPERATION IN THE PAST COOPERATION TODAY:

THE ONGOING NEED FOR BILATERAL ENVIRONMENTS THE CONSOLIDATION OF MULTILATERAL ENVIRONMENTS FOR THE

DEVELOPMENT OF COOPERATION: IN THE AMBIT OF THE UN, THE COUNCIL OF EUROPE AND THE EU

THE FUTURE OF COOPERATION SOURCES OF INTERNATIONAL LEGAL COOPERATION FINAL CONSIDERATIONS

INTRODUCTION

AIM OF THE UNIT: GENERAL OVERVIEW OF THE EVOLUTION AND

CURRENT STATE OF JUDICIAL COOPERATION IN CRIMINAL MATTERS

KEY POINTS: CONCEPT CONTENT BASIS EVOLUTION

1. LEGAL COOPERATION

CONCEPT

JUDICIAL COOPERATION VERSUS LEGAL COOPERATION


CONTENT

TRADITIONAL: PERFORMING COMMUNICATION ACTIONS OBTAINING EVIDENCE EXTRADITION


CONTENT

PROGRESSIVE EXTENSION: INVESTIGATION PROCEDURES ADOPTION OF INTERIM INJUNCTIONS SURRENDER OF SUBJECTS INFORMATION ON CRIMINAL RECORDS EXECUTION OF SENTENCES


CONTENT

INCLUSION OF POLICE COOPERATION ACTIONS WITH JUDICIAL CONTROL: JOINT INVESTIGATION TEAMS CROSS-BORDER SURVEILLANCE SPONTANEOUS TRANSFER OF INFORMATION HOT PURSUIT


CONTENT

EXCEEDING THE EXCLUSIVELY CRIMINAL AMBIT: JUDICIAL CONTROL OF ADMINISTRATIVE SANCTIONS INDEMNIFICATION DUE TO UNJUSTIFIED INVESTIGATION OR

SENTENCING MEASURES CLEMENCY PROCEEDINGS CIVIL ACTIONS LINKED TO CRIMINAL ONES


SUBJECTS INVOLVED

JUDGES AND MAGISTRATES PROSECUTORS POLICE AGENTS SPECIFIC INSTITUTIONS:

JUDICIAL NETWORKS INTERPOL, CEPOL AND EUROPOL EUROJUST LIAISON MAGISTRATES EXPERT OR CONSULTATIVE GROUPS


BASIS

EVOLUTION: INITIAL:

SATISFACTION OF NATIONAL INTERESTS APPLYING THE PRINCIPLE OF RECIPROCITY

BEGINNING OF 20TH CENTURY: SEARCH FOR JUSTICE ON AN INTERNATIONAL LEVEL

TODAY: PROTECTION OF THE BASIC RIGHT TO EFFECTIVE JUDICIAL

PROTECTION WITHOUT DEFENCELESSNESS

2. EVOLUTION OF COOPERATION IN CRIMINAL MATTERS

PAST ORIGINS:

DEVELOPMENT IN BILATERAL ENVIRONMENTS LIMITED ALMOST EXCLUSIVELY TO EXTRADITION SUPPORTED BY PRIOR POLITICAL UNDERSTANDING

SECOND HALF OF THE 20TH CENTURY: INITIATIVE IN THE CONTEXT OF INTERNATIONAL

ORGANISATIONS SIGNIFICANT ADVANCE DUE TO THE INCREASE IN

TRANSNATIONAL CRIME


TODAY

BILATERAL ENVIRONMENTS: ORIGINAL FRAMEWORK MAINTAINED TODAY DOUBLE UTILITY:

FACILITATES ADVANCES IN REGIONAL AMBITS PERMITS CONNECTION BETWEEN STATES FROM

DIFFERENT REGIONAL AMBITS


TODAY

MULTILATERAL ENVIRONMENTS: UN AMBIT:

DEVELOPMENT OF MULTILATERAL CONVENTIONS FIGHT AGAINST MORE SERIOUS FORMS OF

TRANSNATIONAL CRIME: CORRUPTION ORGANISED CRIME TERRORISM DRUG TRAFFICKING


TODAY

MULTILATERAL ENVIRONMENTS: COUNCIL OF EUROPE AMBIT:

SEEDS OF COOPERATION IN CRIMINAL MATTERS INSTRUMENTS OF DIFFERENT KINDS:

MULTILATERAL CONVENTIONS OPEN TO OTHER NON-EUROPEAN STATES: EXTRADITION JUDICIAL ASSISTANCE IN CRIMINAL MATTERS TRANSFER OF SENTENCED PERSONS

RECOMMENDATIONS OF THE COUNCIL OF MINISTERS


TODAY

MULTILATERAL ENVIRONMENTS: EU AMBIT:

AMBIT THAT BOASTS THE BIGGEST ADVANCES AIMED AT THE CREATION OF A COMMON SPACE OF

FREEDOM , SECURITY AND JUSTICE CHARACTERISED BY THE DEVELOPMENT OF

SPECIFIC, ORIGINAL INSTRUMENTS AND INSTITUTIONS


FUTURE

GOOD PROSPECTS IN GENERAL: SPECIAL DEVELOPMENT IN THE CONTEXT OF THE EU TENDENCY TO SURPASS REGIONAL AMBITS IMPLEMENTATION OF THE PRINCIPLE OF MUTUAL

RECOGNITION SUBSEQUENTLY TO THE HARMONISATION OF SUBSTANTIVE AND PROCEDURAL LAW

3. SOURCES OF INTERNATIONAL JUDICIAL COOPERATION

APPROACH

NON-EXHAUSTIVE LIST INSTRUMENTS WITH A DIFFERENT GEOGRAPHIC AMBIT:

UN-COUNCIL OF EUROPE-EUROPEAN UNION ORGANISED ACCORDING TO AREAS:

BASIC RIGHTS AND PROCEDURAL GUARANTEES AGENCIES AND INSTITUTIONS SECURITY AND INVESTIGATION JUDICIAL ASSISTANCE HARMONISATION OF CRIMINAL LAW

UNIT 2THE CHANGE OF PARADIGM: THE PRINCIPLE OF MUTUAL RECOGNITION AND ITS IMPLICATIONS. PERSPECTIVES FROM THE TREATY OF LISBON

CONTENTPROGRESSIVE TRANSFORMATION OF THE INSTRUMENTS OF JUDICIAL

COOPERATION IN CRIMINAL MATTERS:INTRODUCTIONFROM MAASTRICHT (1992) TO TAMPERE (1999)THE NEW PERSPECTIVES FROM THE TREATY OF LISBON(2007)

INSTRUMENTS FOR MUTUAL ASSISTANCE: BILATERAL AND MULTILATERAL CONVENTIONS

COOPERATION REQUESTSTHE COUNCIL OF EUROPE CONVENTIONSTHE CONVENTION ON THE IMPLEMENTATION OF THE SCHENGEN TREATY (CAAS)THE 2000 TREATY ON JUDICIAL ASSISTANCE IN CRIMINAL MATTERS

INTEGRATION POLICIES: HARMONISATION INSTRUMENTS AND THE PRINCIPLE OF MUTUAL RECOGNITION

COMMUNITISATION POLICIES: THE COMMON EUROPEAN SPACE OF JUSTICE. THE ROLE OF THE COURT OF JUSTICE

FINAL REFLECTION

TRANSFORMATION OF THE INSTRUMENTS

APPROACH

RELEVANCE OF THE HANDOVER FROM THE PRINCIPLE OF REQUEST TO THE PRINCIPLE OF MUTUAL RECOGNITION IN THE EU: WAIVER OF THE RIGHT TO DECIDE WAIVER OF SOVEREIGNTY OVERCOMING THE EXEQUATUR TRANSFORMATION OF THE INSTRUMENTS AND

REGULATORY SOURCES


APPROACH

OBJECTIVE SCOPE OF JUDICIAL COOPERATION IN CRIMINAL MATTERS IN THE EU: OFFENCES AGAINST THE LEGAL ASSETS OF THE

EU ITSELF TRANSNATIONAL OFFENCES DOMESTIC OFFENCES WITH A FOREIGN ELEMENT


MAIN LANDMARKS

MAASTRICHT TREATY: INTRODUCES THE VOCATION OF POLITICAL

INTEGRATION CONFIGURES THE COMMUNITY STRUCTURE

AROUND THREE PILLARS: COMMUNITY COMMON FOREIGN AND SECURITY POLICY COOPERATION IN JUSTICE AND HOME AFFAIRS


MAIN LANDMARKS

AMSTERDAM TREATY: INTRODUCES THE AIM OF CREATING AN “AREA OF

FREEDOM, SECURITY AND JUSTICE” COMMUNITISES PART OF THE THIRD PILLAR:

FREE MOVEMENT OF PERSONS CONTROL OF EXTERNAL BORDERS ASYLUM, IMMIGRATION AND PROTECTION OF THE

RIGHTS OF CITIZENS OF THIRD STATES JUDICIAL COOPERATION IN CIVIL MATTERS


MAIN LANDMARKS AMSTERDAM TREATY:

ENHANCES COOPERATION IN CRIMINAL MATTERS: FACILITATES REGULATORY APPROXIMATION IN

CRIMINAL MATTERS AND REGARDING PROCEDURAL GUARANTEES

CREATES NEW REGULATORY INSTRUMENTS: FRAMEWORK DECISIONS DECISIONS

MAINTAINS INTERGOVERNMENTAL AUTHORITY FOR DECISION-MAKING

INTRODUCE S ENHANCED COOPERATION BROADENS THE INTERPRETATIVE POWERS OF THE

COURT OF JUSTICE


MAIN LANDMARKS

TAMPERE COUNCIL: MAKES IT POSSIBLE TO SURPASS THE PRINCIPLE OF

REQUEST INTRODUCE S THE PRINCIPLE OF MUTUAL RECOGNITION AS

THE “CORNERSTONE” OF COOPERATION IN BOTH CIVIL AND CRIMINAL MATTERS


MAIN LANDMARKS

THE HAGUE PROGRAMME: SETS OUT THE PRIORITIES FOR ENHANCING THE

“AREA OF FREEDOM, SECURITY AND JUSTICE” ON THE BASIS OF MUTUAL TRUST: LEGISLATIVE APPROXIMATION AND CREATION OF

MINIMUM RULES OF CRIMINAL PROCEDURE RELEVANCE OF THE ACTIVITY OF EUROJUST


MAIN LANDMARKS

TREATY OF LISBON: A FURTHER LANDMARK IN AN OPEN PROCESS THAT IS

CONTINUALLY EVOLVING REPLACES A FAILED TREATY ON THE EUROPEAN

CONSTITUTION LABORIOUS RATIFICATION PROCESS – IN FORCE

SINCE 1 DECEMBER 2009 INTRODUCES FAR-REACHING CHANGES IN THE

ORGANISATION AND POWERS OF THE EU


MAIN LANDMARKS

TREATY OF LISBON: GUIDELINES ON JUDICIAL COOPERATION IN CRIMINAL

MATTERS: BASIS FOR THE PRINCIPLE OF MUTUAL RECOGNITION COMMUNITISATION OF THE REST OF THE THIRD PILLAR MODIFICATION OF THE NAME, ORGANISATION AND

POWERS OF THE COURT OF JUSTICE POSSIBILITY OF THE CREATION OF A EUROPEAN

PROSECUTOR’S OFFICE


MAIN LANDMARKS

TREATY OF LISBON: GUIDELINES ON JUDICIAL COOPERATION IN CRIMINAL

MATTERS: PROMOTION OF SUBSTANTIVE AND PROCEDURAL

LEGISLATIVE HARMONISATION DEVELOPMENT OF THE ROLE OF EUROJUST & EUROPOL ORDINARY LEGISLATIVE PROCEDURE FOR DRAFTING

NEW REGULATORY INSTRUMENTS: REGULATIONS - DIRECTIVES – DECISIONS -

RECOMMENDATIONS - OPINIONS SPECIAL LEGISLATIVE PROCEDURE FOR MATTERS

RELATED TO OPERATIONAL COOPERATION

INSTRUMENTS FOR MUTUAL ASSISTANCE

BILATERAL CONVENTIONS STANDARD WAY OF IMPLEMENTING JUDICIAL

COOPERATION RESULT OF THE POLITICAL RELATIONS OF EACH

STATE REGULATES THE STANDARD MECHANISM THAT

RESPECTS STATE SOVEREIGNTY: REQUEST BY ONE STATE AND COMPLIANCE BY THE

OTHER TRADITIONAL SYSTEM THAT STILL EXISTS, ALBEIT

SURPASSED BY MULTILATERAL CONVENTIONS


MULTILATERAL CONVENTIONS THE RESULT OF COMPLEX STRUCTURES THAT COMPRISE

INTERNATIONAL RELATIONS TODAY SEEK A MORE EFFECTIVE RESPONSE TO NEW FORMS OF

CRIME IN A GLOBALISED WORLD ARISING IN REGIONAL SPHERES AND EXTENDED TO THE

ENTIRE INTERNATIONAL COMMUNITY


MULTILATERAL CONVENTIONS

SCOPE OF THE COUNCIL OF EUROPE: EUROPEAN CONVENTION ON EXTRADITION EUROPEAN CONVENTION ON MUTUAL ASSISTANCE IN

CRIMINAL MATTERS



SCOPE OF THE EU: CONVENTION ON THE IMPLEMENTATION OF THE

SCHENGEN AGREEMENT: REFERENCE TO POLICE COOPERATION COMPLETES THE COUNCIL OF EUROPE CONVENTION ON

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ENSHRINES THE PRINCIPLE OF NE BIS IN IDEM CONTAINS SPECIFIC RULES ON THE TRANSFER OF THE

ENFORCEMENT OF CRIMINAL JUDGMENTS



SCOPE OF TH EU: CONVENTION ON MUTUAL ASSISTANCE IN CRIMINAL

MATTERS: REGULATES THE USE OF CERTAIN PROCEDURES WITH

THE APPLICATION OF THE FORUM REGIT ACTUM PRINCIPLE

ENVISAGES DIRECT COMMUNICATION WITH ADDRESSEES AND THE TRANSFER OF REQUESTS AMONG AUTHORITIES

INTEGRATION POLICIES

APPROACH

COMPLEMENTARY INSTRUMENTS FOR THE CREATION OF AN “AREA OF FREEDOM, SECURITY AND JUSTICE” IN EUROPE: LEGISLATIVE HARMONISATION AS A MEANS FOR

GENERATING MUTUAL TRUST IN THE LEGAL AND JUDICIAL SYSTEMS

IMPLEMENTATION OF THE PRINCIPLE OF MUTUAL RECOGNITION OF JUDICIAL DECISIONS


INSTRUMENTS FOR HARMONISATION

COMMUNICATION FROM THE COMMISSION ON THE RECOGNITION OF JUDICIAL DECISIONS IN CRIMINAL MATTERS

COMMUNICATION FROM THE COMMISSION ON DISQUALIFICATIONS ARISING FROM CRIMINAL CONVICTIONS IN THE EUROPEAN UNION

FRAMEWORK DECISION ON THE FIGHT AGAINST THE SEXUAL EXPLOITATION OF CHILDREN


INSTRUMENTS FOR HARMONISATION

FRAMEWORK DECISION LAYING DOWN MINIMUM PROVISIONS ON THE CONSTITUENT ELEMENTS OF CRIMINAL ACTS AND PENALTIES IN THE FIELD OF ILLICIT DRUG TRAFFICKING

PROPOSED FRAMEWORK DECISION ON CERTAIN RIGHTS THAT SHOULD BE GUARANTEED IN CRIMINAL PROCEEDINGS

GREEN PAPER ON THE PRESUMPTION OF INNOCENCE


PRINCIPLE OF MUTUAL RECOGNITION JUDGMENT OF THE COURT OF JUSTICE IN THE “CASSIS

DE DIJON” CASE FRAMEWORK DECISION ON THE EUROPEAN ARREST

WARRANT AND SURRENDER PROCEDURES BETWEEN MEMBER STATES

FRAMEWORK DECISION ON THE EXECUTION OF ORDERS FREEZING PROPERTY OR EVIDENCE

FRAMEWORK DECISION ON THE APPLICATION OF THE PRINCIPLE OF MUTUAL RECOGNITION OF FINANCIAL PENALTIES


PRINCIPLE OF MUTUAL RECOGNITION

FRAMEWORK DECISION ON THE APPLICATION OF THE PRINCIPLE OF MUTUAL RECOGNITION TO CONFISCATION ORDERS

PROPOSED FRAMEWORK DECISION ON THE EUROPEAN SUPERVISION ORDER IN PRE-TRIAL PROCEDURES

FRAMEWORK DECISION ON ORGANISED CRIME


PRINCIPLE OF MUTUAL RECOGNITION FRAMEWORK DECISION ON THE APPLICATION OF THE

PRINCIPLE OF MUTUAL RECOGNITION TO JUDGMENTS THAT IMPOSE CUSTODIAL SENTENCES

FRAMEWORK DECISION ON THE APPLICATION OF THE PRINCIPLE OF MUTUAL RECOGNITION TO JUDGMENTS AND PROBATION DECISIONS

FRAMEWORK DECISION ON THE EUROPEAN EVIDENCE WARRANT FOR OBTAINING EVIDENCE FOR USE IN PROCEEDINGS IN CRIMINAL MATTERS


PRINCIPLE OF MUTUAL RECOGNITION FRAMEWORK DECISION ON APPLICATION OF THE

PRINCIPLE OF MUTUAL RECOGNITION TO DECISIONS RENDERED IN THE ABSENCE OF THE PERSON CONCERNED AT THE TRIAL

FRAMEWORK DECISION ON THE APPLICATION OF THE PRINCIPLE OF MUTUAL RECOGNITION TO DECISIONS ON SUPERVISION MEASURES

DIRECTIVE ON THE EUROPEAN PROTECTION ORDER

THE COMMUNITISATION POLICIES

THE ROLE OF THE COURT OF JUSTICE

CASE LAW ON THIRD PILLAR INSTRUMENTS: BINDING NATURE OF FRAMEWORK DECISIONS

AND OBLIGATION TO INTERPRET THEM PURSUANT TO DOMESTIC LAW

APPLICATION OF THE NE BIS IN IDEM PRINCIPLE POWER TO APPROVE CRIMINAL RULES IN THE

CONTEXT OF THE FIRST PILLAR

FINAL REFLECTION

FUTURE PROSPECTS

OPEN SITUATION AND A PROCESS OF CONTINUAL CHANGE

THE IDEA OF COOPERATION AS A BASIS FOR ACHIEVING JUSTICE IN CERTAIN LAWSUITS HAS BEEN CONSOLIDATED

PROGRESSIVE INCREASE IN COOPERATION TO AVOID PUBLIC SAFETY BEING AFFECTED AND AN UNEQUAL PROSECUTION OF CRIMES ON THE BASIS OF TERRITORIAL CRITERIA

FINAL REFLECTION

FUTURE PROSPECTS IMPORTANCE OF SPECIFIC BODIES:

ENTITIES WITH THEIR OWN LEGAL PERSONALITY: EUROJUST

INDEPENDENT BODIES INSIDE THE COMMISSION: OLAF RISK OF FORGETTING THE NEED TO SAFEGUARD

PROCEDURAL GUARANTEES THREAT OF AND “A LA CARTE” EUROPE AND MULTI-

SPEED INTEGRATION

UNIT 3: STRENGTHENING MUTUAL TRUST: PROCEDURAL GUARANTEES, THE RIGHTS OF

VICTIMS AND PERSONAL DATA PROTECTION

SUMMARY INTRODUCTION: STRENGTHENING MUTUAL TRUST THE PROCEDURAL GUARANTEES OF THE ACCUSED THE STANDING OF VICTIMS PROTECTION OF PERSONAL DATA CONCLUSIONS

STRENGTHENING MUTUAL TRUST

APPROACH AIM:

FREE MOVEMENT OF JUDICIAL DECISIONS AND REMOVAL OF THE EXEQUATUR

MECHANISM: IMPLEMENTATION PRINCIPLE OF MUTUAL RECOGNITION

PREREQUISITES: INCREASE IN MUTUAL TRUST

MEANS: STANDARD MINIMUM RULES AND PRACTICAL

HARMONISATION

STRENGTHENING MUTUAL TRUST

APPROACH ATTRIBUTING POWERS:

ARTICLES 16.2 AND 86.2 TFEU ORDINARY LEGISLATIVE INSTRUMENT:

DIRECTIVE SUBJECT MATTER (SELECTION):

GUARANTEES OF THE ACCUSED RIGHTS OF VICTIMS PERSONAL DATA PROTECTION

ROADMAP 2010-2014: STOCKHOLM PROGRAMME AND ACTION PLAN

PROCEDURAL GUARANTEES OF THE ACCUSED

APPROACH

RIGHTS ENSHRINED AT EUROPEAN LEVEL: EUROPEAN CONVENTION ON HUMAN RIGHTS EUROPEAN COURT CASE LAW

TACKLING THE QUESTION ON A COMMUNITY LEVEL: CHARTER OF FUNDAMENTAL RIGHTS OF THE EU PROPOSAL FOR A FRAMEWORK DECISION

PUSH BY THE SWEDISH PRESIDENCY IN 2009: ADOPTION OF A SPECIFIC ROADMAP INCLUSION IN THE STOCKHOLM PROGRAMME


CURRENT STRATEGY

INDEPENDENT TREATMENT OF AFFECTED RIGHTS: ASSISTANCE OF INTERPRETER AND TRANSLATION OF

ESSENTIAL DOCUMENTS INFORMATION ON RIGHTS AND CHARGES ASSISTANCE OF A LAWYER COMMUNICATION OF THE ARREST SPECIFIC SAFEGUARDS FOR PARTICULARLY

VULNERABLE COLLECTIVES


RESULTS

DIRECTIVE ON THE RIGHT TO INTERPRETATION AND TRANSLATION

PROPOSAL FOR A DIRECTIVE ON THE RIGHT TO INFORMATION

PROPOSAL FOR A DIRECTIVE ON THE RIGHT TO ACCESS TO A LAWYER AND THE RIGHT TO COMMUNICATION UPON ARREST


SCOPE

SUBJECTIVE: ANY PERSON INDICTED IN CRIMINAL PROCEEDINGS

OBJECTIVE: CRIMINAL PROCEEDINGS STRICTLY SPEAKING PROCEEDINGS FOR ENFORCEMENT OF A EUROPEAN

ARREST WARRANT CHALLENGE HEARD BY A CRIMINAL COURT TO

SANCTIONS IMPOSED BY ANOTHER TYPE OF COURT


SCOPE

TIME: FROM INFORMATION OF THE INDICTMENT OR ARREST UNTIL THE DECISION IS FINAL

TERRITORY: EXCLUSION OF DENMARK SPECIAL POSITION OF IRELAND AND THE UNITED

KINGDOM


CONTENT

RIGHT TO INTERPRETATION AND TRANSLATION: INTERVENTION OF AN INTERPRETER STARTING WITH

PRELIMINARY INVESTIGATION TRANSLATION OF ESSENTIAL DOCUMENTS FOR THE

TRIAL RIGHT TO INFORMATION:

RIGHTS OF INDICTED AND ARRESTED PERSONS ON INDICTMENT OR ACCUSATION


CONTENT

RIGHT TO THE ASSISTANCE OF A LAWYER: FREE OF CHARGE, AS THE CASE MAY BE CONFIDENTIAL INTERVIEWS WITH NO LIMIT ON

FREQUENCY OR DURATION RIGHT TO COMMUNICATION OF ARREST:

RELATIVES, EMPLOYER AND/OR CONSULAR OR DIPLOMATIC AUTHORITIES

A RESPONSIBLE ADULT IF A MINOR

STANDING OF VICTIMS

BACKGROUND FRAMEWORK DECISION ON THE STANDING OF

VICTIMS: ENSHRINES BASIC RIGHTS:

INTERVENTION IN CRIMINAL PROCEEDINGS FOR THE DUE PROTECTION OF LEGITIMATE RIGHTS AND INTERESTS

DUE RESPECT FOR PERSONAL DIGNITY AND APPROPRIATE TREATMENT FOR PARTICULARLY VULNERABLE PERSONS

DIRECTIVE ON COMPENSATION TO VICTIMS: FACILITATES ACCESS TO INDEMNIFICATION IN CROSS-

BORDER CASES

STANDING OF VICTIMS

MOST RECENT LANDMARKS

DIRECTIVE ON PREVENTING AND COMBATING TRAFFICKING IN HUMAN BEINGS: SPECIFIC MEASURES FOR THE PROTECTION OF VICTIMS

OF THIS KIND OF CRIMES

DIRECTIVE ON THE EUROPEAN PROTECTION ORDER: ALLOWS AUTOMATIC RECOGNITION OF MEASURES OF A

CRIMINAL NATURE RESTRICTING THE FREEDOM OF MOVEMENT

STANDING OF VICTIMS

FUTURE PROSPECTS

ROADMAP DESIGNED TO STRENGTHEN RIGHTS AND PROTECTION OF VICTIMS: REVIEW OF THE STANDING OF VICTIMS AND PRACTICAL

RECOMMENDATIONS IN THIS REGARD MUTUAL RECOGNITION OF PROTECTIVE MEASURES OF A

CIVIL NATURE SIMPLIFICATION OF PROCEDURES FOR CLAIMING

COMPENSATION DEALING WITH SPECIFIC NEEDS

STANDING OF VICTIMS

INSTRUMENTS CURRENTLY IN THE PIPELINE PROPOSAL FOR A DIRECTIVE TO ESTABLISH

MINIMUM STANDARDS ON RIGHTS, SUPPORT AND PROTECTION OF VICTIMS: GOES INTO THE CONTENT OF EXISTING GUARANTEES IN

GREATER DEPTH PROPOSAL FOR A REGULATION ON MUTUAL

RECOGNITION OF PROTECTIVE MEASURES IN CIVIL MATTERS : IN ORDER TO SAFEGUARD FREEDOM AND PHYSICAL OR

PSYCHOLOGICAL INTEGRITY

PROTECTION OF PERSONAL DATA

BACKGROUND

FRAMEWORK DECISION ON THE PROTECTION OF PERSONAL DATA PROCESSED IN THE FRAMEWORK OF POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS: SETS THE ESSENTIAL PRINCIPLES APPLICABLE TO

GATHERING AND PROCESSING DATA ENSHRINES THE RIGHTS OF THE INDIVIDUALS AFFECTED APPLICATION LIMITED TO THE CROSS-BORDER

EXCHANGE OF DATA

PROTECTION OF PERSONAL DATA

INITIATIVES BEING PROCESSED PROPOSAL FOR A DIRECTIVE ON THE PROCESSING

OF DATA IN THE FRAMEWORK OF CRIMINAL INVESTIGATIONS AND PROCEEDINGS: EXTENDS THE BASIC PRINCIPLES GOVERNING DATA

PROCESSING GOES INTO THE GUARANTEES OF INTERESTED PARTIES IN

GREATER DEPTH AND INCREASES THEM APPLICATION BOTH INTERNALLY AND TO CROSS-BORDER

EXCHANGES IN THE COMMUNITY SPHERE OR WITH THIRD COUNTRIES OR INTERNATIONAL BODIES

ONLINE COURSE ON JUDICIAL COOPERATION IN CRIMINAL MATTERS IN EUROPE

MODULE I

JUDICIAL COOPERATION IN CRIMINAL MATTERS IN EUROPE

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