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INTERNATIONAL JUDICIAL COOPERATION IN CRIMINAL MATTERS IN PRACTICE
Simultaneous seminar sets, EAW and MLA simulations |
Tartu, 9-11 May 2012
EJTN welcomes the participants to the next set of seminars to this specific webpage designed to provide them with relevant background information.
The seminar will be composed of two national Core groups representing two Member States. They will compare the effectiveness of their legal systems with the presence of judges and prosecutors from other Member States (Observers) who will be called to interact with them.
A unique simulation recreating an environment of international cooperation between judicial authorities will be established during the training sessions where participants will be requested to draft real cooperation requests.
Each of the seminars will study the progress of cases written by experts and calling for the use of EU mutual recognition and judicial cooperation instruments. Participants will learn about the practical questions that arise under their own legal system as well as under the systems of their colleagues in other EU Member States when executing European Arrest Warrants (EWA) or requesting Mutual Legal Assistance (MLA).
A comprehensive overview of the work of EUROJUST and the EJN and their contribution to the process of international judicial cooperation in criminal matters will be examined.
This seminar will cover issues related to drug trafficking and money laundering.
The practical cases will be distributed at the seminar only but to facilitate the discussions during the workshops, participants are kindly ask to bring with them the following legislation:
EU and International legislation
| Area |
Act |
Reference |
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| Mutual legal assistance in criminal matters |
European Convention on Mutual Legal Assistance in Criminal Matters (20.04.1959 – Strasbourg) |
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Download |
| Schengen agreement |
The Schengen acquis – Convention implementing the Schengen Agreement of 14 June 1985 |
OJ L239
22.09.2000 |
Download |
| Mutual Legal Assistance in Criminal Matters |
Council Act of 29 May 2000 established in accordance with Article 34 of the Treaty on European Union the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union |
OJ C197/1
2.7.2000 |
Download |
| Mutual Legal Assistance in Criminal Matters |
Council Act of 16 October 2001 establishing, in accordance with Article 34 of the Treaty on European Union, the Protocol to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union |
OJ C326/1
21.11.2001 |
Download |
| Cyber crime |
Council of Europe Convention on Cybercrime (23.11.2001, Budapest) |
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Download |
| European Arrest Warrant |
Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States |
OJ L190
18.7.2002
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Download |
| Freezing order |
Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence |
OJ L196/45
2.8.2003 |
Download
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A more extensive list of relevant legislation and decisions is available in the general background documentation in Criminal matters document which provides access to the legal instruments via hyperlinks to the respective EU websites where these instruments are stored. Please review the document's use instructions before use.
Furthermore, an extensive EU criminal justice panorama, the EJTN Criminal Guidelines (Fourth Edition) is available on the EJTN’s website.
Finally the website of the European Judicial Network (EJN) provides detailed information on legislation and judicial cooperation tools in the Library section.
Finally, information on the sources of law and the "ne bis in idem" (including case law) in international cooperation in criminal matters are developped in the excerpts available here (Schomburg et.al., International Cooperation in Criminal Matters, 5th ed. Munich 2012).
National legislation
Participants are also kindly requested to bring with them the national legislation implementing the EAW, Council Framework Decision on the execution in the EU of orders of freezing property or evidence, Judicial cooperation in criminal matters as well as the Criminal Code and Procedural Criminal Law.
- Finish legislation
Act on extradition on the basis of an Offence between Finland and other Member States of the European Union (1286/2003)- EN
Act on International Legal Assistance in Criminal Matters (4/1994)-EN
The Criminal Code of Finland-EN
The Finnish Act of implementation of Eurojust Decision-FI
- Estonian legislation
Criminal Procedure Code- EN (regulates all the national aspects of EAW, judicial cooperation in criminal matters).
Penal Code-EN (§ 184 regulates drug trafficking and § 394 money laundering).
Finally, detailed information on the implementation of the EAW by the Member States can be found at the website of the T.M.C. Asser Institute.