INSTRUMENTS OF EU PENAL COOPERATION

INSTRUMENTS OF EU PENAL COOPERATION

This page provides all the available instruments of judicial cooperation in the EU to prevent and counter THB briefly and simultaneously:

EU Commission THB

The page of the EU Commission dedicated anti-THB remains an important point of reference

EUROJUST

Is the key agency to support national authorities in their fight against serious cross-border crime by facilitating the use of judicial cooperation instruments. These instruments allow, for instance, to transfer evidence from one country to another or to surrender a suspect for the purpose of a criminal prosecution or the execution of a custodial sentence.

The Joint Investigation Teams

JITs are the main instrument to proactively prosecute traffickers

European Arrest Warrant

The European arrest warrant (“EAW”) is a simplified cross-border judicial surrender procedure – for the purpose of prosecuting or executing a custodial sentence or detention order. A warrant issued by one EU country’s judicial authority is valid in the entire territory of the EU. The European arrest warrant has been operational since 1 January 2004. It has replaced the lengthy extradition procedures that used to exist between EU countries.

European Investigation Order, mutual legal assistance and Joint Investigation Teams

This section gives an overview of EU law on gathering evidence, providing mutual legal assistance, and setting up Joint Investigation Teams (JITs) in cross-border cases.

Council Regulation (EU) 2018/1805 on mutual recognition of freezing orders and confiscation orders

Freezing of property or evidence in the European Union may be required to enable its use in a criminal trial or in view of its confiscation.

Convention on Mutual Legal Assistance

The legal framework for such assistance is established by the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000 and its Protocol of 16 October 2001. The primary aim of the Convention is to improve judicial cooperation by developing and modernising the existing provisions governing mutual assistance. In particular, the Convention supplements the provisions and facilitate the application between the EU countries, of the European Convention on Mutual Assistance in Criminal Matters of the Council of Europe of 20 April 1959 and its additional protocol of 17 March 1978; the provisions on mutual assistance in criminal matters of the Convention of 19 June 1990 implementing the Schengen Agreement. Under the Convention, the requesting authority can contact the issuing authority directly.

Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’)

The European Public Prosecutor’s Office (EPPO) has the power to investigate, prosecute and bring to judgment crimes against the EU budget. he European Public Prosecutor’s Office (EPPO) is an independent body of the European Union responsible for investigating, prosecuting and bringing to judgment crimes against the financial interests of the EU, including:

fraud

corruption

money laundering

cross-border VAT fraud

EU institutions and bodies, as well as the competent authorities of the 22 member states which joined the EPPO, must report to the EPPO any criminal conduct affecting the EU budget. Individuals can also report alleged cases of fraud and other crimes.

European Protection Order

The judicial protection offered to a victim of violence and harassment can be enforced in other EU countries.

Victim’s Rights The Victims’ Rights Directive

The Victim’s Rights Directive establishes minimum standards on the rights, support and protection of victims of crime and ensures that persons who have fallen victim to crime are recognised and treated with respect. They must also receive proper protection, support and access to justice.

Moreover, the UNODC handbook on justice for victims is designed by the United Nation Office on Drugs and Crime (UNODC) as a tool for implementing victim support programmes and for developing victim-sensitive policies, procedures and protocols for criminal justice agencies and others who come into contact with victims. 

European Judicial Network in Crimin al Matters

The European Judicial Network (in criminal matters) is a network of national contact points in the EU Member States designated among central authorities and other competent authorities, with specific responsibilities in the field of judicial cooperation in criminal matters.

EU Commission THB

Finally the page of the EU Commission dedicated anti-THB remains an important point of reference