16/10/2015 1 the great british opt-out aled williams
TRANSCRIPT
20/04/231
THE GREAT BRITISH OPT-OUT
Aled Williams
Eurojust
TFEU Article 85.1: “to support and strengthen coordination and cooperation between national investigating and prosecuting authorities” re
– Serious crime affecting 2 or more MS– Requiring a prosecution on common bases
220 EU staff; 50 MS staff; 32m euro budget
200 coordination cases per year. (UK 50+)
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What might we gain?
Opportunity to renegotiate?
Avoid “federalist tendencies” ?– CJEU jurisdiction – infringement procedures
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What might we lose (re Eurojust)?
Emphasis on co-ordination and cooperation
Effective fight against delay
Alternative to EPPO
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Coordination and cooperation
200 Coordination meetings p.a.– UK in 50+; cost– Who prosecutes; disclosure obligations;
coordination of searches and arrests
JITs – Eurojust Decision 9f– 26 UK funding applications to Eurojust in 2011
7 Coordination centres in 2011; UK in 3
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Effective fight against delay
Coordination
“Save the day” cases
EAWs
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Eurojust as alternative to EPPO?
TFEU Article 86.1– “may establish European Public Prosecutor’s
Office from Eurojust”
European Union Act 2011 s.6(5)(c) referendum and Act necessary re– “a decision under Article 86(1) of TFEU involving
participation by the United Kingdom in a European Public Prosecutor's Office; “
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Eurojust as alternative to EPPO?
TFEU Art 85.1 regulations re tasks including – initiation of criminal investigations– proposing the initiation of prosecutions by
competent national authorities, particularly those relating to offences against the financial interests of the Union
Art. 85.2:..”formal acts of judicial procedure shall be carried out by the competent national officials”
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Eurojust as alternative to EPPO?
Current obligation to notify Eurojust National Member of “fraud affecting the financial interests of the European Communities”– Eurojust Decision Art 13.6.(a)(vi)
OLAF – Eurojust cooperation re the protection of the financial interests of the European Communities “where the competent national authorities” agree. 26.4
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