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EUROPEAN JUDICIAL NETWORK REGIONAL
MEETING
on the
ROLE OF THE EUROPEAN JUDICIAL NETWORK
CONTACT POINTS IN COMBATING FORMS OF
SERIOUS CRIME. SETTING A GOOD EXAMPLE
- Final Report –
Bucharest, 18.11.2016
Cosmin Daniel Hălălău
Prosecutor, Romania,
Prosecutor’s Office attached to the High Court of Cassation and Justice
(POHCCJ), Directorate for Investigating Organized Crime and
Terrorism (DIICOT), International Cooperation Office
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Table of Content
1. Date ................................................................................................................... 3
2. Meeting venue ................................................................................................... 3
3. Working language ............................................................................................. 3
4. Facilitators......................................................................................................... 3
5. Financing ........................................................................................................... 3
6. Goals ................................................................................................................. 3
7. Resources .......................................................................................................... 4
8. Attendance ........................................................................................................ 5
9. The Event .......................................................................................................... 6
9.1 Prior public information.................................................................................. 6
9.2 Opening session .............................................................................................. 6
9.3 The agenda of the meeting .............................................................................. 7
9.3.1 Panel 1 .......................................................................................................... 7
9.3.2 Panel 2 .......................................................................................................... 8
9.3.3 Panel 3 .......................................................................................................... 9
9.3.4 Panel 4 .......................................................................................................... 9
9.3.5 Panel 5 ........................................................................................................ 10
10. Dissemination of the material ....................................................................... 10
11. Conclusions ................................................................................................... 10
12. Annexes to the report .................................................................................... 12
- Annexe 1 Final Agenda .................................................................................... 13
- Annexe 2 Photos from the event – only for the report’s purposes, not for
publishing in any way; ........................................................................................ 16
- Annexe 3 Press release ..................................................................................... 22
- Annexe 4 List of the participants ..................................................................... 23
- Annexe 5 C.D. containing the presentations .................................................... 25
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1. Date
20-21 October 2016
2. Meeting venue
The Regional Meeting was held at the headquarters of the Directorate for
Investigating Organized Crime and Terrorism (D.I.I.C.O.T.), Bucharest,
Griviţei str. no. 24, sector 1, in the conference room no. 302, 3rd
floor.
3. Working language
The working language of the Meeting was English.
4. Facilitators
The European Judicial Network (EJN) and the Public Ministry of Romania –
Prosecutor’s Office attached to the High Court of Cassation and Justice
(POHCCJ) – Directorate for Investigating Organized Crime and Terrorism
(DIICOT).
5. Financing
The event has received funding from the European Union, via the European
Judicial Network, in proportion of 95% of the total eligible costs.
The remaining 5% of the total eligible costs were funded by the Directorate
for Investigating Organized Crime and Terrorism (DIICOT).
6. Goals
The purpose of this event was to collect relevant legislation and practices
from a large number of participants from different geographical regions and
legal traditions in order to collectively explore the multiple facets of dealing
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with serious crime cases with cross-border dimension, particularly as they
falls in the jurisdiction of both EJN and Eurojust, and to suggest concrete
strategies toward a practical approach to achieving effective results in
investigating and prosecuting these types of offences.
The determination as to whether certain offences fall under the jurisdiction
of the EJN and/or Eurojust is of direct relevance in establishing their
cooperation and coordination in fulfilling their missions.
In addition, the meeting aimed at promoting the EJN operational tools
available to practitioners and in identifying possible new ones.
Further on, aim of this meeting was to set good examples of the most
suitable level of intervention - EJN or Eurojust - in the area of combating
serious crime.
7. Resources
The meeting received funding from the European Union.
A grant agreement was concluded for the partial funding by Eurojust of the
EJN Regional Meeting organised by Romania.
The agreement was registered under the reference number EJU-2016-EJN-
RM-06, and was signed by Eurojust on 23 August 2016, in The Hague, and
by the beneficiary – Directorate for Investigating Organized Crime and
Terrorism (DIICOT), on 26 August 2016, in Bucharest.
The cost of accommodation, catering during coffee breaks and lunch breaks,
domestic transportation, pictures (photos), was covered by the financing
received.
The meeting room was provided by the host institution, Directorate for
Investigating Organized Crime and Terrorism (DIICOT).
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International transportation costs were provided by the institutions sending
the participants from foreign countries.
A financial statement reporting the eligible expenses is attached to this final
report, together with relevant documents which support it.
8. Attendance
The meeting was attended by 47 participants.
The European Judicial Network Secretariat was represented by its Secretary,
Mr. Ola Löfgren and by Mr. Florin Răzvan Radu, Seconded National Expert.
Eurojust was represented by Mrs. Michèle Coninsx, President of the
Colleague of Eurojust and National Member for Belgium; Mrs. Daniela
Buruiană, National Member for Romania and Mrs. Mariana Radu, Seconded
National Expert.
The European Commission, Directorate General for Justice and Consumers,
Unit B.1 – Procedural criminal law was represented by Mrs. Cécile Soriano.
The meeting was attended by Mr. Eric Bisschop and Mr. Geert Schoorens,
representatives of the Federal Prosecutor’s Office in Belgium.
From Italy participated Mr. Roberto Amorosi, prosecutor, EJN contact point.
From France participated Mrs. Mona Popescu Boulin, liaison magistrate in
Romania and the Republic of Moldova.
From Slovakia participated Mrs. Barbara Hudecová, EJN contact point.
From Turkey participated Mrs. Sümeyye Kircali, judge Ministry of Justice,
DG for EU Affairs.
From the Republic of Moldova participated Mr. Denis Rotaru, prosecutor.
From Serbia participated Mrs. Branka Milosavljevic, EJN contact point.
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From Montenegro participated Mr. Veljko Rutović, EJN contact point.
At the meeting participated 32 romanian representatives: 2 representatives
from the Ministry of Justice; 1 prosecutor from the Prosecutor’s Office
attached to the High Court of Cassation and Justice (POHCCJ); 1 prosecutor
from the National Anticorruption Directorate (DNA); 20 prosecutors from
the Directorate for Investigating Organized Crime and Terrorism (DIICOT),
Central Office and Territorial Services in Brasov, Bucharest, Craiova, Pitesti
and Ploiesti; 4 prosecutors from the Prosecutor’s Offices attached to the
Appeal Courts in Brasov, Bucharest, Constanta and Ploiesti and 4 judges
from the Appeal Courts in Bucharest (2), Constanta and Ploiesti.
9. The Event
9.1. Prior public information
A press release was published on the website of the Directorate for
Investigating Organized Crime and Terrorism (DIICOT) on 29th October
2016, informing the public about the event, the entities that facilitated it and
the financing provided by the EU.
The press release could be read using the link:
http://www.diicot.ro/index.php/arhiva/1910-comunicat-de-presa2-19-10-
2016.
9.2. Opening session
Mr. Daniel – Constantin Horodniceanu, the Chief Prosecutor of the
Directorate for Investigating Organized Crime and Terrorism (DIICOT),
opened the meeting. In the opening speech he expressed his gratitude for the
willingness of the participants to attend the reunion. He highlighted the
necessity and importance of the international judicial cooperation nowadays.
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Mrs. Michèle Coninsx, President of the Colleague of Eurojust and National
Member for Belgium, made a presentation of Eurojust and its role. Mrs.
Coninsx stressed the importance of Eurojust in the fight against serious cross
border crime, especially terrorism, illegal immigrant smuggling, cybercrime.
Mrs. Coninsx also presented the organisational development and outlook.
Mr. Ola Löfgren, Secretary to the European Judicial Network (EJN) made a
presentation of the European Judicial Network and its role. Mr. Löfgren
highlighted the importance of the judicial cooperation between the European
countries and between EJN and its partners (other networks and third
countries) in the successful solving of the criminal cases regarding serous
cross border crime.
9.3. The agenda of the meeting
The final agenda of the meeting was attached to this report, as Annexe 1.
9.3.1 Panel 1
The topic of this panel was “EJN and EUROJUST. Achieving common
objectives. Evidence-gathering in EU cross-border cases. Operational tools.
part one”.
Mrs. Laura Felicia Ceh, prosecutor within the Directorate for Investigating
Organized Crime and Terrorism (DIICOT), EJN contact point, presented the
competences and tasks of the EJN Contact Points; functions of the EJN
contact points. She also spoke about the activity of the European Judicial
Network and the Romanian Judicial Network in criminal matters.
Mr. Eric Bisschop and Mr. Geert Schoorens, representatives of the Federal
Prosecutor’s Office in Belgium presented the way that the Federal
Prosecutor’s Office in Belgium cooperates with the competent judicial
authorities from the foreign countries. He also showed the way that the
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Federal Prosecutor’s Office in Belgium collaborates with the District
Prosecution Offices in Belgium. Were presented the Protocols of Partnership
between the Federal Prosecutor’s Office in Belgium and competent judicial
authorities from Romania, Serbia, Albania, Moldova, Bulgaria, the
Netherlands, Russia and Ukraine. Practical cases showing the cooperation
between the Federal Prosecutor’s Office in Belgium and the Directorate for
Investigating Organized Crime and Terrorism (DIICOT) were presented.
9.3.2 Panel 2
The topic of this panel was “EJN and EUROJUST. Achieving common
objectives. Evidence-gathering in EU cross-border cases. Operational tools.
part two”.
Mrs. Daniela Buruiană, National Member for Romania at Eurojust,
presented the tasks and competences of Eurojust, the operational tools and
priorities and the Romanian example. She showed the limitations on national
police and prosecutors, the cooperation agreements with other organizations
involved in the fight against crime, the cooperation with third states, the
Eurojust National Coordination System. She presented the way the
coordination meetings are held and the way the joint investigation teams are
formed. She also made a comparison between the mutual legal assistance
requests and the joint investigation teams and then presented some practical
cases in which Romania was involved.
Mr. Florin Răzvan Radu, Seconded National Expert to EJN secretariat,
presented the European Judicial Network’s role, structure and operational
tools. He showed the way that the contact points work and practical aspects
about their work. He also presented the EJN website, e-tools and the way
these tools can be used bz the practitioners.
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9.3.3 Panel 3
The topic of this panel was “Evidence-gathering in EU cross-border cases.
European Investigation Order”.
Ms. Cécile Soriano, from the European Commission, Directorate General for
Justice and Consumers, Unit B.1 – Procedural criminal law presented the
concept of the European Investigation Order (EIO), the legal background,
the main objectives of the proposal, the content of the EIO (competent
authorieties, investigative measures, conditions for issuing an EIO), time
limits, grounds for refusal, remedies, specific measures and provisional
measures.
Mrs. Laura Felicia Ceh, prosecutor within the Directorate for Investigating
Organized Crime and Terrorism (DIICOT), EJN contact point, presented the
investigative measures and international judicial cooperation in the
European Union. She presented a brief history of the instruments used in the
field of international judicial cooperation. Then she presented the European
legal instruments for judicial cooperation. Finally she presented the subject
of investigating and gathering evidence in another member state according
to the existing instruments and according to the Directive on the EIO.
9.3.4 Panel 4
The topic of this panel was “Third States. Cooperation through EJN;
Cooperation through Eurojust/EJN”.
Mr. Ola Löfgren, Secretary to the European Judicial Network (EJN)
presented the EJN cooperation with Partners – networks and third countries,
ways of cooperation with other networks, possible new developments. Then
he spoke about the candidate countries, the associated countries, the third
country contact points to the EJN. Finally he presented the EJN partners on
the EJN website.
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Mrs. Florina Silvia Popa, prosecutor within the Directorate for Investigating
Organized Crime and Terrorism (DIICOT), dealing with cybercrimes,
presented the practitioner’s perspective regarding the cooperation through
Eurojust/EJN. First she presented the gradual process of appropriation
regarding the cooperation through Eurojust/EJN, then she presented the
challenges regarding the international judicial cooperation and the
operational tools. She also presented three successful cases of DIICOT,
where international judicial cooperation was decisive to the outcome of the
case.
9.3.5 Panel 5
The topic of this panel was “Setting-up a good example. Case examples”.
The EJN contact points from Romania presented, briefly, examples of
successful cooperation through EJN/Eurojust.
Then the participants presented their conclusions regarding the meeting.
10. Dissemination of the material
Materials promoting EJN were received from the EJN Secretariat and were
distributed to the participants during the meeting.
After the meeting, the slide shows and other connected documents were sent
to the participants by email, in order to disseminate the information among
their colleagues.
11. Conclusions
The event achieved it’s purpose, which was to bring together EJN Contact
Point from European Union (Italy, France, Slovakia, Belgium) and several
third countries as Republic of Moldova, Serbia, Montenegro and Turkey in
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order to explore diverse ways of dealing with serious crime cases with cross
border dimension. Moreover, a practical approach to achieve effective
results in investigating and prosecuting these types of offences, in particular
as they fall in the jurisdiction of EJN and Eurojust.
It was emphasized that the EJN contact points are the links between national
judicial authorities in order to facilitate judicial cooperation in action to
combat forms of serious crime. From this perspective, close and pragmatic
cooperation at institutional and operational level between EJN and Eurojust
is required.
The meeting also turned out to be very useful for the romanian magistrates
because the event was attended by prosecutors and judges from Bucharest,
Constanta, Ploiesti, Craiova, Pitesti, Brasov, and they have learned the role
of EJN in the field of international judicial cooperation in criminal matters
and how it can help them in order to solve their cases. The participants will
disseminate with their colleagues the information learned at the meeting.
During the meeting there were interactions with speakers, questions raised
and debated in plenum.
The information presented at the meeting about EJN, EJN website,
EUROJUST and discussions about practical cases and the new legal
instruments available for judicial cooperation within the EU were well
appreciated, understood and considered ready to be used.
The practitioners were encouraged to contact the EJN’s and EUROJUST’s
members when necessary, to use the technical and legal tools developed and
available for them, to participate to the coordination meetings, all of this in
order to better cooperate with other countries practitioners, and with the final
aim of better fighting against crime.
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12. Annexes to the report
- Annexe 1: Final Agenda
- Annexe 2: Photos from the event – only for the report’s purposes, not for
publishing in any way;
- Annexe 3: Press release
- Annexe 4: List of the participants;
- Annexe 5: C.D. containing the presentations.
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Annexe 1: Final Agenda
20 October 2016
Chair: Ms. Laura-Felicia CEH, prosecutor, Directorate for Investigating
Organized Crime and Terrorism
8:30 – 09:30 Arrival and Registration of the participants
OPENING SESSION
9:30 – 9:40 WELCOMING ADDRESSES
Mr. Daniel-Constantin Horodniceanu, Chief Prosecutor,
Directorate for Investigating Organized Crime and Terrorism
9:40 -10:15 CO-OPERATION AND CO-ORDINATION IN THE FIGHT
AGAINST SERIOUS CROSS-BORDER CRIME
Ms. Michèle Coninsx, President of Eurojust and National
Member for Belgium
Mr. Ola Löfgren, Secretary of the European Judicial Network
Panel 1
EJN and EUROJUST. ACHIEVING COMMON OBJECTIVES.
EVIDENCE-GATHERING IN EU CROSS-BORDER CASES.
OPERATIONAL TOOLS part one
10:15 - 11:15
EJN - Competences and Tasks the EJN Contact Points
Speaker Ms. Laura-Felicia CEH, prosecutor, Directorate for
Investigating Organized Crime and Terrorism, EJN Contact Point.
The FPO goes bilateral: a decade of dedication, a decade of
success
Speakers Mr. Eric Bisschop and Mr. Geert Schoorens, representatives
of the Federal Prosecutor’s Office in Belgium
11:15 – 11:30 Coffee break
Panel 2
EJN and EUROJUST. ACHIEVING COMMON
OBJECTIVES.EVIDENCE-GATHERING IN EU CROSS-BORDER
CASES. OPERATIONAL TOOLS part two
11:30 – 12:45 Eurojust Competences; Tasks; Operational Tools. Role of the
National Member in the Joint Investigations Teams
Speaker Ms. Daniela Buruiana, prosecutor, National Member for
Romania at Eurojust
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EJN Operational Tools. Role of the EJN Contact Point/Tools
Correspondents
Speaker Mr. Florin-Razvan RADU, Seconded National Expert to EJN
Secretariat
12:45 – 13:00 Questions and answers
13:00 – 13:15 Family Picture
13:15 - 14:30 LUNCH BREAK
Panel 3 EVIDENCE-GATHERING IN EU CROSS-BORDER CASES.
EUROPEAN INVESTIGATION ORDER and others …
14:30 – 16:00
Fields of application. Relation to other legal instruments
Speaker: Ms. Cécile Soriano, representative of European
Commission, Directorate-General for Justice and Consumers, Unit
B.1 – Procedural criminal law
Investigative measures. Recourse to a different measure
Speaker: Ms. Laura-Felicia CEH, prosecutor, Directorate for
Investigating Organized Crime and Terrorism, EJN Contact Point
16:00 – 16:30 Questions and answers
16:30 End of the first day
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21 October 2016 Chair: Camelia-Maria Stoina, Chief prosecutor, Directorate for Investigating
Organized Crime and Terrorism
8:30 – 9:15 Registration of the participants
Panel 4 THIRD STATES. Cooperation through EJN
9:15 – 9:45
Speaker Mr. Ola Löfgren, Secretary of the European Judicial
Network
Cooperation through Eurojust/EJN
9:45 – 10:45
Speaker Ms. Silvia Florina POPA, prosecutor, Directorate for
Investigating Organized Crime and Terrorism
10:45 – 11:00 Questions and answers
11:00-11:15 Coffee break
Panel 5 SETTING-UP A GOOD EXAMPLE. Case examples
11:15 – 12:30
Presentations made by the EJN Contact Points
12:30 – 12:45
Conclusions and end of the meeting
12:45 – 14:00 Lunch
14:00
Departure of participants
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Annexe 2: Photos from the event – only for the report’s purposes, not
for publishing in any way
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Annexe 3: Press release
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Annexe 4: List of the participants
LIST OF PARTICIPANTS
EJN Regional Meeting on the „Role of the EJN contact points in combating forms of
serious crime. Setting a good example.”
Bucharest, 20 – 21.10.2016
NAME CONTACTS SIGNATURE
1. Andrei Violeta
2. Amorosi Roberto
3. Bisschop Eric
4. Buruiană Daniela
5. Botezatu Vali Sonia
6. Ceh Laura Felicia
7. Chiurtu Greta Rodica
8. Coninsx Michèle
9. Diaconu Ramona
10. Dinu Elena
11. Frăţilescu Mihai
12. Gherghişan (Dăescu) Cornelia
13. Ghirdoveanu Ilie Adrian
14. Hălălău Cosmin Daniel
15. Hărăboiu Florian
16. Hudecova Barbara
17. Iovan Anca Ştefania
18. Kelemen Narcisa
19. Kircali Sumeyye
20. Lica Camelia
21. Löfgren Ola
22. Milosavljevic Branka
23. Mihăilă Adelin
24. Mitea Damian Marius
25. Neagu Cătălina
26. Negulescu Raluca
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27. Niculicea Nicolae
28. Onaca Viviana
29. Petcu Ingrid
30. Popa Silvia Florina
31. Popescu Mona
32. Radu Florin Răzvan
33. Radu Mariana
34. Râmniceanu Maria
35. Rotaru Denis
36. Rutovic Veljko
37. Schoorens Geert
38. Sisman Beatrice Silvia
39. Soriano Cecile
40. Stan Ştefania
41. Stoica Alina
42. Stoina Maria Camelia
43. Strîmb Codruţa
44. Trif Valentin
45. Valentin Mihai
46. Vasilescu Liviu
47. Ecedi – Stoisavlevic Laura