ejn-crimjust.europa.eu · web viewthe ejn judicial atlas will refer to the accepted language for...

EJN/2015/10

ACTION PLAN

for the implementation of the recommendations regarding the European Judicial Network (EJN) from the country reports and the Final report of the sixth round of mutual evaluations

Recommendations Actions Measures/Activities Responsibles Deadline Status / Observations

Recommendations1 to be implemented by the EJN Secretariat and/or other entities of Eurojust2, where appropriate with support from the Member States

1. Website-related recommendations3

1.1. On the User-friendliness of the website and its tools:

Making the website more user-friendly in general;

Making the tools, especially the Atlas and Compendium more user-friendly;

Keeping the Atlas and the other tools constantly updated.

1.1.1. Continuing to improve the functionalities of the EJN website with a view of making it more user-friendly;

1.1.1.1. The “One atlas” project: the “Judicial Atlas” tool contains information related to all mutual legal assistance (MLA) and mutual recognition (MR) legal instruments;

1.1.1.1.EJN Secretariat, Information Management (IM) Unit of Eurojust, national correspondents and tool correspondents.

1.1.1.1.1st Q 2015

1.1.1.1.The new Judicial Atlas has been launched in February 2015. The EJN Secretariat is continuing working closely with the national and tool correspondents in order to

1 Annex - Part I to the Action Plan contains the detailed recommendations from the respective country reports and the final report as well as relevant remarks and conclusions from the reports

2 In accordance with Article 25a of the Council Decision on Eurojust, the EJN Secretariat is a separate unit within Eurojust administration and on internal administrative matters it is subordinated to the Administrative Director (AD) and the Head of Operational Support (HoOS) of Eurojust. On the other hand, as administrative unit of the EJN, the EJN Secretariat is accountable to the Network. For the purpose of this Action Plan, reference to EJN Secretariat implies the supervision role of the hierarchical superiors of the Head of the EJN Secretariat as a unit within Eurojust.

3 The migration process of the EJN website into the e-Justice portal may have an impact on the actions and measures mentioned under this point.

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1.1.1.2. The “Compendium” project: the revamp of this tool in order to make its use easier and of real value for the practitioners.

1.1.1.3. The “maps” project facilitates the access to different EJN tools using the maps.

1.1.1.4. The working group on e-Justice to be assigned with the tasks of taking account making the website more user-friendly.

1.1.1.5. On the basis of the indications of the Reports, drafting and sending out a questionnaire for the contact points and tool

1.1.1.2.EJN Secretariat, IM Unit, national correspondents and tool correspondents.


1.1.1.4.EJN Secretariat, Working group on e-Justice.

1.1.1.5.EJN Secretariat

1.1.1.2.2016

1.1.1.3.1st Q 2015

1.1.1.4.TBD

1.1.1.5.2016

permanently update and improve this tool.

1.1.1.2.The EJN Secretariat has elaborated the requirements and submitted them to the contractor.

1.1.1.3.Implemented

1.1.1.5.Kick-off in 2016.

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1.2. On additional functions in the Atlas

Indicating the accepted language by the receiving

1.1.2. Further analysing the user-friendliness of the website and proposing solutions

1.2.1. The EJN Judicial Atlas will refer to the accepted language for each type of request for judicial cooperation on the basis of the

correspondents, to identify the functionalities of the website they wish to be improved.

1.1.1.6. Redesigning the homepage of the EJN website

1.1.2.1. Making the compendium more user-friendly (see above 1.1.1.2.)

1.1.2.2. Analysing the user-friendliness of each tool and implement needed improvements.

1.2.1.1. The “One Atlas” project (see above)




1.2.1.1.EJN Secretariat, IM Unit, national correspondents and

1.1.1.6.4rd Q 2015

1.1.2.1.2016

1.1.2.2. permanent

1.2.1.1.2nd Q 2016

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authority

1.3. To make word/editable forms available in the EJN website

1.4. To permanently update the website

information to be available in the revised Fiches belges.1.3.1. Forms to be available in

word/editable format

1.4.1. Establishing a working methodology with a view of ensuring permanent update of all sections of the website

1.3.1.1. Forms to be available in word/editable format in the EJN Judicial Library

1.3.1.2. The “New compendium project” with the aim of revamping this tool in order to be more user friendly and to enable the practitioners to draft and send all types of request of judicial cooperation in criminal matters, including those based on the principle of mutual recognition.

1.4.1.1. Establishing a regular communication flow with the tool correspondents and national correspondents, using a template for reporting any updates needed See also 1.6.2.1 and 1.6.2.2;

tool correspondents.



1.4.1.1 EJN Secretariat, IM Unit,National correspondents and tool correspondents,

1.3.1.1.4th Q 2015

1.3.1.2.2016

1.4.1.1. Permament

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1.4.1.2. Continuing to improve the back-office of the website to facilitate the update by the tool correspondents;

1.4.1.3. Monitoring on quarterly basis the update of the list of contact points for each Member State and candidate country. To this end, the list of contact points will be circulated to check its accuracy, including approaching individually the tool/national correspondents of each Member State;

1.4.1.4. Analysing of the eventual need of assigning more human resources to the work related to the (permanent update of) the website.

1.4.1.2. EJN Secretariat, IM Unit

1.4.1.3. EJN Secretariat

1.4.1.4. AD/HoOS of Eurojust, EJN Secretariat

1.4.1.2. Permanent

1.4.1.3. Quarterly

1.4.1.4.2016

This is a shared responsibility of the tool correspondents in each Member State and of the EJN Secretariat, with the EJN Secretariat taking the lead.

The migration of the EJN Website to the eJustice Portal has to be taken into account

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1.5. On translation of website

1.5.1. Ensuring translation of all sections of the EJN website in all official languages of the European Union

1.4.1.5. Publishing disclaimers and/or information on the status of update of certain tools and information in the EJN website

1.5.1.1 Continuing working on the translation of the static part of the website in all official languages of the EU;

1.5.1.2. Once the EJN website will be migrated to the e-Justice Portal, the EJN Secretariat, Eurojust and the Commission will establish the mechanism to ensure the swift translation of the website by the services of the Commission.

1.4.1.5 EJN Secretariat

1.5.1.1. EJN Secretariat

1.5.1.2. EJN Secretariat, Commission

1.4.1.5.Permanent

1.5.1.1.2016

1.5.1.2.TBD

1.5.The translation of the static parts of the website in all languages excepting Croatian) is already realised under the EJN budget. In the future, once the EJN website will be migrated into the e-justice portal, the EC will ensure translation in all languages.The Commission will be responsible. The methodology and the technical aspects still to be determined. A

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1.6. Enriching and constantly updating the EJN Library

1.6.1. Improving the technical functionalities and further developping the EJN Judicial Library

1.6.1.1. Continuing to work on filling in the library, including with relevant case law4 and case law analysis and overviews and other useful practical information, in accordance with the needs of the practitioners;

1.6.1.2. Taking the appropriate measures to improve the

1.6.1.1.EJN Secretariat, EJN&Liaison Magistrates (LM) Team of Eurojust, national correspondents, tool correspondents

1.6.1.2 EJN Secretariat

1.6.1.1.Permanent

1.6.1.2.2016

roadmap for transition of the website into the e-Justice Portal to be agreed with the Commission.

1.6.1.1.The EJN Secretariat already approached the tool and national correspondents to update the information on the status of implementation; other documents have been added to the library; individual reminders are sent out on regular basis.

1.6.1.2.The Judicial

4 Case law of the Court of Justice of the European Union, of the European Court of Human Rights, as well as national case law.

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1.6.2. Ensuring the permanent update of the information contained in the library

technical functionalities of the library, in order to make it more user-friendly;

1.6.2.1. Establishing a communication flow with the European Commission with of view of receiving update on the status of implementation of relevant EU legal instruments;

1.6.2.2. A table will be circulated regularly in order to check with the national correspondents and tool correspondents the accuracy of the data concerning their Member State available in the Judicial Library.

1.6.2.1.EJN Secretariat, Commission

1.6.2.2.EJN Secretariat

1.6.2.1.2015 Permanent

1.6.2.2.Permanent

Library will be revamped.

2. Recommendations related to the handling of requests

2.1. Joint Paper EJN/Eurojust elaborated by the Joint

2.1.1. Elaboration of Joint Paper; 2.1.1.- 2.1.4. EJN & LM Team, EJN

2.1.1Implemented

So far, the Joint Paper

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by EJN and Eurojust and the interaction between them

Providing common guidelines on the reference of cases to Eurojust or the EJN to all Member States

To collect and, where appropriate, translate and disseminate guidelines issued at national level regarding the referral of cases either to Eurojust or to the EJN;

Raising awareness on the Joint Paper EJN-Eurojust

EJN/Eurojust task force

2.1.2. Translation into all European Union (EU) languages of the Joint Paper;

2.1.3. Publication of the Joint Paper on the EJN and Eurojust websites and its dissemination in the Member States;

2.1.4. Evaluate together with Eurojust on the use and usefulness of the Joint Paper and collection of national practices

Secretariat, EJN Contact Points

2.1.2.1st Q 2015

2.1.3.4th Q 2015

2.1.4.2016

EJN/Eurojust has been elaborated and has been uploaded in English in the EJN and Eurojust websites.

The paper will be also available in all EU official languages. The Member States are encouraged to publish it on the national internet and intranet pages.

Because not all Member States agree on the need to have common guidelines, work on this action has been put on hold. Moreover, most Member States were reluctant to a

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2.2. Organising joint workshops EJN – Eurojust and sharing information

2.3. Collect practices on distribution of cases between Eurojust and the EJN identified in the Reports and disseminate them among EJN and Eurojust.

2.2.1. Within the 46th EJN plenary meeting under the Dutch Presidency, organisation of workshops is considered on the handling of requests to EJN and Eurojust and the interaction between them.

2.2.2. Report outcome of the joint workshops at the Eurojust National Correspondents (NCE) meeting

2.3.1 Collection and analysis of practices

2.3.2 Dissemination.

2.2.1.EJN Secretariat, Eurojust national desks, EJN&LM Team

2.2.2.EJN Secretariat,EJN&LM Team

2.3.1-2.3.2 – EJN&LM Team, EJN Secretariat/EJN&LM Team

2.2.1.June 2016

2.2.2.TBD

2.3.2016

more detailed guidance on this aspect in the draft Eurojust Regulation.

As requested in NCE meetings.

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2.4. Eurojust and EJN to collect national guidelines on distribution of cases between Eurojust and the EJN and to publicise and promote their use at European level, by publishing them on EJN and Eurojust websites (guidelines available are already published on the Eurojust Extranet)5.

2.4.1 Collection, translation in English, and dissemination of national guidelines

2.4.1 EJN&LM Team, EJN Secretariat, LS

2.4.Permanent

3. Recommendations related to the improvement of international judicial cooperation as outcome of EJN meetings Collecting and publishing

recommendations made by practitioners during plenary meetings of the EJN;

Supporting regional meetings of EJN contact points”

3.1. Careful selection of topics of the plenary meetings, on the basis of consultations within the EJN Trio Presidencies and enlarged trio and Eurojust and liasing on the feed-back from the Contact Points on the practical needs. Such consultation should also include topics for meetings arranged by Eurojust. (see also infra., point 7)

3.1.1. Organisation of Trio Presidencies meetings and permanent consultation between the EJN Secretariat and the Trio Presidencies, and with Eurojust, including Joint Investigation Teams (JIT) Network and Genocide Network Secretariats.

3.1. EJN Secretariat, EJN Presidencies, EJN & LM Team

3.1. On annual basis

5 The Extranet is a restricted access area on the Eurojust website. Access can only take place with log in credentials. National Correspondents for Eurojust, members of the Eurojust College, and certain members of the Administration have access currently.

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The EJN meetings to be focused on practical issues of judicial cooperation

3.2. Continuing providing financial support to organisation of EJN regional and national meetings;

3.3. Collecting the recommendations, best practices, opportunities or problems raised by practitioners in the EJN meetings and disseminating them in the website and through EJN documents.

3.4. Requesting contributions from the EJN contact points on operational aspects of interest for the improvement of judicial

3.2.1. Allocating budget for financial support to regional and national meetings

3.3.1. Drafting minutes of all EJN meetings;

3.3.2. Extracting the main findings of the plenary and regional meetings and publication in the website, in English and French versions.

3.3.3. Making use of the recommendations raised in the EJN meetings when drafting the Bi-annial Report on the activities and management of the EJN.

3.3.4. Constant consultation of contact points on topics of interest for the EJN meetings.

3.4.1. Organising a tour de table on operational aspects in the EJN regular meetings

3.2. EJN Secretariat


3.4.1. EJN Secretariat, contact points

3.2. On annual basis

3.3. After each meeting and on the occasion of drafting the Report on the activities and management of the European Judicial Network (every second year).

3.4.1. On annual basis, in February

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cooperation and for the EU criminal policy.

3.5. Sharing these outcomes within Eurojust. Eurojust will share, with the EJN, relevant information on its findings regarding improvement of judicial cooperation.

3.4.2. Collecting such information for the drafting of the bi-annial report on the activities and management of the EJN.

3.5. Establishing a working method on the information provided to Eurojust by the EJN Secretariat and the information provided by Eurojust to EJN.

3.4.2. EJN Secretariat,Contact points

3.5. EJN Secretariat, EJN & LM Team of Eurojust

3.4.2. Every second year

4. On raising awareness and training

4.1. The EJN Secretariat, in cooperation with the European Judicial Training Network (EJTN) and other training providers, will promote the EJN’s role and functions among practitioners within the European Union and will organise training seminars on judicial cooperation and on legal language.

4.2. The EJN Secretariat will update brochures/leaflets on EJN

4.1.1. Delivering presentations on EJN by the EJN Secretariat representatives or EJN contact points in training seminars on judicial cooperation in criminal matters;4.1.2. Promoting EJN in events organised by partners;4.1.3. Organising seminars on international judicial cooperation and legal language, including in cooperation with the EJTN.

4.2.1. Drafting, proofreading, production and dissemination of brochures/ leaflets.

4.1. EJN Secretariat, EJN contact points

4.2.1.EJN Secretariat

4.1.Permanent

4.2.1.TBD

Starting with 2015, the EJN will be present in the 6 seminars organised under the Criminal Justice I Project of EJTN

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4.3. The news section of the EJN website will be permanently updated

4.4. The EJN and Eurojust shall work together in organising (common) roadshows and promotion tours with a view of raising awareness of the specific roles and functions of each of these structures

4.3.1. Uploading information in the news section on weekly basis;

4.4.1. Liaising with Eurojust in order to streamline presentations and determine the arrangements for roadshows

4.4.2 Making use of and regularly updating EJN and Eurojust presentations in which information on the other is included, and upload these presentations on the websites of the EJN and Eurojust.

4.4.3 Strengthening ties between the EJN and the Eurojust websites, including by regularly updating information on Eurojust and the EJN respectively contained.

4.4.4.Considering making promotion video materials on EJN and Eurojust and disseminating them on the intranet sites of the


4.4.1.EJN Secretariat, EJN & LM Team

4.4.2EJN Secretariat, EJN&LM Team

4.4.3EJN Secretariat, EJN&LM Team

4.4.4.EJN Secretariat, EJN & lm Team

4.3.1.Permanent

4.4.1.2016

4.4.22016

4.4.3 Recurrent and on ad hoc basis

4.4.4.2016

Videoconference meetings could be an option, whenever possible.

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national authorities.

4.4.5. Encouraging the EJN Contact Points to use in their signature, along with their other functions and titles, their function as EJN Contact Point/National Correspondent


4.4.5. End of 2015.

5. On collecting statistics related to the EJN workload:

5.1. EJN shall revise the way of collecting statistics on the activities of its contact points

5.1.1. Preparing a proposal on revision of templates for submitting the statistics;

5.1.2. Discussion and approval of the mentioned proposal;

5.1.3. Monitoring at national level via the national correspondents.

5.1.4. Ensuring collection of relevant information for the Part III of the EJN bi-annial reports dealing with criminal policy issues and practical problems on judicial cooperation in criminal matters


5.1.2.EJN contact points

5.1.3.EJN national correspondents

5.1.4. The EJN Secretariat, EJN national correspondents, EJN contact points.

5.1.1. 2016

5.1.2. 2016

5.1.3. Permanent

5.1.4. Permanent

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6. On the functioning of Contact Points and criteria for their appointment

6.1.a. The EJN Secretariat shall send to the appointing authorities in the Member States the criteria for the appointment of EJN contact points, national correspondents and tool correspondents, (see the EJN guidelines adopted under the German Presidency in 2007)

6.1.b Collect and disseminate available basic requirements for the designation as EJN contact points from the Reports

6.2. Collecting statistical data on the activities of the EJN contact points and present these data in the Bi-annial reports on the operation and management of the EJN.

6.3. The EJN shall perform a peer evaluation of the functioning of the Network

6.1.a. The sending of a letter on criteria for the appointment of the national correspondents, contact points and tool correspondents;

6.1.b.1 Collection of information from the Reports;

6.1.b.2 Dissemination

6.2.1. Collection of statitics;

6.2.2. Drafting the Report on the Operation and Management of the EJN.

6.3.1. Elaboration of a questionnaire6.3.2. Evaluation and drafting of a report;6.3,3. Dissemination


6.2.1. EJN Secretariat, contact points

6.2.2. EJN Secretariat

6.3. EJN Secretariat, EJN contact points

6.1.2016

6.2.1. On yearly basis

6.2.2. Every 2 years.

6.3. 2017

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7. On work planning and management of the EJN

7.1. The Trio Presidencies working methodology established in 2010 will continue to be used and improved.

7.2. The EJN Secretariat will continue to propose to the Trio Presidencies a “Scoreboard” of activities as a planning tool ensuring the consistency between the presidencies

7.3. The EJN Work Programmes will be coordinated with the enlarged Trio Presidencies

7.4. Ensuring full compliance of the EJN Secretariat’s unit plan and operational procedures with the internal procedures at Eurojust

7.1.1. Organising Trio Presidencies meetings;7.1.2. Inviting the incoming Presidency to attend the last meeting of the Trio Presidencies (Trio +1 format) before the meeting of the enlarged Trio Presidencies

7.2.1. Updating the Trio Presidencies Scoreboard;

7.3.1. The incoming Trio Presidencies are invited to the last Trio Presidencies meeting of the outgoing Trio.

7.4.1. Liaising with the relevant units and services at Eurojust

7.1.-7.3. The EJN Secretariat, The Trio Presidencies

7.4. The EJN Secretariat

7.1. Permanent

7.2. Permament

7.3. Permanent

7.4. Permament

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APPENDIX

Inventory of main recommendations to be implemented by the Member States regarding the EJN

(Extracts of main recommendations as contained in the country reports and in the final report)

1. Recommendations6 on the appointment and functioning of EJN contact points

1.1. The Member States should establish objective mechanisms for the appointment of the EJN contact points, in accordance with the requirements of this position mentioned in the EJN and Guidelines, especially the high expertise on international judicial cooperation in criminal matters and the language skills;

1.2. The Member States should analyse the possibility of establishing of a mechanism to monitor the performance of the EJN contact points;

1.3. The Member States should ensure proper financial and human resources to the functioning of the EJN at national level;

1.4. Bearing in mind their internal structure and in accordance with their constitutional and legal systems, the Member States should analyse the possibility of combining the role of EJN national correspondent (EJN contact point) with the role of Eurojust national correspondent, as well as the opportunity to appoint at least an EJN contact point at their respective national desks at Eurojust;

1.5. The Member States should appoint more judges as EJN contact points and to increase their role in judicial cooperation in criminal matters;

1.6. The Member States should ensure as much as possible the continuity in the work of EJN contact points and, when new contact points are appointed, to ensure an appropriate handover procedure and notify the EJN Secretariat on the update of the list of contact points;

1.7. The Member States which have several EJN contact points should implement a rotation principle to ensure the participation of all EJN contact points in plenary meetings.

2. Recommendations on issuing national guidelines on the use of EJN or Eurojust

2.1. The Member States should (continue to) elaborate guidelines on when to refer a case to Eurojust or an EJN contact point.

6 The Annex – Part II contains the detailed recommendations from the respective country reports and the final report.

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3. Recommendations on raising awareness and training

3.1. The Member States should ensure that the initial and continuous training curriculas for judges and prosecutors are adequate to the needs of training on judicial cooperation in criminal matters, including related to EJN and Eurojust;3.2. The Member States should (continue to) develop intranet/internet pages on judicial cooperation in criminal matters and to elaborate practical guidelines and handbooks on this matter, including on the possibilities offered by EJN and Eurojust.

4. Recommendations on the organisation of regional and national EJN meetings

4.1. The Member States should regularly organise EJN national meetings, at least once a year, including with financial support from EJN Secretariat’s budget;

4.2. The Member States should make better use of the opportunities to organise EJN regional meetings.

5. Recommendations on the need of permanent update of the EJN website

5.1. All Member States should ensure that the information related to them in the EJN website is permanently updated by the tool correspondents.

6. Recommendations on collecting statistical data on EJN activities in the Member States

6.1. The Member States should ensure that reliable statistical data on the activities performed by their EJN contact points are provided to the EJN Secretariat.

7. Recommendations on the internal judicial organisation, ENCS and cooperation with other networks

7.1. In accordance with their constitutional and legal systems, the Member States should analyse the possibility of establishing international cooperation in criminal matters sections/EJN contact points in courts and prosecution offices;

7.2. The Member States should consider making specific reference to EJN and Eurojust in their national legislation on judicial cooperation in criminal matters;

7.3. The Member States shall include EJN contact points in the ENCS and should include all ministries/bodies dealing with cross-border judicial cooperation;

7.4. The Member States should analyse the possibilities to reduce the normal workload of EJN contact points in their capacity of judges, prosecutors or officials of the

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Central Authorities, as to allow them to devote sufficient time to their tasks as EJN contact points.

7.5. Where appropriate, cooperation of the Member States’ authorities with other networks shouldtake place via EJN.

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