regional cooperation is a criteria for eu accession goals of the regional cooperation goals of the...

Regional cooperation is a criteria for EU accessionRegional cooperation is a criteria for EU accession GOALS OF THE REGIONAL COOPERATION GOALS OF THE REGIONAL COOPERATION

IN THE AREA OF IN THE AREA OF JUSTICE AND HOME AFFAIRSJUSTICE AND HOME AFFAIRS

SEE - RCC SEE - RCC operationaoperationa

llPLATFORM PLATFORM

SEE Regional Cooperation – SEE Regional Cooperation – 55 Key AreasKey Areas

JUDICIAL COOPERATION INSTITUTIONAL JUDICIAL COOPERATION INSTITUTIONAL FRAMEWORKFRAMEWORK

SEE Regional OrganizationsSEE Regional Organizations

ONGOING REGIONAL COOPERATION ONGOING REGIONAL COOPERATION PROCESSES PROCESSES SUSTAINED BY SUSTAINED BY RCC JHARCC JHA

SEE JUDICIAL COOPERATION LEGAL FRAMEWORK – CASE BY CASE APLICABLE LAW

EXAMPLES OF APPLICABLE SUBSTANTIAL EXAMPLES OF APPLICABLE SUBSTANTIAL INTERNATIONAL LAWINTERNATIONAL LAW

UNITED NATION’s UNITED NATION’s Convention against Transnational Organized Crime, Palermo December 2000;▪ Protocol of 15 November 2000 to prevent, suppress and punish trafficking in persons, especially women and children▪ Protocol of 15 November 2000 against the smuggling of migrants by land, sea and air

Convention and Protocols are part of EU AQUISEU AQUIS Council Decision 2004/579/EC of 29 April 2004 on the

conclusion, on behalf of the European Community, of UNTOC(OJ L 261 of 6 August 2004);

EXAMPLES OF APPLICABLE SUBSTANTIAL EXAMPLES OF APPLICABLE SUBSTANTIAL INTERNATIONAL LAWINTERNATIONAL LAW

COUNCIL OF EUROPE COUNCIL OF EUROPE ConventionConvention on on

Action against Trafficking Action against Trafficking in in Human Beings Human Beings 197/2005197/2005

Convention is applying to all forms of trafficking in human beings: whether national or transnational, whether or not connected with organised

crime institute obligations to states

EXAMPLES OF APPLICABLE SUBSTANTIAL EXAMPLES OF APPLICABLE SUBSTANTIAL INTERNATIONAL LAWINTERNATIONAL LAW

EUROPEAN UNIONEUROPEAN UNION EU FRAMEWORK DECISION of 19 July 2002 on combating

trafficking in human beings EU FRAMEWORK DECISION of 15 March 2001 on the

standing of victims in criminal proceedings EU COMMISSION DECISION of 17 October 2007

setting up the Group of Experts on Trafficking in Human Beings (2007/675/EC)

Measuring Responses to Trafficking in Human Beings in the European Union: an Assessment Manual(18 October 2007)IV.1 Developing law enforcement agency expertise, establishing priorities and ensuring coordination and cooperation between agencies

PROCEDURAL INTERNATIONAL LAW PROCEDURAL INTERNATIONAL LAW TRADITIONAL MECHANISM TRADITIONAL MECHANISM

EXTRADITION EXTRADITION Council of Europe Convention Council of Europe Convention on Extradition of 1957

and the two Additional Protocols The extradition is carried out through diplomatic –

beaurocratic channel on the basis of a formal request, in writing and original documents related to the procedure.

MUTUAL LEGAL ASSISTANCE MUTUAL LEGAL ASSISTANCE Council of Europe Council of Europe Convention on Mutual Legal

Assistance in Criminal Matters OF 1959 and its Protocols 1978 and 2001

ENFORCEMENT OF CRIMINAL JUDGEMENTS ENFORCEMENT OF CRIMINAL JUDGEMENTS Council of Europe Convention Council of Europe Convention on the Transfer Of

Sentenced Persons, 1983. Council of Europe Convention Council of Europe Convention On The Validity Of

Criminal Judgements, 1990

Schengen Convention Schengen Convention 1998: Complementing The EC on MLA, on a voluntary basis

The Convention of 2000 on Mutual Legal Assistance In Mutual Legal Assistance In Criminal Matters Criminal Matters between EU Member States and its Protocol of 2001

Framework decision of 13 June 2002 on Joint Investigation Joint Investigation Teams Teams (2002/465/RIF)

The Framework Council Decision on the European Arrest the European Arrest Warrant Warrant And The Procedure Of Surrender Between The EU Member States Of 13 June 2002

SOLUTIONS AT EUROPEAN UNION LEVELSOLUTIONS AT EUROPEAN UNION LEVEL

SEE Convention on Police Cooperation Vienna 2006

Albania, Bosnia and Herzegovina, Bulgaria, Former Yugoslav Republic of Macedonia, Moldova, Montenegro, Serbia and Romania ratified, Croatia signed

Provides a comprehensive set of rules and standards designed to guide and enhance our common activities regarding police cooperation

Full implementation of the Convention signify preparedness to implement the requirements of the EU Acquis Communautaire in the area of Freedom, Security and Justice

ASSESMENT SEE JUDICIAL COOPERATION

Bilateral and multilateral agreements are being implemented, methods of cooperation, as well as the competent authorities are defined

Networks of liaison police officers and prosecutors have been established

A SEE regional mechanism for cooperation among law enforcement agencies and prosecutors, in particular through SEE initiatives is in place: to fight trans-border organized crime (SECI Center)

together with SEE Prosecutors Advisory Group (SEEPAG & PROSECO), and SEE Police Chiefs’ Association

anti-corruption (RAI) Illegal migration and THB (MARRI)

SEE GENERAL PROSECUTOR’S ROLE Core Priorities

for EU MS, candidate, potential candidate or partner countries to

European accession and Euro-Atlantic integration. General Prosecutors play an essential role in: Promoting and defending the rule of law Adopting measures and mechanisms to make effective

international judicial cooperation Strengthening public confidence in the criminal justice

integrity and efficiency SEE countries are confronted with common challenges: the process of structural criminal justice reforms

according with EU and international standards; permanent and functional prosecutors’ cooperation; coordination in fighting transnational organised crime,

corruption and illegal migration.

Proposal to initiate SEE Prosecutors General’s

Forum

At SEE regional level there is no initiative concerning General Prosecutors, thou there are annual meetings of the SEECP’s Ministers of Justice and Home Affairs

SEE Prosecutors General’s Forum SEE PG regional mechanism may addressed at least

three regional processes: harmonization and implementation of

national, EU and international legislative framework

institutional and functional standardization forms and methods of cooperation – a

holistic approach on enhancing regional cooperation among police, law enforcement officers, prosecutors and judges;

SEE Prosecutors General’s Forum SEE PG regional mechanism will be able to solved the

duplication of regional prosecutors’ networks SEEPAG and PROSECO and to support the consolidation of SECI Centre for fighting trans-border crime.

SEE PG will ensure high level inputs of the region to the future 2010 – 2014 EU Strategy on JHA - Stockholm Program which has to be drafted at the end of 2009.

At regional level RCC consultation are in course to elaboration of a SEE Multiannual Regional Strategy in the area of justice and home affairs, meant to create convergences and to harmonize with EU, CoE, UNODC, OSCE, OEDC strategies.