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.