Virgil IVANCUCU

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SOUTH EAST EUROPE
THE FRAMEWORK OF REGIONAL COOPERATION IN CRIMINAL
JUSTICE
Virgil IVAN-CUCU Senior Expert, Head of
Justice and Home Affairs Unit March 2009
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Regional cooperation is a criteria for EU
accession GOALS OF THE REGIONAL COOPERATION IN
THE AREA OF JUSTICE AND HOME AFFAIRS
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SEE - RCC operational PLATFORM
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SEE Regional Cooperation 5 Key Areas
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JUDICIAL COOPERATION INSTITUTIONAL FRAMEWORK
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SEE Regional Organizations
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Ongoing Regional Cooperation Processes sustained
by RCC JHA
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SEE JUDICIAL COOPERATION LEGAL FRAMEWORK CASE
BY CASE APLICABLE LAW
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EXAMPLES OF APPLICABLE SUBSTANTIAL INTERNATIONAL
LAW

• UNITED NATIONs 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 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)

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EXAMPLES OF APPLICABLE SUBSTANTIAL INTERNATIONAL
LAW

• COUNCIL OF EUROPE Convention on Action against
  Trafficking in Human Beings 197/2005
• 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

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EXAMPLES OF APPLICABLE SUBSTANTIAL INTERNATIONAL
LAW

• EUROPEAN 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 2007setting
  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

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PROCEDURAL INTERNATIONAL LAW TRADITIONAL
MECHANISM

• EXTRADITION
• 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
• Council of Europe Convention on Mutual Legal
  Assistance in Criminal Matters OF 1959 and its
  Protocols 1978 and 2001
• ENFORCEMENT OF CRIMINAL JUDGEMENTS
• Council of Europe Convention on the Transfer Of
  Sentenced Persons, 1983.
• Council of Europe Convention On The Validity Of
  Criminal Judgements, 1990

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SOLUTIONS AT EUROPEAN UNION LEVEL

• Schengen Convention 1998 Complementing The EC
  on MLA, on a voluntary basis
• The Convention of 2000 on Mutual Legal
  Assistance In Criminal Matters between EU Member
  States and its Protocol of 2001
• Framework decision of 13 June 2002 on Joint
  Investigation Teams (2002/465/RIF)
• The Framework Council Decision on the European
  Arrest Warrant And The Procedure Of Surrender
  Between The EU Member States Of 13 June 2002

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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

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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)

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SEE GENERAL PROSECUTORS 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.

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Proposal to initiate SEE Prosecutors Generals
Forum

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

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SEE Prosecutors Generals 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

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SEE Prosecutors Generals 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.