the great british opt-out - The European Criminal Law Association UK

Report
THE GREAT BRITISH OPT-OUT
Aled Williams
1
08/04/2015
Eurojust
2

TFEU Article 85.1: “to support and strengthen coordination
and cooperation between national investigating and
prosecuting authorities” re
– Serious crime affecting 2 or more MS
– Requiring a prosecution on common bases

220 EU staff; 50 MS staff; 32m euro budget

200 coordination cases per year. (UK 50+)
08/04/2015
What might we gain?

Opportunity to renegotiate?

Avoid “federalist tendencies” ?
–
–
3
CJEU jurisdiction
infringement procedures
08/04/2015
What might we lose (re Eurojust)?
4

Emphasis on co-ordination and cooperation

Effective fight against delay

Alternative to EPPO
08/04/2015
Coordination and cooperation

200 Coordination meetings p.a.
–
–

JITs
–
–

5
UK in 50+; cost
Who prosecutes; disclosure obligations;
coordination of searches and arrests
Eurojust Decision 9f
26 UK funding applications to Eurojust in 2011
7 Coordination centres in 2011; UK in 3
08/04/2015
Effective fight against delay
6

Coordination

“Save the day” cases

EAWs
08/04/2015
Eurojust as alternative to EPPO?

TFEU Article 86.1
–

European Union Act 2011 s.6(5)(c)
referendum and Act necessary re
–
7
“may establish European Public Prosecutor’s
Office from Eurojust”
“a decision under Article 86(1) of TFEU involving
participation by the United Kingdom in a
European Public Prosecutor's Office; “
08/04/2015
Eurojust as alternative to EPPO?

TFEU Art 85.1 regulations re tasks including
–
–

8
initiation of criminal investigations
proposing the initiation of prosecutions by
competent national authorities, particularly those
relating to offences against the financial interests
of the Union
Art. 85.2:..”formal acts of judicial procedure
shall be carried out by the competent
national officials”
08/04/2015
Eurojust as alternative to EPPO?

Current obligation to notify Eurojust National
Member of “fraud affecting the financial
interests of the European Communities”
–

9
Eurojust Decision Art 13.6.(a)(vi)
OLAF – Eurojust cooperation re the
protection of the financial interests of the
European Communities “where the
competent national authorities” agree. 26.4
08/04/2015

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