LEA at eu levels
15 important questions on LEA at eu levels
How did judical cooperation first start?
What are the advantages and drawbacks of judical cooperation?
Drawbacks: negotiating is very difficult with that many partners, red tape, paperwork that you have without treaties etc. geometrie variable: depending subject diffrent maps of europe
What is the history of interpol?
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What are the three functions of europol?
- analysis
- support
- elo’s
Transformation into eu agency
intergovernmental± own budget, board, staff, regulations etc separate.
What are europol offenceS?
What is Europol since 2013, how does this work with lialison officiers?
What are the task of eurojust?
art.2 tasks
ej doesnt meddle in national affairs, national affairs should be handled by national authorities, subsidiarity principle. they get info from ms and europol. some countries use allot of police cooperation and in other states it is judicial. it has to do with diffrence national structures. they also facilitate cooperation, they are like a helpdeks but they also call you about problems.
What does art.86TFEU (1) says about financial interest of the union?
crimes affecting the financial interest of the union, may establish, doensnt have to. it needs to be unanimity for a regulation. there is no unanimity so they went ahead with a smaller group in 2 eppo is named. the regulations will give general rules, wth rules of procedure.
EU convention of mutual assistence ECMA
it is not a prime instrument but an instrument for greater unity and complement extradition.
Then there was a debate between mutual assistant and traditional assisnten, this is the formal stage with judges etc in investigation.
general principle is clear: widest form of assistent we are sovereign and depend on each other and we help each other. military was excluded. in the 1950’s it was very important. you have to check documents when it can be refused.
What are some areas that are excluded in the eu convention on mutual assistence
What is the main instrument of mutual cooperation?
it just a formal request it is no order. it is a request of records or documents, oaths, copies, timing execution, presence investigators requesting state if consent request state.
What are the crime areas Europo?
•Original crime areas: Terrorism, drug trafficking, trafficking in human beings, illegal immigrant smuggling, motor vehicle crime, counterfeiting, trafficking in nuclear materials
•Money laundering if related to these offences
•Now: organised crime, terrorism and other forms of serious crime as listed in the Annex
What is the new eurojust regulation 2018?
Data exchange with MS and other institutions
Democratic Control European and national parliaments
Relationship with future EPPO
Drawbacks eu convention mutual assisentance
-using it for another law
- always reservations.
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