European Criminal Justice - EJTN

More documents

Recommendations

Info

EJTN training guideline in European Criminal Justice - Update 2011The forum meets four times per year in Brussels. Subgroups were built to discussspecific issues in a more in-depth manner.See:http://ec.europa.eu/justice_home/news/information_dossiers/justice_forum/index_en.htmTraining contentThe multi-annual programmes provide for the key topics that the EU will addressin the area of justice and home affairs in the respective periods. The programmesserve as guidelines for evolving and forthcoming measures to be expected in thisfield and therefore, potential topics for training can already be assessed.Furthermore, the development and content of the programmes serve asimportant background knowledge to better understand the developing area offreedom, security and justice.2. Instruments and case lawa) The EU Internal Security Strategy in Action: Five steps towards amore secure Europe (22.11.2010; COM(2010) 673 final)b) Action Plan Implementing the Stockholm Programme; Brussels,20.4.2010; COM(2010) 171 finalc) The Stockholm Programme - An open and secure Europe servingand protecting citizens ( OJ C 115 4/5/2010 P.1)d) JHA Trio Presidency Programme January 2010 - June 2011 (5008/10,4/1/2010)e) The Hague Programme: Strengthening Freedom, Security andJustice in the European Union (OJ C53/01, 3.3.2005)1. Communication from the Commission to the Council, theEuropean Parliament, the European Economic and SocialCommittee and the Committee of the Regions Justice, Freedomand Security in Europe since 2005: An evaluation of The Hagueprogramme and action plan Brussels, (COM(2009) 263 final;10.6.2009)2. Communication from the Commission to the Council and theEuropean Parliament: Report on Implementation of the HagueProgramme for 2007 (2.7.2008; COM(2008) 373 final)3. Communication from the Commission to the Council and theEuropean Parliament: Report on the implementation of TheHague programme for 2006 (COM(2007) 373 final; 3.7.2007)4. Council and Commission Action Plan implementing the HagueProgramme on strengthening freedom, security and justice in theEuropean Union (OJ C 198; 12/8/2005)5. The Hague Programme: strengthening freedom, security andjustice in the European Union (16054/04; 13 December 2004)f) Tampere European Council 15 and 16 October 1999 – PresidencyConclusionsg) Communication from the Commission to the Council and theEuropean Parliament – Area of Freedom, Security and Justice:23
EJTN training guideline in European Criminal Justice - Update 2011Assessment of the Tampere programme and future orientations,(COM(2004) 4002 final; 2.6.2004)IV. Surrender of personsIV.1. Extradition1. IntroductionExtradition in Europe has been primarily shaped by the Council of Europe’sConvention on Extradition of 1957 which served as the ‘mother convention’ formost other European laws on extradition. This European Convention forExtradition provides for extradition of persons being requested either to standtrial or serve a sentence of imprisonment in a foreign country. The Conventiondoes not apply to political or military offences and any Party may refuse toextradite its own nationals to a foreign country. With regard to fiscal offences,extradition may only be granted if the parties have so decided in respect of anysuch offence or category of offence. The first additional Protocol to theConvention of 1975 excludes war crimes and crimes against humanity from thecategory of non-extraditable political offences. It also specifies certain cases inwhich extradition may be refused on the ground that the person charged withthe offence has already been tried. The second additional Protocol is designed tofacilitate the application of the Convention, in particular to include fiscaloffences among the category of extraditable offences. The Protocol alsocontains additional provisions on judgments in absentia and amnesty. InNovember 2010, the Third Additional Protocol to the European Convention onExtradition was signed introducing a simplified procedure for extradition.Two other Conventions have been signed in the EU framework regardingextradition – the 1995 Convention on the Simplified Extradition Procedure andthe 1996 Convention related to Extradition. However, none of them is in forcenowadays due to the introduction, in 2004, of the mechanism of the EuropeanArrest Warrant, valid throughout the European Union, which has replaced theextradition procedure between EU-Member states (see below). Nevertheless, theCouncil of Europe’s as well as the EU’s Conventions on extradition still play animportant role not only as important background documents to betterunderstand the EAW but also, and mainly, because the former remain being thein-force legal basis for extradition between the EU and Council of Europe’s non-EU member states.Finally, considerable new developments have been achieved at the end of 2009with the conclusion of a new agreement on extradition between the EuropeanUnion and the United States of America.Training contentTraining on extradition should cover the following issues:1. Definition and historical evolution24
Page 1 and 2: EuropeanCriminal JusticeTrainingGui
Page 3 and 4: EJTN training guideline in European
Page 23: EJTN training guideline in European
Page 75 and 76:
EJTN training guideline in European
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
show all

European Criminal Justice - EJTN

Create successful ePaper yourself

Delete template?

Save as template?