European Criminal Justice - EJTN

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EJTN training guideline in European Criminal Justice - Update 2011b. Case law1. C-306/09 I.B.2. C-261/09 Mantello3. C-83/08 Leymann and Pustovarov (Art 27 para 2 EAW FD; scope of thespeciality rule)4. C-296/08 Goicoechea (Art. 31 and 32 EAW FD; relationship betweenEAW and 1996 Extradition Convention)5. C-123/08 - Wolzenburg - Ruling of 6 October 2009 - Optional nonexecutionof an EAW - interpretation of Article 4(6)6. C-66/08 Szymon Kozlowski (Art. 4 No. 6 of the EAW FD; definition of‘staying’ and ‘resident’)7. C-303/05 Wereld/Ministerraad, Judgment of the Court of 3 May 20078. Irish Supreme Court, Judgment of 23.7.20109. German Oberlandesgericht, Judgement EAW, 25.2.201010. Czech Constitutional Court, Judgement EAW, 03.05.2006(http://www.eurowarrant.net)11. Cypriot Constitutional Court, Judgement EAW, 07.11.2005 (Council doc14281/05)12. P 1/05 (judgment), Polish Constitutional Court, EAW, 27.04.200513. German Federal Constitutional Court, Judgement EAW, BverfG, 2 BvR2236/04, 18.07.200514. Tribunale di Bolzano, Sezione per il riesame, Ordinanza 28 luglio 2005Nr. 44/05 Reg. Riesami3. TrainersTrainers recommended for the EAW are EU exerts and national practitioners.4. TraineesThe issue of the EAW is especially recommended for senior judges andprosecutors.5. MethodologyA) Training methodBeing the first instrument of mutual recognition in the EU to come into force,the EAW is not only a new phenomenon in the judicial landscape but will alsoform the pattern for potential further instruments to come, such as, e.g., theEuropean Evidence Warrant. The EAW should be part of basic seminars onEuropean criminal justice and especially on extradition.Particular attention, however, should be paid to specialised seminars orworkshops on the EAW.B) Complementary e-learningTraining on this legal instrument can be completed by e-learning.C) PriorityTraining on the EAW should be given top priority.Training on this topic has been selected to form part of a common nationaltraining curriculum in European criminal justice by the participating trainers of29
EJTN training guideline in European Criminal Justice - Update 2011the joint Workshop 'A joint frame for European criminal justice training in theEU'.D) FormatThe training format recommended includes national, trans-national and EU-widetraining.V. Mutual Legal AssistanceThe following Sub-Chapter on mutual legal assistance will deal with the legalinstruments that have been initially set up within the framework of the Councilof Europe. Some of their rules have been afterwards either completed orreplaced by EU instruments. Therefore, to understand the background of manyof the EU instruments as well as to complete the knowledge of the regulationsapplicable to mutual legal assistance within the EU, it is important to raise theawareness and legal knowledge of both the Council of Europe and EUinstruments.The first and major instrument for mutual legal assistance in criminal matters atEuropean level was created in 1959 and since then amended twice by twoadditional Protocols. Under this Convention, parties agree to afford each otherthe widest measure of mutual assistance with a view to gathering evidence,hearing witnesses, experts and prosecuted persons, etc. The Convention sets outrules for the enforcement of letters rogatory by the authorities of a party(‘Requested Party’) which aim to procure evidence (hearing of witnesses, expertsand prosecuted persons, service of writs and records of judicial verdicts) or tocommunicate the evidence (records or documents) in criminal proceedingsundertaken by the judicial authorities of another party (‘Requesting Party’). TheConvention also specifies the requirements that requests for mutual legalassistance and letters rogatory have to meet (transmitting authorities,languages, grounds for refusal).The first additional Protocol to the Convention completes the convention bywithdrawing the possibility to refuse assistance solely on the grounds that therequest concerns an offence which the requested party considers a fiscal offence.It extends international cooperation to the service of documents concerning theenforcement of a sentence and similar measures. Thirdly, it adds provisionsrelating to the exchange of information on judicial recordsThe second additional Protocol, dated of 2001, modernises the provisions of theConvention by extending the range of circumstances under which mutual legalassistance may be requested, facilitating assistance and making it quicker andmore flexible. Thus, it parallels completely the Convention of 29 May 2000 inMLA in Criminal Matters between the member states of the EU and in otherprovisions follows the Schengen Convention of 14 June 1990.The Third Additional Protocol to the European Convention on Extradition wassigned in November 2010 introducing a simplified procedure for extradition.30
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European Criminal Justice - EJTN

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