Tackling Cross-Border Crime:
Harmonising European Standards in Criminal Proceedings

Key Speakers

Ms Anne-Marie Smit, Judge at the Court of Appeal in Den Bosch in the Netherlands, Assistant to the Dutch Desk, Eurojust
Prof. Dr. Holger Matt, Specialist Lawyer in Criminal Law; Chairman, European Criminal Bar Association
Prof. Dr. Jaroslav Ivor, PhD, Dean, Faculty of Law, Bratislava School of Law; Chairman, Society for Penal Law and Criminology, Slovakia
Prof. Per Ole Träskman, Professor in Criminal Justice, Lund University, Sweden
Mr. Willy Bruggeman PhD, Professor at the Benelux University Centre; Chair of the Belgian Federal Police Board

In its attempt to foster closer cooperation in criminal investigations, the European Commission initiated several documents which tackle issues related to obtaining evidence in criminal matters and fostering protection of persons in criminal proceedings. As a cornerstone of judicial cooperation in Europe, mutual recognition of judicial decisions, judgements, pre-trial orders and approximation of legislation should be put at the forefront of the European agenda. In this regard, the question of minimum standards in criminal proceedings is pivotal for the success of the process of cross-border cooperation in Europe.

Obtaining evidence in cross-border criminal cases can be done in two ways: through mutual assistance and through mutual recognition. Over the years, several legal acts have been introduced in those areas which facilitate cross-border cooperation, such as the European Convention on mutual assistance in criminal matters, the Schengen Agreement, Convention on mutual assistance in criminal matters with its Protocols; and when it comes to mutual recognition, this is facilitated by the Framework Decision on the European Evidence Warrant.

Defining minimum or common standards in these areas will contribute to better cross-border collaboration between police and judicial authorities. These standards will help to provide coherent measures against cross-border criminality in Europe, safeguard the right of a fair trial, guarantee the high level of safety for European citizens and create easier access to legal advice in another Member State. A key development in moving towards this process was represented by the European Union standards for the protection of procedural rights.

The Centre for Parliamentary Studies welcomes the participation of all key partners, responsible authorities and stakeholders. The Symposium will support the exchange of ideas and encourage delegates to engage in thought-provoking topical debate, providing recommendations for future policy actions at regional level.

Programme

09:00 Registration and Morning Refreshments
10:00 Chair’s Welcome and Opening Remarks

Mr. Scott Crosby, Kemmler Rapp Böhlke & Crosby, Brussels (confirmed)
10:10 Introduction of Participants
10:20 Session One:
Tackling Cross-Border Crime – Safeguarding the Rights of EU Citizens and Ensuring Fairness in Criminal Investigation
  • Criminal Investigation Challenges – Fostering Closer Cooperation between Member States
  • Fairness of Criminal Proceedings
  • Protection of Procedural Rights
  • Access to Information in Third Countries – Good Practices
  • Overcoming Language Barriers During Investigations
  • Creating Specific Measures on Procedural Rights in Europe
  • Mutual Recognition of Judicial Decisions – Challenges Ahead
  • Recommendations for Further Actions
Speakers:
Prof. Dr. Holger Matt, Specialist Lawyer in Criminal Law; Chairman, European Criminal Bar Association (ECBA) (confirmed)
Prof. Dr. Jaroslav Ivor, PhD., Dean, Faculty of Law, Bratislava School of Law; Chairman, Society for Penal Law and Criminology, Slovakia (confirmed)
11:20 Morning Coffee Break
11:40 First Round of Discussions
12:20 Networking Lunch
13:20 Session Two:
Raising the Bar – Improving Criminal Proceedings through a New European Crime Prevention Strategy?
  • EU Recent Activities in the Field – Good Practices
  • Minimum Principles of Facilitating Mutual Admissibility of Evidence
  • Obtaining Evidence in Criminal Matters – Existing Instruments in Europe
  • Mutual Assistance and Recognition – Good Practices
  • Setting Common Standards For Gathering Evidence
  • Towards a Single Instrument for Mutual Recognitions – Existing Challenges
  • Lessons Learned from Strasbourg Proof
Defining Specific Rights of Persons in Criminal Proceedings
  • Existing Definition Challenges
  • Access to Legal Aid and Advice in Europe – Creating Integrated Approaches
  • Recommendations for Future Actions
Speakers:
Mrs. Jodie Blackstock, Barrister and Senior Legal Officer (EU Justice and Home Affairs), Justice UK (confirmed)
Prof. Per Ole Träskman, Professor in Criminal Justice, Lund University, Sweden (confirmed)
14:00 Second Round of Discussions
14:40 Afternoon Coffee Break
15:00 Session Three:
Facilitating Criminal Prosecutions through Better Police Cooperation and Procedures
  • Comparative Experience in Different Member States – Good Examples of Cross-Border Police Cooperation
  • Towards a Common Methodology for Effective Cooperation in Criminal Proceedings
  • Lessons Learned and Best Practices from Different Initiatives at Regional Level
Speakers:
Mr. Willy Bruggeman PhD, Professor at the Benelux University Centre; Chair of the Belgian Federal Police Board (confirmed)
Ms Anne-Marie Smit, Judge at the Court of Appeal in Den Bosch in the Netherlands, Assistant to the Dutch Desk, Eurojust (confirmed)
15:50 Third Round of Discussions
16:20 Chair’s Summary and Closing Remarks
16:30 Networking Reception and Refreshments
CPS logo

Event Brochure

click here to download brochure

Hotel Accommodation

Public Policy Exchange are pleased to offer a discounted rate at the Silken Hotel Brussels for delegates attending this event. Simply book a delegate place and a we will email you a discount code alongside your confirmation.

News

03
Huhne resigns over points charge
Chris Huhne vows to clear his name as he resigns as energy secretary to fight a charge of perverting the course of justice relating to a 2003 speeding case. More
03
Ed Davey is new energy secretary
Lib Dem minister Ed Davey is named the new energy and climate change secretary following Chris Huhne's resignation, while Norman Lamb takes over his role as business minister. More
04
High Streets bid for £1m funding
The government is looking for 12 run down High Streets in England to share £1m as a part of plans proposed by TV retail guru Mary Portas. More
26th October 2010
Silken Hotel, Brussels

how to get to the venue


Register your place

“ However, the removal of internal borders and the increasing exercise of the rights to freedom of movement and residence has as an inevitable consequence that cross-border criminality in the European Union is continually growing and that an increasing number of people are becoming involved in criminal proceedings in a Member State other that that of their residence. In those situations, the procedural rights of suspected and accused persons become particularly important in order to safeguard the right to a fair trial. ”
– Roadmap with a view to fostering protection of suspected and accused persons in criminal proceedings, Council of the European Union, 1 July 2009
“ In the face of cross-border crime, more efforts should be made to make judicial cooperation more efficient.

Mutual recognition could extend to all types of judgments and decisions of a judicial nature, which may, depending on the legal system, be either criminal or administrative ”
– The Stockholm Programme
“ The Commission Communication ‘An area of freedom, security and justice serving the citizen’ foresees inter alia the establishment of a comprehensive system for obtaining evidence in cross-border cases. According to the Communication, this would require the replacement of the existing legal instruments in this area by a new single instrument. This instrument would be automatically recognised and applicable throughout the EU, thereby encouraging prompt and flexible cooperation between the Member States. It would also lay down deadlines for enforcement and limit as far as possible the grounds for refusal. This instrument could include rules on electronic evidence and a European order for bringing persons to court that takes account of the opportunities offered by videoconferences. In addition, minimum principles to facilitate the mutual admissibility of evidence between Member States, including scientific evidence, could be provided for. ”
– Green Paper on obtaining evidence in criminal matters from one Member State to another and securing its admissibility, COM(2009)624 final