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Eucrim 2016 / 2 the EUROPEAN CRIMINAL LAW ASSOCIATIONS‘ FORUM

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Eucrim 2016 / 2 the EUROPEAN CRIMINAL LAW ASSOCIATIONS‘ FORUM eucrim 2016 / 2 THE EUROPEAN CRIMINAL LAW ASSOCIATIONS‘ FORUM Focus: The Costs of Non-Europe Dossier particulier: Les coûts de la non-Europe Schwerpunktthema: Kosten des Verzichts auf EU-politisches Handeln Guest Editorial Félix Braz A Europe of Costs and Values in the Criminal Justice Area Claude Moraes Measuring the Added Value of EU Criminal Law Dr. Wouter van Ballegooij The European Public Prosecutor’s Office as a Guardian of the European Taxpayers’ Money Věra Jourová No Added Value of the EPPO? The Current Dutch Approach mr. dr. Jaap van der Hulst L’Europe à la poursuite des droits fondamentaux Bertrand Favreau The Directive on Procedural Safeguards for Children who Are Suspects or Accused Persons in Criminal Proceedings Steven Cras 2016 / 2 ISSUE / ÉDITION / AUSGABE The Associations for European Criminal Law and the Protection of Financial Interests of the EU is a network of academics and practitioners. The aim of this cooperation is to develop a European criminal law which both respects civil liberties and at the same time protects European citizens and the European institutions effectively. Joint seminars, joint research projects and annual meetings of the associations’ presidents are organised to achieve this aim. Contents News* Articles European Union The Costs of Non-Europe Foundations Cooperation 87 A Europe of Costs and Values in 66 Charter of Fundamental Rights 80 European Arrest Warrant the Criminal Justice Area 67 Schengen 80 Criminal Records Claude Moraes 81 E-Justice 81 Law Enforcement Cooperation 90 Measuring the Added Value of EU Institutions Criminal Law 67 Council Dr. Wouter van Ballegooij 67 OLAF 68 Europol 94 The Cost(s) of Non-Europe in the Area 70 Eurojust of Freedom, Security and Justice. The 70 European Judicial Network European Public Prosecutor’s Office as (EJN) a Guardian of the European Taxpayers’ 70 Frontex Money 72 Defence Lawyers’ Networks Council of Europe Věra Jourová 99 No Added Value of the EPPO? Specific Areas of Crime / Foundations The Current Dutch Approach Substantive Criminal Law 82 Reform of the European Court mr. dr. Jaap van der Hulst 72 Protection of Financial Interests of Human Rights 73 Money Laundering 82 Other Human Rights Issues 104 L’Europe à la poursuite des droits 74 Tax Evasion fondamentaux 74 Counterfeiting & Piracy Bertrand Favreau 74 Organised Crime Specific Areas of Crime 75 Cybercrime 82 Corruption 109 The Directive on Procedural Safeguards 75 Trafficking Human Beings 83 Money Laundering for Children who Are Suspects or Accused 76 Racism and Xenophobia 84 Counterfeiting Persons in Criminal Proceedings. Genesis and Descriptive Comments Relating to Selected Articles Procedural Criminal Law Procedural Criminal Law Steven Cras 76 Procedural Safeguards 78 Data Protection 79 Ne bis in idem 79 Victim Protection Imprint * News contain internet links referring to more detailed information. These links can be easily accessed either by clicking on the respective ID-number of the desired link in the online-journal or – for print version readers – by accessing our webpage www.mpicc.de/eucrim/search.php and then entering the ID-number of the link in the search form. Guest Editorial Dear Readers, The notion of the “cost of non-Europe” was introduced by the aspect of the cost of Michel Albert and James Ball in a 1983 report that had been non-Europe more sys- commissioned by the European Parliament. The notion was tematically into initia- also a central element of the report by Paolo Cecchini who tives in the field of “jus- contributed to shaping the progressive establishment of a Eu- tice and home affairs”. ropean single market by the end of December 1992. An interesting example eu2015lu.eu / Luc Deflorenne The method consists of estimating common economic costs is the establishment of a © in the absence of measures at the European level within a par- European Public Prose- ticular domain. It highlights the gain of efficiency that derives cutor’s Office. This new from the concrete and effective implementation of a policy as judicial body of the Un- defined in the primary law of the European Union. Whereas, in ion would investigate, the past, public debate has focused on the “cost of Europe” and prosecute, and bring to on the need for more political action to reduce the unnecessary judgment the perpetra- Félix Braz administrative burdens that Union law can create, the topic of tors of offences affect- the “cost of non-Europe” is now experiencing a resurgence. ing the Union’s financial interests. It is essential that the funds This is a logical development in a period in which the Mem- of the EU budget that serve to support policies and European ber States of the European Union are facing major challenges programmes, are correctly used in order to prevent any fraud. – challenges that more than ever require concerted, coherent, The establishment of a coherent European system for the in- and common responses. vestigation and prosecution of these offences will also signifi- cantly contribute to combating corruption. The recent adoption of the better law-making agreement be- tween the European Parliament, the Council of the European By ensuring greater efficiency in investigating and prosecuting Union, and the European Commission confirms this trend. these offences, the future European Public Prosecutor’s Office This agreement, which was negotiated and finalised under the will, at the same time, increase the number of prosecutions; this Luxembourg Presidency of the Council, sets the guiding prin- will lead to more convictions and a more significant recovery ciples for the three institutions when they legislate. It stipu- rate of fraudulently obtained funds. In parallel, the deterrent ef- lates that an assessment of the “cost of non-Europe” in the fect on committing these offences will have consequences for a absence of action at the Union level should be fully taken into reduction of the costs linked to corruption and fraud. account when setting the legislative agenda. Impact assess- ments, which accompany specific legislative proposals, must The European Public Prosecutor’s Office remains a political also address the “cost of non-Europe.” flagship project for the development of a European judicial area. It will render European justice more efficient and reduce This approach, which was initially applied to policies that deal the overall costs that are caused by corruption and fraud in the directly with the integration of the internal market, is transfer- European Union. able to the area of freedom, security and justice. The added value of a European judicial area cannot be measured exclu- Although quantification of the “cost of non-Europe” is not sively in terms of the quantification of economic costs that always easy, it is crucial to incorporate this aspect into our are generated by the absence of judicial cooperation. Other analyses. Consideration of this factor will contribute to better factors must also be considered: the quality of justice, better explaining the added value of action at the European level. efficiency of procedures, the concretisation of a fundamental right in the Charter of Fundamental Rights of the EU, such as Félix Braz the protection of personal data. We must, however, integrate Luxembourg Minister of Justice eucrim 2 / 2016 | 65 News Actualités / Kurzmeldungen presented its perspective on the situa- tion of fundamental rights in the EU. The chapters in its report summarise and ana- lyse the main developments from January to December 2015 in the following areas: The EU Charter of Fundamental Rights and its use by Member States; Equality and non-discrimination; European Union* Racism, xenophobia, and related in- Reported by Thomas Wahl (TW) and Cornelia Riehle (CR) tolerance; Roma integration; Information society, privacy, and data protection; the Charter in the EU’s external action Rights of the child; Foundations (e.g., EU-US Data Protection “Umbrella Access to justice, including the rights Agreement”, Commission Guidelines on of victims of crime. Charter of Fundamental Rights the analysis of human rights impacts in Each chapter concludes with opin- trade-related impact assessments). ions of the FRA in the respective funda- Commission Report on Application Provision of examples of how the CFR mental rights fields that were launched of CFR in 2015 was applied in and by Member States in 2015. The focus section of the FRA The Commission’s 6th annual report when implementing Union law and pres- report illustrates various fundamental reviews how the EU and its Member entation of main (CJEU and national) case rights challenges in the context of asy- States applied the EU Charter of Funda- law developments. lum and migration. (TW) mental Rights (CFR) in 2015. The main A focus section reports on the first An- eucrim ID=1602002 items of the report, which was presented nual Colloquium on Fundamental Rights on 19 May 2016, are: on “Tolerance and respect: preventing and Council Reflections on EU Fundamental Note on the legislative projects pro- combating antisemitic and anti-Muslim Rights in 2015 moting fundamental rights, such as the hatred in Europe”, which took place in Taking into account the above-men- data protection reform package, the October 2015. tioned reports of the Commission and Directives on the presumption of inno- With the presentation of the 2015 annu- the EU Agency for Fundamental Rights, cence and the right to be present at trial al report, the Commission also launched a the Council adopted conclusions on the and on special safeguards for children in public consultation in view of the prepa- application of the CFR in 2015. The criminal proceedings, and the Victims’ ration of the second Annual Colloquium Council emphasised the importance of Rights Directive. on “Media Pluralism and Democracy”, awareness-raising, training, and best Overview of the instances in which which will be held in Brussels on 17 and practice sharing with regard to the appli- European institutions took into account 18 November 2016.
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