Dear Readers, Cross-border cooperation between prosecuting authorities in Europe can still be a challenging effort in 2019. Within the EU, in spite of the many improved tools available to prosecutors, such as the European Investigation Order, cooperation is still very much a matter of the willingness and readiness of the requested country to cooperate and of the allocation of resources. In fact, the EU’s legal framework in this field is still based on the decision of the requested (judicial or prosecuting) authority to execute the requested activity, even when fundamental rights are not at stake. The basics of the legal… Read more

Dear Readers, Developing criminal law and judicial cooperation in criminal matters has been a key component of Union policies for the last 20 years. The Union’s common area of freedom, security and justice (AFSJ) provides citizens and companies with both security and rights, in particular by ensuring an ever-increasing coordination between judicial authorities, the progressive mutual recognition of judgments and judicial decisions in criminal matters, and the necessary approximation of criminal laws. Soon, Union institutions must take stock of what has been achieved and what remains to be done. Our future priorities must follow the wake of our achievements but... Read more

Twenty years have passed since the EU heads of state and government came together in Tampere and agreed that the principle of mutual recognition should become the cornerstone of judicial cooperation in criminal matters between the EU Member States. This was followed by the adoption of an ambitious list of mutual recognition instruments for the pre-trial, trial, and post-trial phases, which all reflect the same basic notions: direct contact between judicial authorities, uniform templates, short deadlines, a duty to recognise and execute (subject to limited grounds for refusal), and a presumption of mutual trust.

Dear Readers, Police work and the administration of justice in general would be impossible without the exchange of personal information. As a member of the Italian judiciary, I can personally attest to this. At the same time, when applying and enforcing the law, judges and the police must themselves operate within the law, including the law of data protection. Until last year, there was no general EU standard on how data should be processed for judicial and law enforcement purposes. The new “Police Directive” (Directive (EU) 2016/680) now fills that void. Though not directly applicable, like its more glamorous counterpart... Read more

Many recent scandals, such as Dieselgate, Luxleaks, the Panama Papers, and Cambridge Analytica, might never have come to light if “insiders” had not had the courage to speak up about wrongdoing occurring in their workplaces. These are only a few examples of how whistleblowers help detect, investigate, and remedy violations of law that can seriously damage the public interest and the welfare of our citizens and societies. Those who help uncover illegal activities should not have to suffer any personal or professional disadvantages or even be punished because of their actions. With its proposal of 23 April 2018 for a “Directive on the protection of persons reporting on breaches of Union law”, the Commission sets out a much needed legal framework for robust protection of whistleblowers across the EU.

Almost a year has passed since the entry into force of Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (EPPO). Activities aimed at setting up this new important European body are in full swing.
The creation of a strong, efficient, and independent EPPO, which will be able to rapidly carry out its investigative functions, represents a priority for the European Commission and, in particular, for the European Anti-Fraud Office (OLAF), which I have the honour of directing since August 2018.
Setting up the EPPO is a complex task, which requires the contribution of many actors. The Commission has already put a number of steps in place, and many more are being prepared. The Commission is however not alone in this process: Member States participating in the EPPO are called on to ensure that the EPPO operates smoothly and effectively in their legal and judicial … Read more