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Editorial Guest Editorial

1 January 2009 // english

Dear Reader, It is a pleasure for me to address the readership of the eucrim journal. This issue is focusing on evidence gathering and JITs (Joint Investigation Teams), a relatively new judicial cooperation instrument and a tool which will help us put many criminals behind bars. Cooperation is the key word in Europol’s activities. As one of several institutions fighting international crime within and beyond the borders of the EU, Europol is committed to working together with other law enforcement agencies in a spirit of mutual support and shared responsibility.Europol’s main goal in the coming years will be to use… Read more

 José Luís Lopes da Mota José Luís Lopes da Mota

Eurojust and its role in Joint Investigation Teams

1 January 2009 // english

Joint Investigation Teams (JITs) have come a long way since they were envisioned almost a decade ago, and put within theoretical reach by the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union.1 It is fair to say that they have evolved from an idea, viewed initially with a degree of skepticism by practitioners across the Member States, and are now used more frequently to enable faster and broader investigations. Naturally, there have been challenges along the way, and unfortunately often news of these challenges, rather than news of the… Read more

Dr. Joaquín González-Herrero González Dr. Joaquín González-Herrero González /  Maria Madalina Butincu Maria Madalina Butincu

The Collection of Evidence by OLAF and its Transmission to the National Judicial Authorities

1 January 2009 // english

I. Introduction Established by Decision 1999/352 (EC, ECSC, Euratom) of the European Commission in order to strengthen the means of fraud prevention, the European Anti-Fraud Office (OLAF) has been given the responsibility of conducting administrative anti-fraud investigations. The purpose of investigations is to collect the evidence needed to identify the facts so as to verify whether an irregularity, fraud, corruption or serious misconduct detrimental to the EU's financial interests has occurred. The aim of this essay is to offer an overview of the OLAF mechanism of collecting evidences and forwarding them to the prosecuting and investigative authorities of Member States… Read more

 Stefan de Moor Stefan de Moor

The Difficulties of Joint Investigation Teams and the Possible Role of OLAF

1 January 2009 // english

Difficulties in Setting Up Joint Investigation Teams The concept of joint investigation teams, as introduced by Article 13 of the EU Convention on Mutual Assistance in Criminal Matters of 29 May 20001 (“the Convention”), was not entirely new.2 In essence, it allows information gathered by investigators from different EU Member States to be exchanged without making use of a mutual legal assistance request.3 Nevertheless, nine years later, and after the entering into force of this Convention in most Member States, most practitioners lack practical experience and even knowledge of this tool. The lack of joint investigation teams (“JITs”) being set… Read more

Editorial Editorial first eucrim issue 1-2/2006 From Agon to eucrim

15 September 2006 // english

I. Developing new visions and models for the cooperation and integration of the national European criminal law systems in the supra-national European context is one of the most challenging tasks for criminal lawyers in the 21st century. This new challenge is caused by the fact that European integration not only fosters the coalescence of European citizens and economies, but also an increase in trans-national crime. In a close economic community, it is no longer possible to deal with such phenomena of trans-national crime using traditional national criminal law systems, based on judicial decisions which are principally limited to national territory… Read more