1 EUROPEAN JUDICIAL NETWORK REGIONAL MEETING on the … › ejnupload › CP... · At the meeting participated 32 romanian representatives: 2 representatives ... police and prosecutors,

This meeting is co-financed by the European Union

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EUROPEAN JUDICIAL NETWORK REGIONAL

MEETING

on the

ROLE OF THE EUROPEAN JUDICIAL NETWORK

CONTACT POINTS IN COMBATING FORMS OF

SERIOUS CRIME. SETTING A GOOD EXAMPLE

- Final Report –

Bucharest, 18.11.2016

Cosmin Daniel Hălălău

Prosecutor, Romania,

Prosecutor’s Office attached to the High Court of Cassation and Justice

(POHCCJ), Directorate for Investigating Organized Crime and

Terrorism (DIICOT), International Cooperation Office


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Table of Content

1. Date ................................................................................................................... 3

2. Meeting venue ................................................................................................... 3

3. Working language ............................................................................................. 3

4. Facilitators......................................................................................................... 3

5. Financing ........................................................................................................... 3

6. Goals ................................................................................................................. 3

7. Resources .......................................................................................................... 4

8. Attendance ........................................................................................................ 5

9. The Event .......................................................................................................... 6

9.1 Prior public information.................................................................................. 6

9.2 Opening session .............................................................................................. 6

9.3 The agenda of the meeting .............................................................................. 7

9.3.1 Panel 1 .......................................................................................................... 7

9.3.2 Panel 2 .......................................................................................................... 8

9.3.3 Panel 3 .......................................................................................................... 9

9.3.4 Panel 4 .......................................................................................................... 9

9.3.5 Panel 5 ........................................................................................................ 10

10. Dissemination of the material ....................................................................... 10

11. Conclusions ................................................................................................... 10

12. Annexes to the report .................................................................................... 12

- Annexe 1 Final Agenda .................................................................................... 13

- Annexe 2 Photos from the event – only for the report’s purposes, not for

publishing in any way; ........................................................................................ 16

- Annexe 3 Press release ..................................................................................... 22

- Annexe 4 List of the participants ..................................................................... 23

- Annexe 5 C.D. containing the presentations .................................................... 25


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1. Date

20-21 October 2016

2. Meeting venue

The Regional Meeting was held at the headquarters of the Directorate for

Investigating Organized Crime and Terrorism (D.I.I.C.O.T.), Bucharest,

Griviţei str. no. 24, sector 1, in the conference room no. 302, 3rd

floor.

3. Working language

The working language of the Meeting was English.

4. Facilitators

The European Judicial Network (EJN) and the Public Ministry of Romania –

Prosecutor’s Office attached to the High Court of Cassation and Justice

(POHCCJ) – Directorate for Investigating Organized Crime and Terrorism

(DIICOT).

5. Financing

The event has received funding from the European Union, via the European

Judicial Network, in proportion of 95% of the total eligible costs.

The remaining 5% of the total eligible costs were funded by the Directorate

for Investigating Organized Crime and Terrorism (DIICOT).

6. Goals

The purpose of this event was to collect relevant legislation and practices

from a large number of participants from different geographical regions and

legal traditions in order to collectively explore the multiple facets of dealing


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with serious crime cases with cross-border dimension, particularly as they

falls in the jurisdiction of both EJN and Eurojust, and to suggest concrete

strategies toward a practical approach to achieving effective results in

investigating and prosecuting these types of offences.

The determination as to whether certain offences fall under the jurisdiction

of the EJN and/or Eurojust is of direct relevance in establishing their

cooperation and coordination in fulfilling their missions.

In addition, the meeting aimed at promoting the EJN operational tools

available to practitioners and in identifying possible new ones.

Further on, aim of this meeting was to set good examples of the most

suitable level of intervention - EJN or Eurojust - in the area of combating

serious crime.

7. Resources

The meeting received funding from the European Union.

A grant agreement was concluded for the partial funding by Eurojust of the

EJN Regional Meeting organised by Romania.

The agreement was registered under the reference number EJU-2016-EJN-

RM-06, and was signed by Eurojust on 23 August 2016, in The Hague, and

by the beneficiary – Directorate for Investigating Organized Crime and

Terrorism (DIICOT), on 26 August 2016, in Bucharest.

The cost of accommodation, catering during coffee breaks and lunch breaks,

domestic transportation, pictures (photos), was covered by the financing

received.

The meeting room was provided by the host institution, Directorate for

Investigating Organized Crime and Terrorism (DIICOT).


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International transportation costs were provided by the institutions sending

the participants from foreign countries.

A financial statement reporting the eligible expenses is attached to this final

report, together with relevant documents which support it.

8. Attendance

The meeting was attended by 47 participants.

The European Judicial Network Secretariat was represented by its Secretary,

Mr. Ola Löfgren and by Mr. Florin Răzvan Radu, Seconded National Expert.

Eurojust was represented by Mrs. Michèle Coninsx, President of the

Colleague of Eurojust and National Member for Belgium; Mrs. Daniela

Buruiană, National Member for Romania and Mrs. Mariana Radu, Seconded

National Expert.

The European Commission, Directorate General for Justice and Consumers,

Unit B.1 – Procedural criminal law was represented by Mrs. Cécile Soriano.

The meeting was attended by Mr. Eric Bisschop and Mr. Geert Schoorens,

representatives of the Federal Prosecutor’s Office in Belgium.

From Italy participated Mr. Roberto Amorosi, prosecutor, EJN contact point.

From France participated Mrs. Mona Popescu Boulin, liaison magistrate in

Romania and the Republic of Moldova.

From Slovakia participated Mrs. Barbara Hudecová, EJN contact point.

From Turkey participated Mrs. Sümeyye Kircali, judge Ministry of Justice,

DG for EU Affairs.

From the Republic of Moldova participated Mr. Denis Rotaru, prosecutor.

From Serbia participated Mrs. Branka Milosavljevic, EJN contact point.


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From Montenegro participated Mr. Veljko Rutović, EJN contact point.

At the meeting participated 32 romanian representatives: 2 representatives

from the Ministry of Justice; 1 prosecutor from the Prosecutor’s Office

attached to the High Court of Cassation and Justice (POHCCJ); 1 prosecutor

from the National Anticorruption Directorate (DNA); 20 prosecutors from

the Directorate for Investigating Organized Crime and Terrorism (DIICOT),

Central Office and Territorial Services in Brasov, Bucharest, Craiova, Pitesti

and Ploiesti; 4 prosecutors from the Prosecutor’s Offices attached to the

Appeal Courts in Brasov, Bucharest, Constanta and Ploiesti and 4 judges

from the Appeal Courts in Bucharest (2), Constanta and Ploiesti.

9. The Event

9.1. Prior public information

A press release was published on the website of the Directorate for

Investigating Organized Crime and Terrorism (DIICOT) on 29th October

2016, informing the public about the event, the entities that facilitated it and

the financing provided by the EU.

The press release could be read using the link:

http://www.diicot.ro/index.php/arhiva/1910-comunicat-de-presa2-19-10-

2016.

9.2. Opening session

Mr. Daniel – Constantin Horodniceanu, the Chief Prosecutor of the

Directorate for Investigating Organized Crime and Terrorism (DIICOT),

opened the meeting. In the opening speech he expressed his gratitude for the

willingness of the participants to attend the reunion. He highlighted the

necessity and importance of the international judicial cooperation nowadays.

http://www.diicot.ro/index.php/arhiva/1910-comunicat-de-presa2-19-10-2016

http://www.diicot.ro/index.php/arhiva/1910-comunicat-de-presa2-19-10-2016


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Mrs. Michèle Coninsx, President of the Colleague of Eurojust and National

Member for Belgium, made a presentation of Eurojust and its role. Mrs.

Coninsx stressed the importance of Eurojust in the fight against serious cross

border crime, especially terrorism, illegal immigrant smuggling, cybercrime.

Mrs. Coninsx also presented the organisational development and outlook.

Mr. Ola Löfgren, Secretary to the European Judicial Network (EJN) made a

presentation of the European Judicial Network and its role. Mr. Löfgren

highlighted the importance of the judicial cooperation between the European

countries and between EJN and its partners (other networks and third

countries) in the successful solving of the criminal cases regarding serous

cross border crime.

9.3. The agenda of the meeting

The final agenda of the meeting was attached to this report, as Annexe 1.

9.3.1 Panel 1

The topic of this panel was “EJN and EUROJUST. Achieving common

objectives. Evidence-gathering in EU cross-border cases. Operational tools.

part one”.

Mrs. Laura Felicia Ceh, prosecutor within the Directorate for Investigating

Organized Crime and Terrorism (DIICOT), EJN contact point, presented the

competences and tasks of the EJN Contact Points; functions of the EJN

contact points. She also spoke about the activity of the European Judicial

Network and the Romanian Judicial Network in criminal matters.

Mr. Eric Bisschop and Mr. Geert Schoorens, representatives of the Federal

Prosecutor’s Office in Belgium presented the way that the Federal

Prosecutor’s Office in Belgium cooperates with the competent judicial

authorities from the foreign countries. He also showed the way that the


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Federal Prosecutor’s Office in Belgium collaborates with the District

Prosecution Offices in Belgium. Were presented the Protocols of Partnership

between the Federal Prosecutor’s Office in Belgium and competent judicial

authorities from Romania, Serbia, Albania, Moldova, Bulgaria, the

Netherlands, Russia and Ukraine. Practical cases showing the cooperation

between the Federal Prosecutor’s Office in Belgium and the Directorate for

Investigating Organized Crime and Terrorism (DIICOT) were presented.

9.3.2 Panel 2

The topic of this panel was “EJN and EUROJUST. Achieving common

objectives. Evidence-gathering in EU cross-border cases. Operational tools.

part two”.

Mrs. Daniela Buruiană, National Member for Romania at Eurojust,

presented the tasks and competences of Eurojust, the operational tools and

priorities and the Romanian example. She showed the limitations on national

police and prosecutors, the cooperation agreements with other organizations

involved in the fight against crime, the cooperation with third states, the

Eurojust National Coordination System. She presented the way the

coordination meetings are held and the way the joint investigation teams are

formed. She also made a comparison between the mutual legal assistance

requests and the joint investigation teams and then presented some practical

cases in which Romania was involved.

Mr. Florin Răzvan Radu, Seconded National Expert to EJN secretariat,

presented the European Judicial Network’s role, structure and operational

tools. He showed the way that the contact points work and practical aspects

about their work. He also presented the EJN website, e-tools and the way

these tools can be used bz the practitioners.


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9.3.3 Panel 3

The topic of this panel was “Evidence-gathering in EU cross-border cases.

European Investigation Order”.

Ms. Cécile Soriano, from the European Commission, Directorate General for

Justice and Consumers, Unit B.1 – Procedural criminal law presented the

concept of the European Investigation Order (EIO), the legal background,

the main objectives of the proposal, the content of the EIO (competent

authorieties, investigative measures, conditions for issuing an EIO), time

limits, grounds for refusal, remedies, specific measures and provisional

measures.

Mrs. Laura Felicia Ceh, prosecutor within the Directorate for Investigating

Organized Crime and Terrorism (DIICOT), EJN contact point, presented the

investigative measures and international judicial cooperation in the

European Union. She presented a brief history of the instruments used in the

field of international judicial cooperation. Then she presented the European

legal instruments for judicial cooperation. Finally she presented the subject

of investigating and gathering evidence in another member state according

to the existing instruments and according to the Directive on the EIO.

9.3.4 Panel 4

The topic of this panel was “Third States. Cooperation through EJN;

Cooperation through Eurojust/EJN”.

Mr. Ola Löfgren, Secretary to the European Judicial Network (EJN)

presented the EJN cooperation with Partners – networks and third countries,

ways of cooperation with other networks, possible new developments. Then

he spoke about the candidate countries, the associated countries, the third

country contact points to the EJN. Finally he presented the EJN partners on

the EJN website.


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Mrs. Florina Silvia Popa, prosecutor within the Directorate for Investigating

Organized Crime and Terrorism (DIICOT), dealing with cybercrimes,

presented the practitioner’s perspective regarding the cooperation through

Eurojust/EJN. First she presented the gradual process of appropriation

regarding the cooperation through Eurojust/EJN, then she presented the

challenges regarding the international judicial cooperation and the

operational tools. She also presented three successful cases of DIICOT,

where international judicial cooperation was decisive to the outcome of the

case.

9.3.5 Panel 5

The topic of this panel was “Setting-up a good example. Case examples”.

The EJN contact points from Romania presented, briefly, examples of

successful cooperation through EJN/Eurojust.

Then the participants presented their conclusions regarding the meeting.

10. Dissemination of the material

Materials promoting EJN were received from the EJN Secretariat and were

distributed to the participants during the meeting.

After the meeting, the slide shows and other connected documents were sent

to the participants by email, in order to disseminate the information among

their colleagues.

11. Conclusions

The event achieved it’s purpose, which was to bring together EJN Contact

Point from European Union (Italy, France, Slovakia, Belgium) and several

third countries as Republic of Moldova, Serbia, Montenegro and Turkey in


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order to explore diverse ways of dealing with serious crime cases with cross

border dimension. Moreover, a practical approach to achieve effective

results in investigating and prosecuting these types of offences, in particular

as they fall in the jurisdiction of EJN and Eurojust.

It was emphasized that the EJN contact points are the links between national

judicial authorities in order to facilitate judicial cooperation in action to

combat forms of serious crime. From this perspective, close and pragmatic

cooperation at institutional and operational level between EJN and Eurojust

is required.

The meeting also turned out to be very useful for the romanian magistrates

because the event was attended by prosecutors and judges from Bucharest,

Constanta, Ploiesti, Craiova, Pitesti, Brasov, and they have learned the role

of EJN in the field of international judicial cooperation in criminal matters

and how it can help them in order to solve their cases. The participants will

disseminate with their colleagues the information learned at the meeting.

During the meeting there were interactions with speakers, questions raised

and debated in plenum.

The information presented at the meeting about EJN, EJN website,

EUROJUST and discussions about practical cases and the new legal

instruments available for judicial cooperation within the EU were well

appreciated, understood and considered ready to be used.

The practitioners were encouraged to contact the EJN’s and EUROJUST’s

members when necessary, to use the technical and legal tools developed and

available for them, to participate to the coordination meetings, all of this in

order to better cooperate with other countries practitioners, and with the final

aim of better fighting against crime.


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12. Annexes to the report

- Annexe 1: Final Agenda

- Annexe 2: Photos from the event – only for the report’s purposes, not for

publishing in any way;

- Annexe 3: Press release

- Annexe 4: List of the participants;

- Annexe 5: C.D. containing the presentations.


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Annexe 1: Final Agenda

20 October 2016

Chair: Ms. Laura-Felicia CEH, prosecutor, Directorate for Investigating

Organized Crime and Terrorism

8:30 – 09:30 Arrival and Registration of the participants

OPENING SESSION

9:30 – 9:40 WELCOMING ADDRESSES

Mr. Daniel-Constantin Horodniceanu, Chief Prosecutor,

Directorate for Investigating Organized Crime and Terrorism

9:40 -10:15 CO-OPERATION AND CO-ORDINATION IN THE FIGHT

AGAINST SERIOUS CROSS-BORDER CRIME

Ms. Michèle Coninsx, President of Eurojust and National

Member for Belgium

Mr. Ola Löfgren, Secretary of the European Judicial Network

Panel 1

EJN and EUROJUST. ACHIEVING COMMON OBJECTIVES.

EVIDENCE-GATHERING IN EU CROSS-BORDER CASES.

OPERATIONAL TOOLS part one

10:15 - 11:15

EJN - Competences and Tasks the EJN Contact Points

Speaker Ms. Laura-Felicia CEH, prosecutor, Directorate for

Investigating Organized Crime and Terrorism, EJN Contact Point.

The FPO goes bilateral: a decade of dedication, a decade of

success

Speakers Mr. Eric Bisschop and Mr. Geert Schoorens, representatives

of the Federal Prosecutor’s Office in Belgium

11:15 – 11:30 Coffee break

Panel 2

EJN and EUROJUST. ACHIEVING COMMON

OBJECTIVES.EVIDENCE-GATHERING IN EU CROSS-BORDER

CASES. OPERATIONAL TOOLS part two

11:30 – 12:45 Eurojust Competences; Tasks; Operational Tools. Role of the

National Member in the Joint Investigations Teams

Speaker Ms. Daniela Buruiana, prosecutor, National Member for

Romania at Eurojust


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EJN Operational Tools. Role of the EJN Contact Point/Tools

Correspondents

Speaker Mr. Florin-Razvan RADU, Seconded National Expert to EJN

Secretariat

12:45 – 13:00 Questions and answers

13:00 – 13:15 Family Picture

13:15 - 14:30 LUNCH BREAK

Panel 3 EVIDENCE-GATHERING IN EU CROSS-BORDER CASES.

EUROPEAN INVESTIGATION ORDER and others …

14:30 – 16:00

Fields of application. Relation to other legal instruments

Speaker: Ms. Cécile Soriano, representative of European

Commission, Directorate-General for Justice and Consumers, Unit

B.1 – Procedural criminal law

Investigative measures. Recourse to a different measure

Speaker: Ms. Laura-Felicia CEH, prosecutor, Directorate for

Investigating Organized Crime and Terrorism, EJN Contact Point


16:30 End of the first day


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21 October 2016 Chair: Camelia-Maria Stoina, Chief prosecutor, Directorate for Investigating

Organized Crime and Terrorism

8:30 – 9:15 Registration of the participants

Panel 4 THIRD STATES. Cooperation through EJN

9:15 – 9:45

Speaker Mr. Ola Löfgren, Secretary of the European Judicial

Network

Cooperation through Eurojust/EJN

9:45 – 10:45

Speaker Ms. Silvia Florina POPA, prosecutor, Directorate for

Investigating Organized Crime and Terrorism


11:00-11:15 Coffee break

Panel 5 SETTING-UP A GOOD EXAMPLE. Case examples

11:15 – 12:30

Presentations made by the EJN Contact Points

12:30 – 12:45

Conclusions and end of the meeting

12:45 – 14:00 Lunch

14:00

Departure of participants


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Annexe 2: Photos from the event – only for the report’s purposes, not

for publishing in any way


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Annexe 3: Press release


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Annexe 4: List of the participants

LIST OF PARTICIPANTS

EJN Regional Meeting on the „Role of the EJN contact points in combating forms of

serious crime. Setting a good example.”

Bucharest, 20 – 21.10.2016

NAME CONTACTS SIGNATURE

1. Andrei Violeta

2. Amorosi Roberto

3. Bisschop Eric

4. Buruiană Daniela

5. Botezatu Vali Sonia

6. Ceh Laura Felicia

7. Chiurtu Greta Rodica

8. Coninsx Michèle

9. Diaconu Ramona

10. Dinu Elena

11. Frăţilescu Mihai

12. Gherghişan (Dăescu) Cornelia

13. Ghirdoveanu Ilie Adrian

14. Hălălău Cosmin Daniel

15. Hărăboiu Florian

16. Hudecova Barbara

17. Iovan Anca Ştefania

18. Kelemen Narcisa

19. Kircali Sumeyye

20. Lica Camelia

21. Löfgren Ola

22. Milosavljevic Branka

23. Mihăilă Adelin

24. Mitea Damian Marius

25. Neagu Cătălina

26. Negulescu Raluca


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27. Niculicea Nicolae

28. Onaca Viviana

29. Petcu Ingrid

30. Popa Silvia Florina

31. Popescu Mona

32. Radu Florin Răzvan

33. Radu Mariana

34. Râmniceanu Maria

35. Rotaru Denis

36. Rutovic Veljko

37. Schoorens Geert

38. Sisman Beatrice Silvia

39. Soriano Cecile

40. Stan Ştefania

41. Stoica Alina

42. Stoina Maria Camelia

43. Strîmb Codruţa

44. Trif Valentin

45. Valentin Mihai

46. Vasilescu Liviu

47. Ecedi – Stoisavlevic Laura

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1 EUROPEAN JUDICIAL NETWORK REGIONAL MEETING on the … › ejnupload › CP... · At the meeting participated 32 romanian representatives: 2 representatives ... police and prosecutors,