Agreement with the United States on mutual legal assistance SUMMARY OF: Agreement on mutual legal assistance between the EU and the US Decision 2009/820/CFSP on the conclusion on behalf of the EU of the Agreements on extradition and on mutual legal assistance between it and the US Decision 2003/516/EC on the signature of the Agreements between the EU and the US on extradition and mutual […]
Fight against fraud to the EU’s financial interests by means of criminal law Directive (EU) 2017/1371 — using criminal law to protect the EU’s financial interests To create a stronger and more harmonised system, with minimum common rules, to fight crime affecting the EU budget. To better protect the EU’s financial interests and taxpayers’ money across the EU. Scope The directive concerns: fraud and other […]
EU drugs strategy EU drugs strategy (2013–2020) It provides the political framework and priorities for EU action in the field of drug policies for the period 2013–2020. By means of an integrated, balanced and evidence-based approach, it seeks to contribute to: reducing the demand for drugs; reducing the supply of illicit drugs; reducing the health and social risks and harm caused by drugs. KEY POINTS […]
Controls on firearms purchases and possession Directive 91/477/EEC — the control of the acquisition and possession of weapons The ‘Firearms Directive’ sets out certain minimum conditions for the circulation of civil firearms* within the EU. The directive establishes 4 categories of firearms by order of their level of danger, defined in Annex I to the directive. Scope The directive does not apply to commercial transfers […]
Fight against terrorism – definitions of terrorist crimes and support to victims Directive (EU) 2017/541 on combating terrorism.It aims to adapt EU law to fight terrorism in light of evolving terrorist threats and taking into account the international nature of terrorism. It establishes minimum rules concerning the definitions of offences and related sanctions in this area. It also introduces measures of protection, support and assistance […]
Combating money laundering by criminal law SUMMARY OF: Directive (EU) 2018/1673 on combating money laundering by criminal law It defines criminal offences and sanctions in the area of money laundering with a view to: facilitating police and judicial cooperation between EU countries; and avoiding that criminals take advantage of more lenient legal systems. It aims to criminalise money laundering when it is committed intentionally and […]
European Union Agency for Law Enforcement Cooperation (Europol) Regulation (EU) 2016/794 on the European Union Agency for Law Enforcement Cooperation (Europol) It sets up the rules for Europol, including a system by which the European Parliament, together with national parliaments, can politically monitor Europol’s activities. In addition, it adapts Europol’s external relations to the rules of the Lisbon Treaty. The regulation aligns the current Council […]
Fight against organised crime: offences linked to participation in a criminal organisation Council Framework Decision 2008/841/JHA on the fight against organised crime It criminalises offences linked to participation in a criminal organisation. It seeks to harmonise European Union (EU) countries’ laws on the criminalisation of these offences and lays down penalties for them. Offences There are 2 types of conduct, of which EU countries must […]
Fighting child sexual abuse Directive 2011/93/EU — combating sexual abuse and sexual exploitation of children and child pornography It aims at improving the protection of children from sexual abuse and exploitation. To achieve this, it obliges EU countries to: adopt prevention measures; protect child victims; investigate and prosecute offenders. Key Points To facilitate the prosecution of offenders, the directive: criminalises a wide range of situations […]
A safer EU: police cooperation, and crisis management Regulation (EU) No 513/2014 sets out the rules for a European Union financing instrument which, as part of the Internal Security Fund (ISF), concerns police cooperation, preventing and combating crime, and crisis management. Regulation (EU) No 513/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, […]
Joint investigation teams Council Framework Decision 2002/465/JHA on joint investigation teams It sets out the rules for the setting up and functioning of joint investigation teams (JITs). The rationale is that certain types of crime within the European Union (EU) can be more effectively investigated by JITs set up for a fixed period following an agreement between EU countries. The framework decision was a response […]
Mutual assistance in criminal matters between EU countries Convention on Mutual Assistance in Criminal Matters between the EU countries Council Act establishing the Convention on Mutual Assistance in Criminal Matters between the EU countries The convention aims to encourage and facilitate mutual assistance between judicial, police and customs authorities on criminal matters and to improve the speed and efficiency of judicial cooperation. It supplements the […]
Convictions in other countries count in new criminal proceedings An EU country should attach equivalent weight to convictions handed down in other EU countries as to those handed down by its own courts. Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings. WHAT DOES THE FRAMEWORK […]
Freezing and confiscation of assets Regulation (EU) 2018/1805 — mutual recognition of freezing orders and confiscation orders It aims to facilitate the cross-border recovery of criminal assets and to lead to more efficient freezing and confiscation of funds from illicit origin in the EU. The regulation forms part of the action plan developed by the European Commission to strengthen the fight against terrorist financing. It […]
Pre-trial supervision – mutual recognition Decision 2009/829/JHA — pre-trial supervision (alternative to detention) It lets EU citizens awaiting trial in another EU country return home until their trial begins. Their home country supervises them using non-custodial (outside prison) measures. For example, asking them to report to a police station every day. This avoids lengthy pre-trial detention abroad. Recognition If the suspect agrees to return home, […]
Strengthening victims’ rights in the EU The aim of this EU law is to ensure the mutual recognition of protection measures in civil matters in order to strengthen victims’ rights in the EU. Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters (OJ L 181 of 29.6.2013) This EU […]
Right to information in criminal proceedings Suspects or persons accused of a criminal offence in an EU country must be informed of their procedural rights and the charges against them. Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings. The directive sets out minimum standards for all EU countries regardless of a […]
European arrest warrant A person who has committed a serious crime in an EU country but who lives in another can be returned to the first country to face justice quickly and with little administrative burden. Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States – Statements made by certain Member States on the […]
Jurisdiction in criminal proceedings: prevention and settlement of conflicts This framework decision aims to improve judicial cooperation between European Union (EU) countries, so as to prevent unnecessary parallel criminal proceedings concerning the same facts and the same person. It has the potential to increase the efficient administration of criminal justice in cross-border cases by saving time and human and financial resources of the competent authorities […]