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slide: Working with the EPPO at decentralised level

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Working with the EPPO at decentralised level visited
Welcome
Modules overview
Module 1 - General introduction to the EPPO
- Overview of the formation and concept of the EPPO
- Legal basis of EPPO and its general structure
- How is the European Public Prosecutor’s Office Structured?
- Article 6 on Independence and accountability
- Appointment and dismissal of members from the EPPO’s central office
- THE CENTRAL LEVEL
- THE DECENTRALISED LEVEL
- Internal Rules of Procedure
- ECBA Notes on the Internal Rules of Procedure of the EPPO
- Quiz: Question 1
- Quiz: Question 2
- Defence rights in EPPO proceedings
- Relevant sections of the EPPO proceedings on the defence rights
- Directive on Information
- Practical issues to anticipate
- Directive on Access to lawyer
- Directive on Presumption of innocence
- Directive on Legal aid for suspects/accused persons in criminal proceedings and requested persons (EAW)
- Issue for the defence
- EPPO and the Nation law
- Conclusion
- Quiz
- Role of the lawyer in EPPO proceedings
- What is the role of the defence lawyer in general?
- What is the role of the defence lawyer in EPPO Proceedings?
- New challenges when defending EPPO Proceedings
- Additional Preparation when defending EPPO Proceedings
- Organisational challenges of a defence in EPPO Proceedings
- Importance of networking and support / exchange networks
- Role of ECBA
- Networking: The European Criminal Bar Association
- European Delegated Prosecutor’s (EDP) case file
- Quiz - Question 1
- Quiz - Question 2
- Handling of EPPO files
- The importance of an elaborated system of file handling
- General legal aspects of file handling
- The principle of proportionality
- EPPO-files
Module 2 - Competences of the EPPO
- Module 2: Competences of the EPPO
- Material competence
- PIF Offences
- “Double-checking” of material competence
- Participation in a criminal organisation
- Inextricably linked offences
- Article 25
- Exceptions from Article 25
- Exercise of material competence of the EPPO
- Disagreements
- Territorial and personal competence based on Article 23
- Information Channels/Reporting obligations based on Article 24
- Right of evocation based on Article 27
Module 3 - Investigations by EPPO
- Module 3: Investigations by EPPO
- Opening of the investigation
- Outcome of the verification
- Initiation of the investigation
- Impact on rights of the defence
- Challenge the decision to start the investigation
- Quiz - Question 1
- Quiz - Question 2
- Quiz - Question 3
- Who undertakes the measures?
- In cases where
- Role of national law
- Further measures
- Urgent measures
- Defence rights on evidence gathering in EPPO cases
- Defence issues – can the defence request investigative acts?
- Defence issues – can the defence participate in investigative acts?
- Defence rights in EPPO before the indictment is issued
- Defence issues
- Quiz - Question 1
- Quiz - Question 2
- Cross-border investigations
- General principles on the applicable law in the investigations
- Judicial authorisation
- Problems of cross-border investigations
- Enforcement of the assigned measure
- Defence in cross border investigations
- Quiz - Question 1
- Quiz - Question 2
- Cooperation with the national authorities
- Information flow
- Operational cooperation
- The execution of the investigative measures undertaken in the EPPO investigation
- Operational cooperation
- Quiz - Question 1
- Quiz - Question 2
- Quiz - Question 3
- Quiz - Question 4
Module 4 - Prosecution and trial
- Module 4: Prosecution and trial
- Admissibility of evidence
- What is the problem?
- And the solution is…
- ECBA Agenda 2020
- Proposals to tackle problems?
- Article 82 TFEU
- Article 82 TFEU
- EPPO and admissibility of evidence
- Execution of a search: what is the applicable law? (1)
- Execution of a search: what is the applicable law? (2)
- Questions to keep in mind
- For further reading
- Quiz - Question 1
- Dismissal of cases
- Dismissal, the applicable law
- Particularities of the dismissal procedure of the EPPO cases
- Requirements
- Ground for dismissal
- Effects of the dismissal
- Dismissal of the case by EPPO – ne bis in idem
- Quiz - Question 1
- Quiz - Question 2
- Quiz - Question 3
- Quiz - Question 4
- Prosecution before national courts
- Prosecution before national courts
- Think about…
- Article 39 on the dismissal of a Case
- Article 40 (1) EPPO Regulation
- Article 40 (2) EPPO Regulation
- Article 40 (3) EPPO Regulation
- Article 34
- Article 35
- Article 5(3) EPPO Regulation
- Court Proceedings / Trial Phase
- Defence rights in EPPO Court Proceedings / Screening stage under national law
- Defence rights in EPPO before the indictment is issued
- Defence rights in EPPO Court Proceedings / Trial Phase
- Judicial review of the EPPO acts
- EPPO procedural acts related to the investigative operations (1)
- EPPO procedural acts related to the investigative operations (2)
- Scope of the review by national courts
- Preliminary referral to the CoJ in the review procedure
- Jurisdiction of the CJEU (1)
- Jurisdiction of the CJEU (2)
- Internal review of EPPO Acts
- When can the right to judicial review be exercised?
- Quiz - Question 1
- Quiz - Question 2
- Quiz - Question 3
- Quiz - Question 4
- Quiz - Question 5
- Quiz - Question 6
- Quiz - Question 7
Module 5 - International Cooperation
- Module 5: International Cooperation
- Article 99 EPPO Regulation
- Article 31 of the EPPO Regulation
- Exception
- Article 100 EPPO Regulation
- Article 101 EPPO Regulation
- Article 102 EPPO Regulation
- Article 103 EPPO Regulation
- Article 104 EPPO Regulation
- Article 104(6) EPPO Regulation
- Quiz - Question 1
- Quiz - Question 2
- Article 105 EPPO Regulation

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