Library
- The institutional framework for
criminal justice in the EU - From mutual legal assistance to
mutual recognition - Procedural guarantees in the EU
- Victims’ rights
- Approximating criminal law
- Criminal justice bodies
and networks - Data Protection
- Police Cooperation
in the EU - Relevant links
Main treaties and conventions
- Protocol (No 36) on Transitional Provisions
- Statewatch Analysis, “The Third Pillar acquis“ after the Treaty of Lisbon enters into force, Professor Steve Peers, University of Essex, Second Version, 1 December 2009
- Consolidated version of the Treaty on the functioning of the European Union (OJ C115/47; 9.5.2008) – Title V (pages. 27-38)
- Consolidated Version of the Treaty on the European Union (OJ C321 E/1;, 29.12.2006, P. 5) – Title VI (pages 23-31)
- Charter of fundamental rights of the European Union (OJ. C 364/1; 18.12.2000)
- Explanations relating to the Charter of Fundamental Rights (2007/C 303/02)
- Convention implementing the Schengen Agreement of 14 June 1985 (OJ L 239; 22.9.2000, P. 19)
European Court of Justice
- The Treaty of Lisbon and the Court of Justice of the European Union Court of Justice of the European Communities, Press release No 104/09, Luxemburg 30. November 2009
- Information note on references from national courts for a preliminary ruling, supplement following the implementation of the urgent preliminary ruling procedure applicable to references concerning the area of freedom, security and justice, March 2008
- Statute of the Court of Justice, consolidated version, March 2010
- Rules of Procedure of the Court of Justice
European Convention on Human Rights (ECHR)
- Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocols No. 11 and No. 14 together with additional protocol and protocols no. 4, 6, 7, 12 and 13, Council of Europe
- Case of Salduz v. Turkey (Application no. 36391/02), Judgment, European Court of Human Rights, Strasbourg, 27 November 2008
Main instruments
- Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328/42; 15.12.2009, P.42)
- Council Act of 16 October 2001 establishing in accordance with Article 34 of the Treaty on European Union, the Protocol to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (2001/C 326/01), (OJ C 326/01; 21.11.2001,P. 1)
- Council Act of 29 May 2000 establishing in accordance with Article 34 of the Treaty on European Union the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 197/1; 12.7.2000, P. 1)
- Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (Strasbourg, 8.XI.2001)
- Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (Strasbourg, 17.III.1978)
- European Convention on Mutual Assistance in Criminal Matters (Strasbourg, 20.IV.1959)
- Third Additional Protocol to the European Convention on Extradition (Strasbourg, 10.XI.2010)
- Second Additional Protocol to the European Convention on Extradition (Strasbourg, 17.III.1978)
- Additional Protocol to the European Convention on Extradition (Strasbourg, 15.X.1975)
- European Convention on Extradition (Strasbourg, 13.XII.1957)
Mutual recognition in practice: the European Arrest Warrant
- European Arrest Warrants: Ensuring an effective defence a JUSTICE 2012
- Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial (OJ L 81/24; 27.3.2009)
- Commission Staff working document, Accompanying document to the third Report from the Commission to the European Parliament and the Council on the implementation since 2007 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States ((COM(2011) 175 final) SEC(2011) 430 final; 11.4.2011)
- Report from the European Commission to the European Parliament and the Council, On the implementation since 2007 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (COM(2011) 175 final; 11.4.2011)
- C-306/09 I.B., Judgement of 21 October 2010
- C-261/09 Mantello, Judgement of 16 November 2010
- C-123/08 Wolzenburg, Judgement of 6 October 2009
- C-388/08 Leymann and Pustovarov, Judgement of 1 December 2008
- C-296/08 Goicoechea, Judgement of 12 August 2008
- C-66/08 Szymon Kozlowski, Judgement of 17 July 2008
- C-303/05 Wereld/Ministerraad, Judgment of the Court of 3 May 2007
- Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190/1; 18.7.2002, P. 1)
Mutual recognition in practice: sanctions
- Proposal for a Directive on the freezing and confiscation of proceeds of crime in the European Union (COM(2012) 85 final; 12.3.2012)
- Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention (OJ L 294/20; 11.11.2009)
- Council Framework Decision 2008/947/JHA on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions (OJ L 337/102; 16.12.2008)
- Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (OJ L 327/27; 5.12.2008)
- 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 (OJ L 220/32; 15.08.2008)
- Council Framework Decision of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders (OJ L 328/59, 24.11.2006, P.59)
- Council Framework Decision of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (OJ L 76/16, 22.3.2005, P.16)
- Council Framework Decision of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property (OJ L 68/49, 1.3.2005, P. 49)
Mutual recognition in practice: evidence
- Council Framework Decision 2008/978/JHA of 18 December 2008 on the European evidence warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters (OJ L, 350/72, 30.12.2008)
- Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence (OJ L 196/45; 2.8.2003)
- Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters (OJ L 130/1; 1.5.2014)
Criminal records
- Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA (OJ L 93/33; 7.4.2009, P. 33)
- Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (OJ L 93/23; 07.4.2009)
- Council Decision on the exchange of information extracted from criminal records – Manual of Procedure (6397/5/06 REV 5; 15.1.2007)
- Council Decision 2005/876/JHA of 21 November 2005 on the exchange of information extracted from the criminal record (OJ L 322/33; 9.12.2005)
- Strengthening mutual trust in the European judicial area – A Green Paper on the application of EU criminal justice legislation in the field of detention (COM(2011) 327 final; 14.6.2011)
- Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ L 280/1; 26.10.2010)
- Directive 2012/13/EU of the European Parliament and of the Council on the right to information in criminal proceedings (OJ L 142/1; 1.6.2012)
- Resolution of the Council of 30 November 2009 on a Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings (OJ C 295/1; 4.12.2009)
- Proposal for a Directive on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings (COM(2013) 824 final; 27.11.2013)
- Proposal for a Directive on procedural safeguards for children suspected or accused in criminal proceedings (COM(2013) 822 final;27.11.2013)
- Proposal for a Directive on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings (COM(2013) 821 final; 27.11.2013)
- Directive 2013/48/EU of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294/1; 6.11.2013 )
- Directive 2011/99/EU of 13 December 2011 on the European protection order (OJ L 338/2; 21.12.2011)
- Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions - Strengthening victims' rights in the EU (COM(2011) 274/2; 18.5.2011)
- Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (OJ L 261/15; 6.8.2004)
- Council Framework Decision of 15 March 2001 on the standing of victims in criminal procedures (OJ L 82/1; 22.03.2001)
- DIRECTIVE 2012/29/EU of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315/57; 14.11.2012)
- Regulation (EU) No 606/2013 of 12 June 2013 on mutual recognition of protection measures in civil matters (OJ L 181/4; 29.6.2013)
Organised crime
Environmental crime
Terrorism
Trafficking in human beings and sexual exploitation of children
- Directive 2011/36/EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA
- Directive 2011/92/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335/1; 17.12.2011)
- Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography (OJ L 13/44, 20.1.2004, P. 44)
- Council Framework Decision of 19 July 2002 on combating trafficking in human beings (OJ L 203/1, 1.8.2002, P. 1)
Money laundering
- Directive 2005/60/EC of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309/15; 25.11.2005, P. 15)
- Directive 2001/97/EC of 4 December 2001 amending Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering (OJ L 344/76; 28.12.2001)
- Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime (OJ L 182/1; 5.7.2001)
Counterfeiting
Racism and xenophobia
Illicit drug trafficking
- Council Conclusions on a European system for forensic drug profiling, 2979th Justice and Home Affairs Council meeting, Brussels, 30 November 2009
- Council Framework Decision 2004/757/JAI of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (OJ L 335/8; 11.11.2004)
Corruption
- Council Framework Decision of 22 July 2003 on combating corruption in the private sector (OJ L 192/54; 31.7.2003)
- Council Decision of 6 December 2001 on the protection of the euro against counterfeiting (OJ L 329/1; 14.12.2001)
- Convention on the fight against corruption involving officials of the European communities or officials of Member states of the European Union (OJ C 195; 25.6.1997)
Protection of the Financial Interests of the European Communities
- Second Protocol, drawn up on the basis of Article K.3 of the treaty on European Union, to the Convention on the protection of the European Communities' financial interests (OJ C 221; 19.7.1997, P. 12)
- Protocol drawn up on the basis of Article K.3 of the Treaty on European Union to the Convention on the protection of the European Communities' financial interests (OJ C 313; 23.10.1996, P. 2)
- Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests (OJ C 316; 27.11.1995, P. 49)
Cybercrime - Council of Europe
Cybercrime - EU
- Proposal for a Directive of the European Parliament and of the Council on attacks against information systems and repealing Council Framework Decision 2005/222/JHA (COM(2010) 517 final 2010/0273 (COD); 30.9.2010)
- Proposal for a Directive of the European Parliament and of the Council on combating the sexual abuse, sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA (13799/10; 20.9.2010)
- Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems (OJ L 69/67; 16.3.2005)
- Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography (OJ L 13/44; 20.1.2004)
Insider dealing and market manipulation
European Judicial Network
Eurojust
- Eurojust Website
- Proposal for a Regulation of the European Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation (Eurojust) (Brussels, 17.7.2013; COM(2013) 535 final)
- Council Decision 2009/426/JHA of 16 Dec. 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA (OJ L 138/14; 4.6.2009)
- Council Decision of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime, OJ L 063/1, 6.3.2002 (consolidated version)
- Proposal for a Regulation on the European Union Agency for Criminal Justice Cooperation (Eurojust) (COM(2013) 535 final; 17.7.2013)
Europol
- Europol Website
- Proposal for a Regulation of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions 2009/371/JHA and 2005/681/JHA (Brussels, 27.3.2013; COM(2013) 173 final)
- Council Decision of 6 April 2009 establishing the European Police Office (Europol)
OLAF
- OLAF website
- Amended Proposal for a Regulation amending Regulation (EC) No 1073/1999 concerning investigations conducted by the European Anti-fraud Office (OLAF) and repealing Regulation (EURATOM) No 1074/1999 (COM(2011) 135 final; 17.3.2011)
- OLAF Manual - Operational Procedures (1.12.2009)
- Regulation (CE) 1073/1999 of 25 May 1999 concerning investigations conducted by the European Anti-fraud Office (OJ L 136/1; 31.05.1999)
- Regulation (Euratom) 1074/1999 of 25 May 1999 concerning investigations conducted by the European Anti-fraud Office (OJ L 136/8; 31.05.1999)
- Commission Decision of 28 April 1999 establishing the European Anti-fraud Office (OLAF) (OJ L 136/20; 31.05.1999)
Liaison magistrates
European Public Prosecutor
E-justice portal
- Proposal for a Directive of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data (COM(2012) 10 final; 2012/0010 (COD); 25.1.2012)
- Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (OJ L 350/60, 30.12.2008, P. 60)
- Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Strasbourg, 28.I.1981) (no. 108)
General
- Proposal for a Council Resolution on a Model Agreement for setting up joint cooperation teams under Chapter 5 of Decision 2008/615/JHA (7991/10; 26.3.2010)
- Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210/12; 06.08.2008)
- Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210/1; 06.08.2008)
- Council Framework Decision of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 386/89; 29.12.2006, P. 89)
- Convention on the stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration of 27. May 2005 (10900/05; 27.5.2005)
Joint Investigation Teams