Topic Description

Priorities and activities to be funded

1. Priorities

The aim will be to promote judicial cooperation in criminal matters^[1] and to contribute to the effective and coherent application of EU mutual recognition instruments in criminal matters^[2]. Projects should aim to make these instruments work better in practice and provide practical tools to help practitioners dealing with these instruments and/or contribute to developing mutual trust between Member States. Proposals whose main purpose is to assess the transposition of these legal instruments into national law are not a priority of this call.

Priority shall be given to the implementation and practical application of the following mutual recognition instruments:

- Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA)^[3];

- Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties^[4];

- Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition for judgments imposing custodial sentences or measures involving deprivation of liberty^[5];

- Council Framework Decision 2008/947/JHA of 27 November 2008 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^[6];

- 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^[7];

- Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order^[8];

- Directive 2014/41/EU on the European Investigation Order in criminal matters^[9].

A specific priority shall be given to the implementation of the Directive on the European Investigation Order to ensure that mutual legal assistance (MLA)/mutual recognition proceedings are efficiently used between Member States' judicial authorities to effectively secure, request and obtain digital evidence in criminal investigations. Actions shall aim to improve cross-border cooperation and streamline the use of such procedures by developing guidelines and dedicated training modules on the efficient use of the current frameworks that are used for securing and obtaining e-evidence, including guidelines to clarify when, under the existing rules, using MLA or mutual recognition instruments are not required.

Projects may also examine the links between several of the mutual recognition instruments listed above, e.g. between the Framework Decision on the European arrest warrant and the Directive on the European Investigation Order.

Priority shall also be given to the functioning of Mutual Legal Assistance Treaties or other Treaties containing provisions on Mutual Legal Assistance with third States (e.g. EU-US Mutual Legal Assistance Agreement), in particular with respect to the exchange of electronic data and financial information. Projects could in particular look at the following aspects:

- how to foster open communication with a view to speeding cooperation and proposing solutions, including increasing the use of electronic means;

- how to improve the identification of bank accounts and to involve Asset Recovery Offices and Financial Intelligence Units;

- how to reduce obstacles to the effective freezing, confiscation and recovery of the proceeds of crime and proposing recommendations to overcome them.

2. Description of the activities to be funded under this topic.

This call will cover the following activities:

analytical activities, such as data collection, surveys, research activities, etc;

facilitating the exchange of data and the structured, confidential and data-protection compliant communication between the authorities appointed under EU legislation (e.g. competent authorities), including electronic transmission of documents, requests for information, questioning and hearing of persons across borders (such as by way of video-conferencing);

exchange of information and networking between judicial and administrative authorities and the legal professions and relevant civil society actors, such as development of an accessible and comprehensive source of country specific information and guidance on procedures, criminal codes, offences and legislation in each Member State; development of prototype templates to assist the issuing and executing authorities;

mutual learning, identifying and exchange of best practices which may be transferable to other participating countries;

dissemination and awareness raising activities.

Training activities can also be funded under this call, as long as they are of ancillary nature and not the main purpose of the project.

Projects ensuring maximum practical benefits and impact for the target groups will be more favourably assessed than theoretical projects consisting mainly of research and other analytical activities.

[1]Cf. http://ec.europa.eu/justice/criminal/judicial-cooperation/index_en.htm

[2]Cf. http://ec.europa.eu/justice/criminal/recognition-decision/index_en.htm

[3]OJ L 190, 18.07.2002 P. 1 – 20.

[4]OJ L 76, 22.3.2005, p. 16–30.

[5]OJ L 327, 05.12.2008, p. 27 – 46.

[6]OJ L 337, 16.12.2008, p. 102–122.

[7]OJ L 294, 11.11.2009, p. 20 – 40.

[8]OJ L 338, 02.12.2011, p. 02 – 18.