Findings

Preliminary Explorations

The document defines the scope of the project, including all the relevant EU and international instruments. Moreover, it presents an overview of the most important aspects concerning the effective and coherent (or lack thereof) application of the listed instruments.


Annotated Index

The Annotated Index constitutes a detailed structure for drafting the Country Reports. It contains the guidelines to be followed and the questions that the National Academic Researchers (NARs) have to pose to the national experts.

 

 

National Reports

The National Reports reply to the questions of the Annotated Index and contain a detailed overview of the national frameworks and practices.

 

 

Overarching Analysis

The Overarching Analysis constitutes the comparative analysis of the four National Reports, and includes the findings of the project.

 

Recommendations

The Recommendations summarise the project’s key findings and propose changes to laws and practices at both the EU and national levels.

 

Good Practices

The Research Team has developed a set of good practices, i.e. a working method that has proven to yield good results—or is expected to do so—and is relatively easy to implement, in that it does not require changes to the European or national legal framework.

  • Symposium proceedings

    Panel I - MR2.0 Objectives, methodology and findings

    In the first panel of the Symposium, the Project Leader, Principal Researcher, and judge-researcher have presented the context of the project. Specifically, they addressed the objectives and methodology of the project, the theoretical framework, and the institutional arrangements.

  • Panel II - Major issues identified

    In the second panel, the NAR from Germany, prof. Martin Böse presented one of the major issues identified in the course of the project: the underuse of the ESO and the challenges in its application. Prof. Böse also offered some possible solutions to increase the use of the the instrument.

    The NAR from Poland, prof. Małgorzata Wąsek-Wiaderek presented about the Polish practice of using the EIO to bring charges, taking into account the case law of the Court of Justice of the EU.

  • Panel III - Major issues identified II

    Panel III was opened by a speech of the vice-president of Eurojust, José de la Mata, who emphasised the importance of the role of the agency in judicial cooperation.

    The NAR from the Netherlands, prof. Vincent Glerum, gave a presentation on the relationship between the EAW and FD 2008/909/JHA. The research conducted has shown issues in the application of the latter FD.

    Finally, the NAR from Spain, prof. Mar Jimeno Bulnes, presented about the use of videoconferencing in cross-border criminal proceedings. Prof. Jimeno Bulnes highlighted the advantages of the new technologies, including potential drawbacks.

  • Panel IV - Discussion on the project's recommendations

    The panel was opened by judge-researcher, Hans Kijlstra, who gave an overview of the project's main recommendations.

    Following judge Kijlstra opening, three members of the Sounding Board presented their views on some of the project's recommendations. Specifically, Teresa Magno discussed the recommendations focused on actors in the EU judicial cooperation; Dražen Jelenić made critical remarks on the recommendations on the use of videoconferencing in cross-border criminal proceedings; and Vânia Costa Ramos analysed the recommendations on the creation of a fully-fledged and coherent mutual recognition system and on defence lawyers.

    Panel V - Resolution of a case study Navigating between Scylla and Charibdis

    Panel V closed the European Symposium. During this panel, Judge Sławomir Steinborn (from Poland), Public Prosecutor Francisco Jimenez-Villarejo (from Spain), and Defence Counsel Robert Malewicz (from the Netherlands), presented their views on the resolution of a case study elaborated by the Research Team.