“Judicial cooperation in criminal matters in the Union shall be based on
the principle of mutual recognition of judgments and judicial decision and
shall include the approximation of the laws and regulations of the Member
States…”
The importance of developing EU wide criminal justice measures stems from the lack of internal
borders within the EU coupled with the cross-border dimension of crimes. In order for such measures to be effective they must be consistent and uniform across the 28 EU MS while at the same time
respecting the particular systems and cultures attributed to the individual Member States. The European Commission communication Towards an EU Criminal Policies: Ensuring the effective implementation of EU policies through criminal law, speaks to the importance of coherence and consistency.378
In closing this discussion on international cooperation, it is worth considering the starting point
of this Study, by championing the virtues of consistent and uniform application of criminal justice
measures across the EU. Such application remains dependent on the principle of mutual trust and
recognition, the cornerstone of judicial cooperation. To this end, the European Commission seeks to
promote and ensure the implementation of mutual recognition instruments. This has been carried
out by a number of different measures, including the introduction of procedural rights packages
which enforce mutual trusts through established minimum standards across the EU. The Commission engages with working groups and other bodies to collate data on the implementation experiences across the EU. For example, working with Europris to gather statistics on the FD TOP, or CEP
regarding the FD PAS.
The European Commission also supports training on the FD on detention directed at all stakeholders, and continues focus on the development of materials for training and handbooks for practical
use relating to each of the FD on detention. There is currently a handbook being prepared relating to
FD TOP and FD PAS, and in recognition of the importance of alternatives to detention and addressing
the use of pre-trial detention, the coming year will see a focus on implementing specific trainings
in that area. Furthermore, with a view to enhancing cooperation between NPMs across the EU, the
European Commission in conjunction with the Council of Europe are also working on a joint project
considering how NPMs can contribute to the effective implementation of EU law, specifically, mutual
recognition instruments. An initial meeting is due to be held in March, to elaborate on the concept
note, and in April 2017 there will be kick off meeting for the EU NPM Network. In addition to training
tools and manuals, the European Commission also works on infringement proceedings. As discussed
in Part 1 of this Study, the Commission remains aware of the ongoing problems regarding the full
implementation of all the FD on detention. To this end, the Commission are at the early preliminary
stages of infringement proceedings and are in communication with Member States regarding shortcomings to implementation.
During the course of the final conference, the European Commission representative outlined the
role of the Commission in the context of supporting and enhancing mutual recognition instruments.
In addition to the Green paper on pre-trial detention, which sought to consider the extent to which
detention impacted on mutual trust, and consequently judicial cooperation. The Commission through consultations with stakeholders found that most Member States were not in favour of further
legislations, but rather that the EU should first focus on existing laws and their transposition. The
Commission funds a number of key organisations, including Europris, which is an expert group on
Framework Decisions, and CEP which engages with probation issues.
378
106
Towards an EU Criminal Policies: Ensuring the effective implementation of EU policies through criminal law page 3. Available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0573:FIN:EN:PDF.
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