Virgil IVAN-CUCU
Senior Expert, Head of Justice and Home Affairs Unit
March 2009
Regional cooperation is a criteria for EU accession
GOALS OF THE REGIONAL COOPERATION
IN THE AREA OF
JUSTICE AND HOME AFFAIRS
TO SUPPORT:
EU accession and
Euro-Atlantic integration
RCC is the South East Europe
Cooperation Process (SEECP)
operational platform and a key
interlocutor for EC
• Harmonization & Convergence of
national strategies, action plans,
legislation with:
• RCC Strategic Work Program
• Multi-beneficiary IPA Program
• UNODC Balkan Program
• EU Strategy in JHA
TO ESTABLISH a structured
regional mechanism, a system • Implementation & Sustainability
of direct, quick and constant
• Through RCC operational platform
circulation of information able
to coordinate and integrate EU,
regional and national partners’
needs of cooperation
S
E
E
C
P
SEE - RCC
operational
PLATFORM
Donors
IFI
NGO’s
SEE Regional Cooperation – 5 Key Areas
Trans – Border
Organized Crime
Migration, Asylum
& Refugees
Prosecutors &
Judicial Cooperation
Anti-Corruption
Law enforcement
&
Police Cooperation
JUDICIAL COOPERATION INSTITUTIONAL FRAMEWORK
1. REGIONAL CENTRE FOR COMBATING TRANS-BORDER CRIME (SECI CENTRE)
BUCHAREST – POLICE AND
CUSTOM LIAISON OFFICERS OPERATIONS, PROJECTS
IMPLEMENTATION
Strengthening SECI’s operational role, legal statute- SECLEC, relations with Europol,
participation in ILECU’S, OCTA-SEE,
2. REGIONAL ANTICORRUPTION INITIATIVE (RAI) – SARAJEVO – PREVENTION,
INVESTIGATION, PROSECUTION, POLICIES, STRATEGIES, INTEGRITY, PROJECTS
IMPLEMENTATION
Sustainability, achievement of practical results and fostering the impact following the
dissemination of anti-corruption best practice and lessons learned , identify new priorities
3.
SOUTHEAST EUROPE POLICE CHIEFS’ ASSOCIATION (SEPCA) – SOFIA –
PROFESSIONAL POLICIES AND STRATEGIES, PROJECTS IMPLEMENTATION
Continue main projects of the Police Forum such as Organized Crime Training Network,
support PCC implementaiton
SEE Regional Organizations
4. SOUTH EAST EUROPEAN PROSECUTORS ADVISORY GROUP (SEEPAG)
SECI PARTNER EXCHANGE OF INFORMATION
Increase the competence to provide real operational support, assistance,
advice and guidance to SECI in organized crime investigation
5. MIGRATION ASYLUM AND REFUGEES REGIONAL INITIATIVE (MARRI) – SKOPJE
POLICIES, STRATEGIES, EXCHANGE OF INFORMATION, PROJECTS IMPLEMENTATION
Supporting the relevant authorities involved in integrated border
management including police, customs, as well as illegal migration and
asylum
6. SECRETARIAT OF SOUTH EAST EUROPE POLICE COOPERATION CONVENTION –
LJUBLJANA - GUIDELINES, MANUALS, BEST PRACTICES
Implementation of the Police Cooperation Convention for Southeast Europe
– Vienna Convention 2006.Fostering judicial cooperation among SEE
countries police services
ONGOING REGIONAL COOPERATION PROCESSES
SUSTAINED BY RCC JHA
STREAMLINING AND
RAISING THE VISIBILITY
OF
JHA REGIONAL
ORGANIZATIONS
ENHANCING THEIR
CONTRIBUTION AND
PERFORMANCE ON
JUDICIAL COOPERATION
COOPERATION AND
COORDINATION AMONG
NATIONAL
INSTITUTIONS
REGIONAL AND
EU
LEVEL
SEE JUDICIAL COOPERATION
LEGAL FRAMEWORK – CASE BY CASE APLICABLE LAW
NATIONAL
OR
INTERNATONAL
LAW
MULTILATERAL
BILATERAL
AGREEMENTS
OR
RECIROCITY
AGREEMENTS
UNITED NATIONS
COUNCIL OF EUROPE
SEE POLICE
COOPERATION
CONVENTION
EUROPEAN UNION
EXAMPLES OF APPLICABLE SUBSTANTIAL
INTERNATIONAL LAW
 UNITED NATION’s Convention against Transnational
Organized Crime, Palermo December 2000;
▪ Protocol of 15 November 2000 to prevent, suppress and
punish trafficking in persons, especially women and
children
▪ Protocol of 15 November 2000 against the smuggling of
migrants by land, sea and air
 Convention and Protocols are part of EU AQUIS
 Council Decision 2004/579/EC of 29 April 2004 on the conclusion,
on behalf of the European Community, of UNTOC(OJ L 261 of 6
August 2004);
EXAMPLES OF APPLICABLE SUBSTANTIAL
INTERNATIONAL LAW
COUNCIL OF EUROPE
Convention on
Action against Trafficking in Human Beings
197/2005
 Convention is applying to all forms of trafficking in
human beings:
 whether national or transnational,
 whether or not connected with organised crime
 institute obligations to states
EXAMPLES OF APPLICABLE SUBSTANTIAL
INTERNATIONAL LAW
EUROPEAN UNION
EU FRAMEWORK DECISION of 19 July 2002 on combating trafficking
in human beings
 EU FRAMEWORK DECISION of 15 March 2001 on the standing of
victims in criminal proceedings
 EU COMMISSION DECISION of 17 October 2007
setting up the Group of Experts on Trafficking in Human Beings
(2007/675/EC)
 Measuring Responses to Trafficking in Human Beings in the
European Union: an Assessment Manual(18 October 2007)IV.1
Developing law enforcement agency expertise, establishing
priorities and ensuring coordination and cooperation between
agencies

PROCEDURAL INTERNATIONAL LAW
TRADITIONAL MECHANISM
EXTRADITION
 Council of Europe Convention on Extradition of 1957 and the
two Additional Protocols
 The extradition is carried out through diplomatic – beaurocratic
channel on the basis of a formal request, in writing and original
documents related to the procedure.
 MUTUAL LEGAL ASSISTANCE
 Council of Europe Convention on Mutual Legal Assistance in
Criminal Matters OF 1959 and its Protocols 1978 and 2001
 ENFORCEMENT OF CRIMINAL JUDGEMENTS
 Council of Europe Convention on the Transfer Of Sentenced
Persons, 1983.
 Council of Europe Convention On The Validity Of Criminal
Judgements, 1990

SOLUTIONS AT EUROPEAN UNION LEVEL
Schengen Convention 1998: Complementing The EC on MLA, on a
voluntary basis
The Convention of 2000 on Mutual Legal Assistance In Criminal
Matters between EU Member States and its Protocol of 2001
Framework decision of 13 June 2002 on Joint Investigation Teams
(2002/465/RIF)
The Framework Council Decision on the European Arrest Warrant
And The Procedure Of Surrender Between The EU Member States Of
13 June 2002
SEE Convention on Police Cooperation
Vienna 2006
 Albania, Bosnia and Herzegovina, Bulgaria, Former
Yugoslav Republic of Macedonia, Moldova, Montenegro,
Serbia and Romania ratified, Croatia signed
 Provides a comprehensive set of rules and standards
designed to guide and enhance our common activities
regarding police cooperation
 Full implementation of the Convention signify
preparedness to implement the requirements of the EU
Acquis Communautaire in the area of Freedom, Security
and Justice
ASSESMENT
SEE JUDICIAL COOPERATION
 Bilateral and multilateral agreements are being
implemented, methods of cooperation, as well as the
competent authorities are defined
 Networks of liaison police officers and prosecutors have
been established
 A SEE regional mechanism for cooperation among law
enforcement agencies and prosecutors, in particular
through SEE initiatives is in place:
 to fight trans-border organized crime (SECI Center) together with
SEE Prosecutors Advisory Group (SEEPAG & PROSECO), and SEE
Police Chiefs’ Association
 anti-corruption (RAI)
 Illegal migration and THB (MARRI)
SEE GENERAL PROSECUTOR’S ROLE
Core Priorities
for EU MS, candidate, potential candidate or partner countries to
European accession and Euro-Atlantic integration.
 General Prosecutors play an essential role in:
 Promoting and defending the rule of law
 Adopting measures and mechanisms to make effective
international judicial cooperation
 Strengthening public confidence in the criminal justice integrity
and efficiency
 SEE countries are confronted with common challenges:
 the process of structural criminal justice reforms according with
EU and international standards;
 permanent and functional prosecutors’ cooperation;
 coordination in fighting transnational organised crime, corruption
and illegal migration.
Proposal to initiate
SEE Prosecutors General’s Forum

At SEE regional level there is no initiative concerning
General Prosecutors, thou there are annual meetings of
the SEECP’s Ministers of Justice and Home Affairs
SEE Prosecutors General’s Forum
 SEE PG regional mechanism may addressed at least three
regional processes:
 harmonization and implementation of national, EU
and international legislative framework
 institutional and functional standardization
 forms and methods of cooperation – a holistic
approach on enhancing regional cooperation among
police, law enforcement officers, prosecutors and
judges;
SEE Prosecutors General’s Forum

SEE PG regional mechanism will be able to solved the duplication of
regional prosecutors’ networks SEEPAG and PROSECO and to support
the consolidation of SECI Centre for fighting trans-border crime.

SEE PG will ensure high level inputs of the region to the future 2010
– 2014 EU Strategy on JHA - Stockholm Program which has to be
drafted at the end of 2009.

At regional level RCC consultation are in course to elaboration of a
SEE Multiannual Regional Strategy in the area of justice and home
affairs, meant to create convergences and to harmonize with EU,
CoE, UNODC, OSCE, OEDC strategies.