THE GREAT BRITISH OPTOUT Aled Williams 1 20122021

THE GREAT BRITISH OPT-OUT Aled Williams 1 20/12/2021

Eurojust 2 l TFEU Article 85. 1: “to support and strengthen coordination and cooperation between national investigating and prosecuting authorities” re – Serious crime affecting 2 or more MS – Requiring a prosecution on common bases l 220 EU staff; 50 MS staff; 32 m euro budget l 200 coordination cases per year. (UK 50+) 20/12/2021

What might we gain? l Opportunity to renegotiate? l Avoid “federalist tendencies” ? – – 3 CJEU jurisdiction infringement procedures 20/12/2021

What might we lose (re Eurojust)? 4 l Emphasis on co-ordination and cooperation l Effective fight against delay l Alternative to EPPO 20/12/2021

Coordination and cooperation l 200 Coordination meetings p. a. – – l JITs – – l 5 UK in 50+; cost Who prosecutes; disclosure obligations; coordination of searches and arrests Eurojust Decision 9 f 26 UK funding applications to Eurojust in 2011 7 Coordination centres in 2011; UK in 3 20/12/2021

Effective fight against delay 6 l Coordination l “Save the day” cases l EAWs 20/12/2021

Eurojust as alternative to EPPO? l TFEU Article 86. 1 – l European Union Act 2011 s. 6(5)(c) referendum and Act necessary re – 7 “may establish European Public Prosecutor’s Office from Eurojust” “a decision under Article 86(1) of TFEU involving participation by the United Kingdom in a European Public Prosecutor's Office; “ 20/12/2021

Eurojust as alternative to EPPO? l TFEU Art 85. 1 regulations re tasks including – – l 8 initiation of criminal investigations proposing the initiation of prosecutions by competent national authorities, particularly those relating to offences against the financial interests of the Union Art. 85. 2: . . ”formal acts of judicial procedure shall be carried out by the competent national officials” 20/12/2021

Eurojust as alternative to EPPO? l Current obligation to notify Eurojust National Member of “fraud affecting the financial interests of the European Communities” – l 9 Eurojust Decision Art 13. 6. (a)(vi) OLAF – Eurojust cooperation re the protection of the financial interests of the European Communities “where the competent national authorities” agree. 26. 4 20/12/2021