Seminar Public Prosecution Services and the Rule of Law in Europe
- Start date:
- 16 June 2022
- 1 day
- Legal area:
- Criminology, Europees recht, Straf(proces)recht
on Public Prosecution Services and the Rule of Law in Europe:
Conceptions and Misconceptions on the Required Level of Independence in a Transnational Context
In various European countries, the precise role and position of public prosecutors have become the subject of heated discussions in recent years, the main issue being their required degree of independence. For most of these countries, it was the CJEU's decision in OG and PI in 2019 that kicked off the discussion. In these cases it was decided that national prosecution services that are subject to directions from the executive branch (e.g. a Minister of Justice), do not qualify as an ‘issuing judicial authority’ within the meaning of EU law and are therefore not authorized to issue a European arrest warrant. In other countries, such as the Netherlands, discussions on the independence of the Public Prosecution Service were already underway when the decision was issued by the CJEU. Debates on the matter are still ongoing in the various European jurisdictions, fuelled only further by post-OG&PI rulings dealing with similar questions on the competence of the public prosecutor in EU criminal matters.
The objective of this seminar is to take stock of the CJEU's line of case-law regarding the independence of public prosecutors in the framework of criminal justice cooperation and its consequences so far, both in the specific context of cooperation in EAW cases, as well as with regard to other judicial cooperation mechanisms. To that end, the seminar will bring together legal scholars and practitioners from a variety of EU Member States and with backgrounds in criminal law, constitutional law and EU law.
Optional: You can attend dinner at 18.30 at Restaurant Wielinga in Leiden. If you choose to join dinner and if you have any special dietary wishes, please inform Dagmar Rasenberg; firstname.lastname@example.org
Note: Registration for this seminar is possible until 9 June 2022
Law Faculty of Leiden University
Kamerlingh Onnes Building, Steenschuur 25, Leiden
Prof. Jannemieke Ouwerkerk
Dr. Sjarai Lestrade
Dr. Kelly Pitcher
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Introductory talkThe CJEU on Prosecutorial Independence in EAW procedures: overview and latest developments
dr. Kelly Pitcher (Leiden Law School)
Session 1. The impact of CJEU case law on surrender laws and practices
a) Issuing EAW’s in compliance with CJEU case law: the German experience
speaker to be confirmed
b) Executing EAW’s in compliance with CJEU case law: the Dutch experience
Marlies James-Pater (Judge at District Court of Amsterdam)
c) The EAW Mechanism in the year 2022: a Critical Reflection
prof. Helmut Satzger (Ludwig-Maximilians-Universität München)
Session 2. Prosecutorial Independence and Effective Judicial Protection Beyond the EAW
a) Prosecutorial independence and effective judicial protection in EIO-procedures
dr. Pim Geelhoed (University of Groningen)
b) Prosecutorial independence in the European Public Prosecutor’s Office
prof. Vanessa Franssen (University of Liège)
c) Effective Judicial Protection in the Dutch Procedure for the Execution of Foreign EU-Sanctions (WETS-procedure)
Frederieke Dölle (Defence Laywer at Prakken d’Oliveira Human Rights Lawyers)
Session 3. Judicial Independence and Criminal Justice in Europe: Challenges and the Way Forward
a) dr. Adriano Martufi (Leiden University)
b) Jurian Langer (Legal agent for the Dutch government before the CJEU and Head of EU litigation team, Dutch Ministry of Foreign Affairs)
c) prof. John Morijn (Commissioner, Netherlands Institute of Human Rights)
Drinks and dinner
Juridische Faculteit Universiteit Leiden, Kamerlingh Onnes Gebouw
Steenschuur 25, Leiden
Registration Fees (no VAT will be charged)
€ 45,- One day Seminar
€ 40,- Optional dinner