• Start date:
  • 16 June 2022
  • Duration:
  • 1 day
  • Legal area:
  • Criminology, Europees recht, Straf(proces)recht
  • Course:
  • Conference

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 17.30 at Restaurant Wielinga in Leiden. If you choose to join dinner and if you have any special dietary wishes, please inform Dagmar Rasenberg; d.e.rasenberg@law.leidenuniv.nl

Note: Registration for this seminar is possible until 9 June 2022

Conference venue
Law Faculty of Leiden University
Kamerlingh Onnes Building, Steenschuur 25, Leiden
The Netherlands

Organising Committee
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. Sjarai Lestrade (Radboud University Nijmegen)

Session 1. The impact of CJEU case law on surrender laws and practices
Session chair: prof. dr. Jannemieke Ouwerkerk

a) Issuing EAW’s in compliance with CJEU case law in the Netherlands -
Hugo Storij (Public Prosecutor Oost-Brabant, the Netherlands)
b) Executing EAW’s in compliance with CJEU case law in the Netherlands - 
Marlies James-Pater (Judge at District Court of Amsterdam)
c) Independence of the Croatian public prosecutor in EAW proceedings: effects of CJEU rulings’
dr. Ante Novokmet (Josip Juraj Strossmayer University of Osijek)
d) The EAW Mechanism in the year 2022: a Critical Reflection
prof. Helmut Satzger (Ludwig-Maximilians-Universität München)


Lunch break

Session 2. Prosecutorial Independence and Effective Judicial Protection Beyond the EAW
Session chair: prof. Jeroen ten Voorde

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) 


Coffee break

Session 3. Judicial Independence and Criminal Justice in Europe: Challenges and the Way Forward
Session chair: dr. Sjarai Lestrade

a)The right to an independent judge in EAW proceedings: ambiguities in the Court of Justice’s case law
dr. Adriano Martufi (Leiden University)
b) Judicial in(ter)dependence in/with Poland: thinking through the magnitude of the challenges
prof. John Morijn (Commissioner, Netherlands Institute of Human Rights)
c) Addressing rule of law problems in concrete surrender cases: the position of the surrender judge
Chiel Kuijpers (PhD student Radboud University Nijmegen)


Drinks and dinner


mr. dr. S.M.A. Lestrade
Jannemieke Ouwerkerk JPAO
prof. mr. dr. J.W. Ouwerkerk
dr. K.M. Pitcher
mr. F. Dölle
prof. V. Franssen
mr. dr. W. Geelhoed
mr. M. James-Pater
mr. C. Kuijpers
mr. dr. S.M.A. Lestrade
dr. A. Martufi
prof. dr. J. Morijn
dr. A. Novokmet
Jannemieke Ouwerkerk JPAO
prof. mr. dr. J.W. Ouwerkerk
Helmut Satzger Juridisch PAO
prof. dr. H. Satzger
mr. H Storij
Jeroen ten Voorde Juridisch PAO
prof. mr. J.M. ten Voorde
Juridische Faculteit Universiteit Leiden, Kamerlingh Onnes Gebouw

Steenschuur 25, Leiden

Zaal: A051

Registration Fees (no VAT will be charged)

€ 45,- One day Seminar

€ 40,- Optional dinner

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