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Romania and the European justice

Lect. Dr. Norbert Adrian Poruciuc

Dascălu Andreea Isabela – 1 IFR


operating from the Council building in Brussels. The European Council held a special meeting dedicated to the creation of an area of freedom. held in October 1999. Eurojust was established as a result of a decision taken by the European Council of Tampere. Romania had to make some steps in order to become a security provider. detached from each Member State according to their own legal systems. whose purpose was to be a sort of round table of prosecutors from all Member States. composed of national prosecutors. or police officers of equivalent competence. This was Eurojust's forerunner. this would be achieved by concentrating on establishing a more uniform immigration and asylum policy based on solidarity and on the reinforcement of the fight against trans-border crime by consolidating cooperation among authorities. magistrates. On 14 December 2000. To reinforce the fight against serious organised crime. the European Council. agreed that Eurojust should be set up. in its Conclusion 46. security and justice in the European Union. where 2 . a provisional judicial cooperation unit was set up under the name Pro-Eurojust. in this context being constituted a joined force across the systems of justice from the member country and other European and world states and organizations.2010 Romania and the European justice Before admission into the European Union. named Eurojust. not only a security risk.

President of the College of Eurojust and for Romania. As a result. after the official sign at Brussels in 02 December 2005. and fYROM. bringing the total number to 27. This thought served as a catalyst to setting up a judicial coordination unit. Agreements were concluded with Europol. Norway.Eurojust’s concepts would be tried and tested. The treaty was signed. Romania is now part of the agreement. Minister of Justice at that time. and in January 2007 two more were added. The attacks of 11 September showed that the phenomenon of terrorism was not limited to the national or regional sphere and that the fight against terrorism must be coordinated in the widest international context. Iber-RED. Croatia. OLAF. and Eurojust was established in 2002 by Council Decision 2002/187/JHA. Since the enlargement. Switzerland. Romania. Practically. Eurojust has been very active in working towards signing cooperation agreements allowing the exchange of judicial information and personal data. for Eurojust. represented by the Prosecutor's Office attached to the High Court of Cassation and Justice. Liaison prosecutors from Norway and the USA are permanently based at Eurojust. Shortly after its establishment. CEPOL. The competent authority of Romania for the execution of this Agreement is the Romanian Public Ministry. Eurojust faced the challenge of the European Union enlargement: in May 2004. On 29 April 2003. by Monica Luisa MACOVEI. the European Judicial Training Network. the USA. by Michael G. ten new National Members joined the College. Eurojust moved to its final seat. Pro-Eurojust started work on 1 March 2001 under the Swedish Presidency of the European Union. Iceland. Romania shall notify Eurojust. in The Hague (NL). UNODC. simultaneous with the 3 . KENNEDY.

involving an organized criminal network trafficking children from Romania to the UK. to coordinate arrests of leaders of the organized crime network. taking into consideration the different evidentiary requirements of the two 4 . The purpose was. Eurojust shall notify Romania. The JIT allowed the establishment of a common plan of action between the national and international actors involved. with the aim of exploiting them to commit crimes. of the purpose for which the information is supplied an do of any restrictions on its use. presented as a great achievement is a case from 2006 between Romania and the United Kingdom registered at Eurojust. A Joint Investigating Team (JIT) was set up in 2008. This form of traffic of human beings is quite unusual. and to prosecute the members of the network and send them to trial. Eurojust is coordinating several meetings between the UK judicial authorities and the Romanian prosecutors of the Organized Crime and Terrorism Investigation Directorate (DIICOT). to confiscate their property and to obtain important means of evidence from the destination country and vice versa. of the purpose for which the information is supplied and of any restrictions on its use. obtained the travel documents. The members of the criminal group arranged for the children’s accommodation and transport. organized and supervised the criminal activities in the UK and collected the money obtained by the victims. the JIT Agreement was signed at Eurojust on 01 September 2008. The children were recruited from poor communities in rural areas. simultaneous with the transfer of information or before such transfer. In this context. through the intervention and facilitation of Eurojust.transfer of information at the latest. On it’s behalf. with Europol providing analytical support and Eurojust clarifying the differences between the two legal systems and advising on where best to prosecute. and does not fall under the Palermo Convention. mainly stealing and begging.

participation in an organized criminal group and money laundering. aged between 7 and 15 years. especially from Romania. after the demonstration of survival technique from Austria of some ethnic group from our country. we have reserved a position of obedience. have been identified. we can only be happy that we a not so bad. Until our politicians will attend the problem. began in 2006. How could we escape of these perception is not yet a problem we can solve. Some criminals appeared before the UK courts in 2009. including in justice.countries. No one perceives at present Romanians as partners. 17 being currently under arrest. if only look at “Operation Koala”. 27 people are prosecuted for trafficking in minors. On 08 April 2010. with the support of 120 Romanian police officers and 200 gendarmes. more than 160 victims. especially because we appear not to care. as a country which exports insecurity towards European countries. Similar cases are brought as evidence and widely exposed in mass-media for explaining the expulsions of Romanian citizens from France. even more. to be Romanian abroad is not simple. As a result. So far. even in high power places people being preoccupied with other more important matters. additional assistance from Eurojust had been requested. together with 26 officers from the London Metropolitan Police and 2 intelligence analysts from Europol. They conducted 34 simultaneous home searches. Due to the differences between civil and common law systems. when we were classified as a nation of swan eaters. a large operation was organized in Romania. As a result. Even as tourist travelling in the Schengen space we are not desired more to the reaches table of Europe as we were twenty years ago. the procedure being used in other similar circumstances in order to get reed of undesirable immigrants. 5 .

addressing their national authorities to follow the deadlines established for the common operations. The abusive material was mainly produced in the man’s private studio in Ukraine. was arrested. contributed to the success of the joint Europol-Eurojust operation. He was running a website on which he sold over 150 self-made.500 customers worldwide. the Belgian and Italian National Members took the initiative to co-ordinate. to Europol. the sole producer of the material. including customer details. This remarkable level of co-operation with all Eurojust National Members. 6 . sexually explicit videos of underage girls. on a judicial level. This business had been running for a year and a half.when a child abuse video was discovered in Australia. Success was achieved in this operation by the provision of valuable data by Member States and Interpol and crime analysis for more than a year carried out by specialists in online child sex abuse cases at Europol and the judicial co-ordination carried out by Eurojust. the Italian authorities forwarded all the digitalized material. all the countries involved. Shortly before the suspect was due to move permanently to Ukraine. Consequently. The material was analyzed and disseminated to the countries in which customers were identified. At Eurojust. This particular video had been produced in Belgium. Requests on how to pose were also given and some customers even travelled to the studio to attend the video shoots or to make their own private videos. The customers were also able to order tailor-made videos. Eurojust and Europol invited representatives from 28 countries to several operational meetings in The Hague. After his arrest. generating considerable profits from around 2. The information from Australia was routed via Interpol to Europol and Belgian authorities. the Italian national police in Bologna arrested him. A Belgian perpetrator and two victims were identified. Subsequent investigations were initiated by the national authorities. a 42 year old Italian national.

After this development involving child abuse. but every person walking or driving on the streets. even if it is a concern to be in attended by the authorities. 23 children between 9 and 16 years of age have been identified. The investigations and prosecutions are still ongoing in and outside the European Union. Amongst those arrested were several persons working in trusted positions. thousands of computers. the case with children from Romania used by grownups to steal or to bag seems to be a minor. As a matter of fact. videos and photographs were seized. and more than a million files and pictures were found. such as school teachers and swimming instructors. because involves a larger group of people. 2. but more deranging. but we are surely the most visible in the sight painted after 1989. the problem issued from Romania is something less incriminatory. not only the psychically disordered persons that consume child pornography.500 purchasers of child pornography in 19 countries were identified. 7 . As a result we are one of the last among European nations which have received the right to travel without visas in Europe and we are perceived to have a long way to travel before becoming real Europeans. In this line of ideas we may not be the worse can happen.which led to a significant number of arrests and the seizure of a considerable amount of child abuse material. In this coordinated action. http://www.Bibliography: 1.europa.europol.europa. 3. 2.europa. 8 .eu/ http://www.europarl.