The annual Eurojustice Conference was established in 1998 by the member states of the European Union in order to foster and improve co-operation between prosecution agencies across Europe and to encourage mutual understanding of the different legal systems in existence in member states.
The conference provides a forum for heads of prosecution services and top-level prosecutors across Europe to discuss issues relating to European criminal law policy, management and best practice. It can identify problems and offer solutions from the prosecutors' point of view.
In October 2004 the Office of the Director of Public Prosecutions had the honour of hosting the 7th Annual Eurojustice Conference in Dublin. The conference was attended by 80 delegates, representing twenty six European countries including eight of the ten new members states, together with representatives from the Council of Europe, EUROJUST (the permanent network of European prosecutors), OLAF (the European Union's Anti-Fraud Office) and the International Association of Prosecutors.
The conference was opened by the Minister for Justice, Equality & Law Reform, Mr. Michael McDowell, TD on 7 October 2004 in Dublin Castle Conference Centre. Over the course of the two day conference there were presentations and workshop sessions on a number of topics of interest to prosecutors across the European Union.
The following were the conclusions of the Conference:
In considering the relationship that exists between prosecutors and police in member states the conference recognised that there are different approaches to this important issue depending on the various legal systems and national practices across the European Union. While the police have the knowledge and technical expertise necessary to carry out investigations the importance of directives given by the public prosecutor must be emphasised. While there is a necessity for close co-operation between the two institutions in the interests of the proper functioning of the criminal justice system, the conference concluded that it is essential that this should not compromise the power of prosecutors to make decisions in their own sphere of operation in an independent manner.
In discussing the operation of the European Arrest Warrant procedure the conference noted that the new system had not, at the time of the conference, been in operation long enough to arrive at definite conclusions and that there are a number of matters which have given rise to problems. Nevertheless, it was recognised that the system appears to be working relatively well in those countries which have made use of it to a significant extent. The conference agreed to keep the operation of the system under consideration and if necessary to make proposals to the relevant authorities at a future date in order to assist in solving any problems which may emerge. The delegates felt that the apparently successful operation of the new system to date augured well for future improvements in co-operation between criminal justice systems in Europe intended to combat cross-border crime. In this regard the conference concluded that mutual recognition would be a better tool than the harmonisation of legislation.
The conference discussed how the European Framework Decision on Victim Assistance has proved a valuable tool in improving the position of the victim in European criminal justice systems. It noted the importance of ensuring the widest possible provision of information and assistance to victims consistent with the necessity to ensure the right to a fair trial guaranteed by Article 6 of the European Convention on Human Rights.
There was a general consensus that the broad principles of the Framework Decision were helpful: victims do need to be closer to the centre of the criminal justice system and prosecutors need to take a more victim orientated approach. Prosecutors need to be more engaged with victims and with support organisations. The attitude of public prosecutors is vital and they must work for a better position for victims of crime. However, the conference recognised that prosecutors must not forget that most victims are witnesses and it is necessary to focus on their needs as witnesses and the wider needs of the justice system in securing their evidence. Neither must prosecutors neglect the tension between the rights of victims and the rights of the accused, especially under Article 6 of the European Convention on Human Rights, and prosecutors must remember their wider responsibilities as prosecutors in the public interest.
In their deliberations on the question of good governance and the management of prosecution services, and in particular on systems designed to measure and assess performance, the conference concluded that while qualitative assessment of the work of prosecutors can raise difficulties it is nonetheless important in the interests of accountability and the effectiveness of public prosecution that such measures be adopted to the maximum extent possible.
The next Eurojustice Conference will take place in Lisbon, Portugal in October 2005. It will provide a forum for prosecutors to further develop ideas discussed at the Dublin conference and to discuss legal issues affecting member states in the future.