Judicial Cooperation in Criminal Matters and Electronic IT Data in the EU:
Ensuring Efficient Cross-Border Cooperation and Mutual Trust (JUD-IT)
The JUD-IT Project (Judicial Cooperation in Criminal Matters and Electronic IT Data in the EU: Ensuring Efficient Cross-Border Cooperation and Mutual Trust) counts with the financial support from the Justice Programme of the European Union (JUST-AG-2016-01).
WHAT IS THE JUD-IT PROJECT ABOUT?
The project aims at developing an in-depth assessment of the rules and judicial and administrative practices followed by national competent authorities in requesting and obtaining data held by service providers and sough in the framework of a criminal investigation in the EU.
JUD-IT Final Outputs
The JUD-IT project has now been finalised.
You can find the JUD-IT Handbook and Final Report HERE
The JUD-IT Project starts from the premise on the need to improve EU internal and external cooperation for cross-border access and exchange of electronic data to be used in criminal proceedings in a way which is consistent, or goes hand-to-hand, with EU criminal law and fundamental rights standards. It will contribute to enhance the effectiveness of EU mutual legal assistance/mutual recognition instruments by identifying, testing, and disseminating practical solutions and promising experiences in obtaining electronic data, and in full respect of the EU legal standards and fundamental rights. To enhance the effectiveness and efficiency in the utilisation of existing EU mutual recognition and assistance instruments, JUD-IT will deliver the following results:
Provide high-standard academic research on transferable promising practices and practical and legal challenges experienced by judicial, administrative and legal actors when trying to gather different types of e-data held by private companies under exisiting EU judicial cooperation instruments, and through the EIO and EU MLATs in particular: Report.
Carry out a consistency check of current Member states practices and domestic implementing legal/judicial and administrative frameworks for the access and exchange of e-data in light of standing EU law and the EU Charter standards: e-Handbook/Guidelines.
Produce a new statistical gathering of information on frequency, quantitative uses and scope of EU MLATs and exchange of evidence requests to provide a statistical coverage on their utilisation and efficiency: Statistical Repository.
Identify areas for improvement in cooperation on access to e-data under existing EU MLAs instruments and the EIO, and explore ways in which current the EIO and different MLAs instruments for the exchange of e-data in criminal investigations and proceedings could be streamlined, and improved: Promising Practices.
Map and interlink the interests and needs of judicial authorities, legal practitioners and relevant law enforcement authorities in a selection of EU Member States, and find consensus on common challenges and ways forward: Task Force and Practitioners Workshop.
Foster the exchange of knowledge and mutual learning processes between judicial authorities and legal practitioners, as well as national ministries, law enforcement agencies across the EU, EU policy makers, the private sector, and civil society organisations; and contributing to cross-border networking and mutual learning actitivities between judicial and administrative authorities and the legal professions: Training Sessions and e-Training Module.
Develop and disseminate common standards for obtaining digital data cross-border (Events); and put forward a set of policy recommendations to address any identified operational deficits which may be addressed without utilising existing EU MLAs frameworks, and mutual recognition proceedings under EU law: Policy Brief and Final Policy Report.
Publish the research results in high-standards academic venues, including articles in academic journals and a collective volume.
JUD-IT is led and coordinated by CEPS, a Brussels-based think tank with more than 35 years of experience on EU policy research. It will be implemented by a new consortium of Universities and institutions across the EU: European University Institute (EUI), Central European University (CEU), Vrije Universiteit Brussel (VUB), Aristotle University of Thessaloniki (AUT), Maastricht University (UM), University of Luxembourg (UL), Uppsala University (UU), and Fair Trials Europe (FTE).
At the heart of the partnership is CEPS Justice and Home Affairs (JHA) section, coordinated by Dr. Sergio Carrera. CEPS will ensure durable links between JUD-IT results and the practical work of national authorities, judicial and legal practitioners, EU institutions and agencies, and the private sector. It will provide JUD-IT with a platform where practitioners and institutions interact with the best qualified academics, relevant civil society and business representatives.
The JUD-IT partners are Europe's leading experts in EU criminal law, cross-border judicial cooperation, fundamental rights law, privacy and data protection. They were chosen on the basis of their geographic provenance, complementary experience in developing outstanding research, studies, evaluations, and impact assessments for the EU institutions. Each expert in the JUD-IT network has a proven track-record in elaborating cutting-edge policy recommendations and guidelines on issues of direct relevance for the Call.
The partnership is well equipped to carry out data collection in 28 MS, counting on both the in-house capacities of the JUD-IT national partners, and the involvement FTE and its Legal Experts Advisory Panel (LEAP). While the JUD-IT national partners will conduct in-depth data-collection and analysis in a selection of 13 EU Member States, FTE will ensure JUD-IT with a pan-European dimension, and facilitate the involvement of defense lawyers throughout the project. EUI is especially well positioned to perform the JUD-IT training activities, given its consolidated and successful collaborations with the European Judicial Training Network (EJTN) and within the EUI Centre for Judicial Cooperation.
JUD-IT research will count with the review of a Scientific Committee composed by Prof. Mitsilegas, who is a prominent EU criminal law expert specialised in cross-border judicial cooperation issues. Another JUD-IT core strength lies in the involvement of an Advisory Board.
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