12th Eurojustice Conference

24 – 25 September 2009 – Estonia, Tallinn

 

CONCLUSIONS

 

 

The 12th Annual Eurojustice Conference, bringing together Prosecutors General of the Member States of the European Union and other invited states and international organisations, met in Tallinn from 24 to 25 September 2009. The Conference addressed various aspects of new challenges to successful prosecution, which are of particular interest to prosecution services.

 

The following conclusions were adopted:

 

  1. The Conference recognises that the global financial crisis and the subsequent economic downturn have reduced revenues and the ability of some countries to finance adequately all public services, including the administration of justice. However, the Conference is of the opinion that sufficient funding of the legal system is essential for the rule of law and to ensure compliance with fundamental rights. The Conference, drawing attention to Article 5 of Recommendation of No. 19 (2000) of the Council of Europe, considers it necessary to emphasize that reasonable conditions of service, such as salary, secure employment and a pension in keeping with their role, must be ensured by law or policy to all prosecutors.

 

  1. The Conference emphasises the need for countries to increase the efficiency of the criminal justice system and, if allowed by law, set priorities in the fight against crime. Law enforcement and the administration of justice must, even when resources are limited, be kept at a level which maintains public confidence in the rule of law.

 

  1. The Conference deems it important that criminal proceedings follow the principle of the presumption of innocence and do not impair the integrity of the administration of law. The leaking of confidential data relating to proceedings is not acceptable, even as part of defence tactics. States should take measures to protect sensitive investigation data from being disclosed prior to court proceedings. States should, in co-operation with Bar Associations and the media, introduce the concept that any publication in the media shall be in compliance with the principles of the presumption of innocence, the integrity of the administration of justice and the protection of personal data, at the same time providing for the openness of court proceedings and freedom of the media

 

  1. Terrorism, organised crime and other serious crimes force countries to seek more effective ways to gather evidence against criminals. One way of being successful in detecting high conspiracy crime is to break the trust between criminals, by encouraging one or more of the offenders to collaborate with the law enforcement authorities and, in return, reducing the person’s punishment or even granting full immunity against prosecution. The Conference recommends that such procedures should be provided for by law and their application  be in line with the principles of a fair trial. States must ensure the security of persons who have agreed to collaborate.

 

  1. The 12th Eurojustice Conference convened in Tallinn welcomes the prospect offered by the idea of setting up a Consultative Group made up of EU Member States’ Prosecutors General and Directors of Prosecuting Authorities, in order to offer EU policymakers a wider basis for defining political priorities and common trends in the field of criminal justice, in line with the Statements made at the 2007 and 2008  Eurojustice Conferences held in Portoroz and Edinburgh. The Conference also acknowledges the part played by Eurojust in this initiative.