• Citer

Do you have a hit ? Exchange of information between EU criminal Justice bodies and agencies

par Briere, Chloe
Editeur scientifique Turmo, Araceli;Billet, Carole
Référence Coopération opérationnelle en droit pénal de l'Union européenne, Bruylant, https://www.larcier.com/fr/cooperation-operationnelle-en-droit-penal-de-l-union-europeenne-2020-9782802764755.html, Ed. 1, page (231)
Publication Publié, 2020

Partie d'ouvrage collectif

• Détails
• Contenu

Résumé :

Over the last two years, the institutional landscape of the EU area of criminal justice has profoundly changed. The new instruments adopted since 2016 (or currently under negotiation) insist of the importance of developing inter-agency cooperation, reflected by the introduction of general provisions on relations with partners, and specific provisions addressing cooperation with specific actors. If sometimes these provisions are only repeating previously agreed principles and formalising existing arrangements, they also present some key innovations. One of these innovations in the insertion of mirroring provisions grant access on the basis of a hit/no hit system to data stored and processed by each actor. These provisions establish new mechanisms of inter-agency operational cooperation, aiming at enhancing the mutual cooperation between EU agencies and bodies, and at establishing links between data in the possession of the different agencies/bodies, This development constitutes an important step forward in inter-agency cooperation. It favours an increased exchange of information between EU agencies and bodies, which may in turn create new opportunities for operational cooperation within their respective mandates, and limit the risks of duplication. However, this evolution also presents challenges. For instance, the access to data is not always granted on a reciprocal basis, some actors being instructed to give access to their data without obtaining a similar access to the data managed by others. The chapter focuses on the new legal framework established by the instruments recently adopted or currently negotiated, mapping the novelties introduced and the consequences that their implementation will entail for the different agencies and bodies. In doing so it addresses the advantages introduced and pinpoint the gaps and challenges faced. More generally, in a context in which inter-agency cooperation is promoted and supported, the chapter places this evolution in the broader evolution of the EU area of criminal justice, marked notably by the increasing inter-operability between information management systems and databases. In particular, the paper tests whether the introduction of a new specific form of operational inter-agency cooperation can qualify as a form of inter-operability between the databases managed by the EU criminal justice agencies and bodies.