08 giugno 2015 |
Moving Forward on Judicial Cooperation in Europe: Can the Italian Anti-mafia Database be taken as an Example?
Abstract. Article 86(1) TFEU provides for the possibility of the establishment of the European Public Prosecutor's Office at Eurojust. However, the reform wished by Article 86(1) needs to be backed by two substantial reforms: the first, is the recognition of more powers to EU agencies; the second, is the creation of an adequate flow of information to the new Prosecutor's office. This article aims at discussing how the further improvement of the European Criminal Record Information System can actually help fight cross-border serious crime. The model suggested by this article is to replicate the Italian anti-Mafia information system to support judicial cooperation in Europe.
SOMMARIO: 1. Introduction. - 2. The project of the European Criminal Record. - 3. European agencies and the Meroni doctrine. - 4. Majone criticised. - 5. Was Majone right? The latest development in delegation to EU agencies in the light of the "ESMA" case. - 6. The protection of privacy and human rights. - 7. A proposal for the enhancement of ECRIS. - 8. Is it time for a revolution at Eurojust? - 9. Conclusions.