15 January 2019

Public Event (Invitations Only)

Brussels, Belgium


Summary

'EVIDENCE2e-CODEX: Meeting the Legal Community' Workshop was a one-day workshop engaging the legal community (prosecutors, law enforcement, judiciary, lawyers, policy advisors, etc.) with the project achievements and goals. The event took place on 15 January in Brussels, Belgium.

More than 60 experts gathered to discuss and network over presentations from project partners and stakeholders. The event opened with the project findings on the implementation of European Investigation Order, presented by Prof. Dr. Jeanne Mifsud Bonnici (University of Groningen). The presentation covered the most teething problems identified with respect to the EIO process, the way respondents perceived operational, technical and administrative realities and their initial experience on the implementation of Art. 1 (3). Ms Johnson (University of Vienna) was to present the project findings on data protection implications but due to illness her presentation was postpone for the next workshop in March 2019.

Further on, Charlotte Anne (INTERPOL) initiated a smooth transition towards the technical part of the morning with a presentation on e-MLA project and its findings, which raised a lot of questions and discussions from the audience. The session ended with a presentation from DG Justice and Consumers’ representatives Cristian Nikolau and Djamila Ben-Miloud currently working on the development of the EC-funded e-Evidence Digital Exchange System.

Due to the lengthy discussions and the interest of the participants the EVIDENCE2e-CODEX’s presentation on the Electronic Evidence Exchange Technical Tools developed under the project was left for the end of the day.

The afternoon brought us extremely interesting discussions presented the views of the three main stakeholders’ branches – magistrates, lawyers, and private entities e.g. ISPs, on the EIO & MLA implementation.

The panel discussion on the EIO & MLA co-existence from the perspective of judges and prosecutors was chaired by Dr. Maria Angela Biasiotti (CNR-ITTIG) and included interventions from panelists: Fabrizia Bemer (Ministry of Justice, Italy), Jorge Espina and Teresa Magno (EUROJUST), Ianina Lipara (European Judicial Network), Eirik Tronnes Hansen (Prosecution, Norway), and Pedro Verdelho (General Prosecution Office, Portugal).

The second discussion introduced the perspective of the defense lawyers and was chaired by Simone Cuomo (CCBE). Their opinions on the current level of implementation and the respective prospects of further developing EIO and MLA gave James Macguill, Iain Mitchell, and Jiri Novak, representing the vision of both the Criminal Law and IT Law Committees of CCBE.

The final session discussed the EIO and MLA investigatory access to data held by private entities (e.g. ISPs) with important contributions by Lani Cossette (Microsoft), Mārcis Laiviņš (State Police, Latvia) and Laure Wagener (Vodafone).

The event welcomed officials from the European Parliament, the Council of Europe, EC DG Justice and Consumers, EC DG Migration and Home Affairs, INTERPOL, EUROJUST, EUROPOL, OLAF, EDPS, EDPB, European Judicial Network, representatives of the ministries of justice of Italy, Austria, Spain, and the Netherland, the prosecuting authorities of the Netherlands, Belgium, Spain, Latvia, Germany, Norway, and Portugal, CCBE and the bar associations of Germany, Austria, Spain, the Czech Republic and Belgium, as well as experts from ISPs, academia and NGOs working in the fields of e-justice and judicial cooperation.

The event was jointly organized by INTERPOL, CCBE and LIBRe Foundation with contributions of other project partners.

More information and materials can be found in the Events Section of the website.



Venue

Press Club Brussels Europe

95 Rue Froissart, 1040 Brussels, Belgium

Tel: +32 (0) 2 201 37 05



Agenda

Tuesday, 15 January 2019

09:00 – 09:30

Registration

09:30 – 09:45

Welcome and Project Introduction

Maria Angela Biasiotti, CNR-ITTIG, Italy - EVIDENCE2e-CODEX Project Coordinator

John Barry, INTERPOL

09:45 – 10:45

Findings from the EVIDENCE2e-CODEX Legal Issues Survey

Report on the implementation of EIO, Prof. Dr. Jeanne Mifsud Bonnici, University of Groningen, the Netherlands

Report on data protection and other fundamental rights issues, Emily Johnson, University of Vienna, Austria

10:45 – 11:15

e-MLA Initiative

Charlotte Anne, Legal Officer, INTERPOL

11:15 – 11:30

Coffee Break

11:30 – 12:00

e-Evidence Digital Exchange System

Djamila Ben-Miloud, European Commission

12:00 – 12:45

Electronic Evidence Exchange Technical Tools

Fabrizio Turchi, CNR-ITTIG, Italy & Nikolaos Matskanis, CETIC, Belgium

12:45 – 13:45

Lunch

13:45 – 15:00

Panel Discussion: EIO & MLA Co-existence from the Perspective of Judges & Prosecutors

15:00 – 15:15

Coffee Break

15:15 – 16:00

Panel Discussion: EIO & MLA from a Defence Lawyer's Perspective

16:00 – 16:45

Panel Discussion: EIO & MLA Investigatory Access to Data Held by Private Entities e.g. ISPs

16:45 – 17:30

Concluding Remarks



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