Abstract
Article 89 TFEU takes into account a different and peculiar situation than that covered by Article 87 TFEU in a way also overcoming the limits established by chapter 5, concerning the sole police cooperation. The provision at issue, indeed, regulates the situation where two or more MS have the need to start an operative cooperation as a consequence of which the police and judical authorities in criminal matters of a MS act on the territory of another MS.
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Notes
- 1.
Police authorities understood as the authorities that may be involved in police cooperation pursuant to Article 87 TFEU.
- 2.
Cf. Guille (2010).
- 3.
Some hypotheses of this type are foreseen by Articles 40 and 41 of the Convention.
- 4.
Decision 2008/615/JHA then provides for a series of provisions on the use of weapons and uniforms in a country other than the one to which the officer belongs, civil and criminal liability, and the employment relationship of officers who operate cross borders.
- 5.
- 6.
Council Act of 29 May 2000 establishing in accordance with Article 34 of the Treaty on European Union the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, O.J. C 197/1 (2000).
- 7.
Council Framework Decision 2002/465/JHA on joint investigation teams, O.J. L 162/1 (2002). The Framework Decision itself will cease to have effect after the 2000 MLA Convention has entered into force in all MS.
- 8.
Pursuant to Article 62 of the Brexit Agreement, the UK competent authorities may continue to participate in the joint investigation teams in which they were participating before the end of the transition period, where those investigation teams were set up either in accordance with Article 13 of the MLA Convention or in accordance with Council Framework Decision 2002/465/JHA. By way of derogation from Article 8 of the Agreement, UK shall be entitled to use, for no longer than 1 year after the end of the transition period, the Secure Information Exchange Network Application (SIENA) to the extent strictly necessary for the purpose of exchanging information within the joint investigation teams.
- 9.
The terms in accordance with which a JIT operates vary from case to case, but they are based on the model JIT agreement as appended to Council Resolution (2017/C 18/01).
- 10.
The composition of the team shall be set out in the agreement.
- 11.
Members of the joint investigation team from MS other than the MS in which the team operates.
- 12.
In order to improve collaboration through JIT, and in order to disseminate this tool in the MS, the Council established a Network of National Experts on Joint Investigation Teams (the JITs Network): the national experts’ role is to facilitate the work of practitioners in the MS, in association with Europol and Eurojust in their supportive role to JITs.
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Milazzo, P. (2021). Article 89 [Interstate Cooperation]. In: Blanke, HJ., Mangiameli, S. (eds) Treaty on the Functioning of the European Union – A Commentary. Springer Commentaries on International and European Law. Springer, Cham. https://doi.org/10.1007/978-3-030-43511-0_90
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