29 November 2018
Category : Opinion
The importance of more effective international judicial cooperation
Antonio Roma, coordinator of cooperation between justice systems at EL PAcCTO, reflects on the role and value of international judicial cooperation within the framework of the projectAntonio Roma at a meeting of EL PAcCTO
Today, international judicial cooperation is a necessity for all countries. In particular, if we talk about the European system, we have gone from cooperation between states to cooperation between judges of states, without the need to go through a centralised control system of administrative authorities. In that regard, in Europe, we therefore have extensive experience based on a principle of integration.
With the objective of developing this integration, at EL PAcCTO—a project financed by the European Union and managed by FIIAPP, and in collaboration with the Italo-Latin American Institute and the Camões Institute of Portugal—we work to strengthen effective judicial cooperation with Latin America. The region is full of professionals—true professionals, for that matter—who work in their respective countries and who are highly competent. However, the structures they have for working in international judicial cooperation remain very dependent on cooperation between states. At EL PAcCTO, we can go as far as the will of the states determines, since it is an on-demand project.
In any case, we are making a very strong commitment to facilitating cooperation systems, by increasing the acts of cooperation available to them. It is not about allowing them to help foreign judges or foreign prosecutors, but about giving them the best conditions to request help abroad: to open their borders to the world in order to receive information and investigate the crimes they are dealing with.
We are working through several lines: for example, we are facilitating an update of international cooperation laws to give them access to the new techniques that inevitably arrive. The truth is that crime advances so fast, money moves so fast, and the perpetrators of crimes cross borders so quickly, that any attempt to continue with a scheme based on cooperation between states typical of the mid-twentieth century leads to few results.
Organised crime requires being very up-to-date, and to achieve this, picking up the pace is very important. For this reason, we are working on the creation of joint investigation teams and other innovative cooperation techniques between states, and also in relation to cybercrime, because the existing forms of cooperation in this area, such as instant contacts between the state police and fiscal authorities, are in need of an update.
We are also establishing a line of work that is being used by different nations to facilitate computer technical systems. In this way, the system users, i.e. the prosecutor or the policeman who is on the last corner of the state border, will have the mechanisms to not only get the information, but also the facility to prepare cooperation events with other states. All of this will be made simple, facilitating the work of all parties and ultimately promoting greater international cooperation between them.
In short, EL PAcCTO is not based on training courses or on knowledge updates; instead we seek to have an effect which is as direct and practical as possible and, therefore, to learn by doing but also and, above all, by improving structures, systems and techniques.
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