Apresentação

O presente blog foi criado em Janeiro de 2005.
Tem como linha de orientação não comentar processos ou casos concretos, menos ainda o que tenha a ver com a minha profissão, estando o meu site de Advogado aqui nele se mantendo o mesmo critério.

Canalizo para a rede social Linkedin as notícias que se reportam à vida jurídica internacional. O mesmo faço na rede social Twitter.

Email: joseantoniobarreiros@gmail.com

José António Barreiros




Cooperação judiciária e policial na área penal

A cooperação entre as autoridades judiciárias e polícias na área do intercâmbio de informação reforça-se. De acordo com um relatório que pode ser lido aqui:

«Co-operation between the police and judicial authorities of the EU’s Member States has increased significantly in the last decade. This analysis looks at three recent developments and finds a number of issues of major concern.

The European Criminal Records Information System

The ECRIS is intended to permit the exchange of information extracted from criminal records between Member States’ judicial authorities. The primary intention is to ensure that individual’s prior convictions can be taken into account if they face new criminal proceedings in a different Member State.

However, the desire for a swift and systematic exchange of information has led to the development of a highly problematic system. It is marked by serious gaps in data protection, a reliance on potentially untrustworthy automated translation, and a significant lack of oversight.

The European Police Records Index System

The legislation to establish EPRIS is currently being developed by Council Working Parties and Europol. It is intended to provide national police forces with the ability to search each others’ databases, to find out if and where information and “intelligence” (hard and “soft”) on individuals can be found. The insistence of the Commission and a small group of Member States for its development has been already been questioned, partly due to concerns for the potential establishment of an EU-wide police database. Greater scrutiny of this measure is urgent.

The Information Exchange Platform for Law Enforcement Authorities (IXP)

The IXP is the most recent of the three developments, and proposes to centralise access to all the EU’s law enforcement information exchange instruments. Its development is still in the early stages, but a suggestion to extend access to the European Union’s bureaucracies - including to a number of Directorate-Generals of the European Commission, and the General Secretariat of the Council – would breach the “separation of powers” between the lawmakers and the law enforcement agencies (whose job is to implement the law).  As with the EPRIS, greater knowledge and scrutiny of the proposed system is vital»