Legal cooperation between Europe and Latin America: "It is necessary to improve our collaboration"

Legal relations between Europe and Latin America are gaining momentum by the day and their effective functioning is key to combating organised crime on both sides of the Atlantic. A crucial issue in achieving the general and legal protection in these countries, in addition to facilitating social and economic development. There are already systems for coordination between institutions in the different states, however, we are at a key moment to further strengthen their consolidation.

The regulatory and institutional reality reveals an increase in the working tools available to all of the states’ legal operators, from the territorial units of the Public Prosecutor’s Offices’ to bodies that culminate in national jurisdictions. As a consequence, there has been a quantitative and, more importantly, a qualitative increase in requests for cooperation between different national authorities.

In addition, following community-based models, more sophisticated cooperation instruments are being imposed on both continents. This is the case in the creation of joint investigation teams or rules facilitating the execution of transnational warrants for the arrest of suspects or for the protection of witnesses.

However, in order that these mechanisms exist and that results are obtained, coordination systems are necessary. Professional networks are an essential mechanism and extremely practical. Furthermore, there is a need, indeed a great need, for inter-agency coordination systems.

The European Union has its own bodies, that carry out their own functions in relation to crimes committed in its different states, as is the case of the recently created European Public Prosecutor's Office, or that facilitate coordination between national legal authorities, frequently public ministries, as is the case of Eurojust. 

Between Latin America and several European states there are institutions of a certain tradition that in recent times have made progress with their results. These include the Conference of Ministers of Justice of the Ibero-American Countries (COMJIB), the Ibero-American Judicial Summit (CJI) and the Ibero-American Association of Public Prosecutor’s Offices (AIAMP). All of them facilitate the relationships between the different groups they comprise and they have established foundations for their work in coming years. 

Fighting organised crime requires a greater effort in coordination and cooperation. Personal and legal protection, as well as economic and social development, means not exhausting efforts exclusively in the operation of assistance systems between the different legal operators. In a globalised world, it is not enough to apply systems which begin to lack any relevance at state or even continental borders, especially with the economic, cultural and family flow that exists between Latin America and the European Union, especially its southern states. 

Coordination between the community and national institutions of the Latin American states has begun, but it is not enough. In today's interdependent world, cooperation is imperative to meet common challenges. Our knowledge and our actions complement and reinforce each other. The proper functioning of the fight against organised crime in pursuit of greater legal protection and economic and social development requires support through more effective cooperation formulas that go beyond strictly legal aspects. And the current moment is undoubtedly key.

Antonio Roma Valdés, Spanish Prosecutor and coordinator of the EL PAcCTO Cooperation Between Justice Systems component

EL PAcCTO is a European Union-funded programme managed by FIIAPP and Expertise France with its partners IILA and Camôes. The objectives for the Cooperation Between Justice Systems component led by FIIAPP include promoting cooperation and coordination between institutions in Latin America and Europe. The high-level virtual meeting organised on 23rd September took place within the framework of this component.