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Articles found: 177 of 177
Grimaldi_Giuseppe_sw.jpg Giuseppe Ruben Grimaldi

Independence of Public Prosecutors’ Offices
Recent Case Law of the CJEU on the European Arrest Warrant and its Impact on the EU Criminal Justice System

15 February 2021 // english

The independence of the judiciary has been a recurrent issue in the case law of the Court of Justice of the European Union in recent years. In particular, in 2019 and 2020, in a series of new cases concerning the status of national public prosecutors, the Court examined the level of independence necessary for public prosecutors to fall within the concept of an “issuing judicial authority” within the meaning of Article 6(1) of the Framework Decision on the European Arrest Warrant. After an exposition of these cases, this article seeks to investigate the impact of this case law on the EU criminal justice system. Crucially, it is argued that the new case law is likely to change the EAW dynamics that the Member States, especially those that have conferred upon their public prosecutors’ offices the power to issue EAWs, have been relying on so far and, as a consequence, the … Read more

Garamvölgyi_2021_SW.jpg Balázs Garamvölgyi / Ligeti_online-2021(002).jpg Prof. Dr. Katalin Ligeti / Ondrejova_Anna_2021_SW.jpg Dr. Anna Ondrejová / Dr. Margarete von Galen

Admissibility of Evidence in Criminal Proceedings in the EU

2 February 2021 (updated 2 weeks, 4 days ago) // english

With the increase in volume and importance of cross-border investigations in the EU, ensuring the admissibility of evidence gathered in another Member State at trial is crucial − both for efficient law enforcement and for the protection of fundamental rights. At present, the rules on the collection, use, and admissibility of evidence are left to the laws of national criminal procedure of the Member States. These differ extensively as to the collection, use, admissibility, and nullity of evidence and thereby act as an obstacle to the use of cross-border evidence. In order to overcome the present difficulties, this article argues in favour of a new legislative proposal based on Art. 82(2) subsection 2 TFEU laying down common rules for the admissibility and exclusion of evidence in criminal proceedings. The article starts with a short description of the problem and a summary of the current legal framework before turning to the … Read more

Editorial Guest Editorial eucrim 3/2020

2 February 2021 (updated 2 weeks, 4 days ago) // english

Dear Readers, As we approach the end of 2020, we cannot but acknowledge the importance of dialogue with experts. In the field of EU criminal justice, the Commission has always relied strongly on exchanges with experts. The prominent Corpus Juris project of just such a group of experts led by Prof. Delmas-Marty at the end of the 1990s was devoted to the protection of the financial interests of the European Community and included a proposal for a European Public Prosecutor’s Office (EPPO). This groundwork bore fruit. – A true European Prosecution Office, which should soon start its activities in Luxembourg,… Read more

Kotzurek_Magdalena_sw_online.jpg Magdalena Kotzurek

Die Richtlinie 2010/64/EU zum Dolmetschen und Übersetzen in Strafverfahren: Neues Qualitätssiegel oder verpasste Chance?
Zur Umsetzung in Deutschland, Polen und Spanien

5 January 2021 (updated 2 weeks, 2 days ago) // german

About ten years ago, the European Parliament and the Council of the European Union adopted Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings. The Directive initially inspired high hopes, mainly because it explicitly addressed the issue of quality in interpretation and translation services. Its implementation in the EU Member States, however, has tended to be disheartening. Some even fear that current standards may be inferior to those that prevailed before the Directive was implemented. This article analyses the implementation of the Directive in Germany, Poland and Spain, and – taking the changes made to the relevant national legislation in 2013 (Germany and Poland) and 2015 (Spain) as a starting point – sheds light on early tendencies in the judicial interpretation of domestic law. It concludes that up to this day, neither Germany nor Poland nor Spain has fully complied with the Directive’s quality standards for interpretation … Read more

Prof. Dr. Silvia Allegrezza

Information Exchange Between Administrative and Criminal Enforcement: The Case of the ECB and National Investigative Agencies

17 December 2020 (updated 2 months, 1 week ago) // english

The banking system is often at the epicentre of large-scale financial crimes. Recent scandals involving major European credit institutions questioned the role of banking regulators in supporting law enforcement agencies and revealed the weakness of the current interaction between the European Central Bank (ECB) and national actors. Despite its ostensible coherence, the Single Supervisory Mechanism legal framework can prove problematic in terms of efficiency and adequacy in facing global financial crime. This article explores the specific case of information exchange between banking supervisors and criminal investigative authorities at national level. After a descriptive overview of the ECB reporting duties of potential criminal offences, we examine the possibility of a more coherent information exchange system, where a direct channel of communication between the ECB and criminal law enforcement agencies could serve as a better integrated strategy.

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