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Articles found: 213 of 213
Pierpaolo Rossi-Maccanico LL.M.

A Reasoned Approach to Prohibiting the Bis in Idem
Between the Double and the Triple Identities

24 January 2022 // english

The ne bis in idem protection in Art. 50 CFR restricts the ability of EU and national enforcement authorities to prosecute or punish the same defendant for the same criminal offence more than once. Under the Member States’ legal traditions, the notion of “same offence“ or idem requires a triple identity: of the offenders, the material facts, and the protected legal interests. A broader notion of idem that only requires a double identity is laid down in Art. 54 CISA, which entails the prohibition of double prosecution of the same offender for the same “material acts”. The CJEU’s case law is inconsistent: sometimes the Court requires double identity, thus giving effect to Art 54 CISA (as far as intra-state judicial cooperation is concerned), while requiring triple identity in other cases, in particular in the area of competition law. With the Menci judgment the CJEU aligned the interpretation of the notion … Read more

Yamuza_F_sw-photo.jpg Dr. Florentino-Gregorio Ruiz Yamuza

Compensation for Unjustified Detention and the European Arrest Warrant

24 January 2022 // english

This article sheds light on the compensation for unjustified detention that occurred while carrying out the European Arrest Warrant. First, the article exposes the reality of the lack of regulation of this matter and the necessity of having a normative reference at the level of the European Union. Second, it highlights the relationship between compensation and the fundamental rights of the detained person and therefore with the provisions of the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Third, it also outlines the frequently occurring difficulty of establishing the unjust or arbitrary nature of detention, especially when it comes to the enforcement of an extradition request. Fourth, the article describes some of the problems related to determining the Member State that should assume the compensation and reflects on the appropriate compensation procedure.

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Reynders_Didier_sw.jpg Didier Reynders

Digitalising Justice Systems to Bring Out the Best in Justice

22 December 2021 // english

This special contribution outlines the recent Commission proposals on digitalisation of EU justice systems. On 1 December 2021, the European Commission adopted three initiatives that will make digital communication channels the default channel in cross-border judicial cases, thus translating one of the priorities set out in last year's Communication on the Digitalisation of Justice into action.

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Constantinescu_online (002) Aura Amalia Constantinescu / Jurma_Anca_online Dr. Anca Jurma

Typologies of EU Fraud
Study by the National Anticorruption Directorate, Romania

17 November 2021 (updated 2 months ago) // english

Until the European Public Prosecutor’s Office was set up, the competence for investigating and prosecuting criminal offenses against the financial interests of the EU in Romania belonged to the specialized anticorruption prosecution office, the DNA (National Anti-Corruption Directorate). The DNA looks back on 18 years of experience in tackling this type of criminality, which has resulted in a significant number of court decisions. An analysis carried out by the DNA in 2019, which was based on data obtained from convictions handed down during the period 2015-2018, brought to light the main typologies of EU fraud. The study revealed that the most frequently occurring cases of fraud concerned the claims for payment of agricultural subsidies and the implementation of projects with non-reimbursable financing. Most defendants involved in these cases operated in the private sector. However, even civil servants from the responsible authorities or mayors were also convicted for participating in EU … Read more

Echanove Gonzalez de Anleo_Julia Julia Echanove Gonzalez de Anleo / Kolloczek_Nadine_online Nadine Kolloczek

The European Anti-Fraud Office and the European Public Prosecutor’s Office : A Work in Progress

17 November 2021 (updated 2 months ago) // english

The European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO) are the two investigative bodies at the EU level that together will effectively detect, investigate, and protect the EU’s financial interests by combining the strengths of an administrative investigation with those of a criminal investigative approach. This article outlines in concrete terms how this cooperation is being organised. It illustrates how both offices have been equipped to follow the trail of money irregularly spent on criminal organisations, fraudsters, and corrupt individuals. It also explains the links between the two offices, the new legal framework at the basis of their cooperation, and their operational relationship. Lastly, the authors give a preview of future challenges and opportunities, with a view to outlining improvements that will contribute to the common goal of both bodies: the protection of the EU’s financial interests.

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