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Articles found: 302 of 325
Stefano Ruggeri

Inaudito reo Proceedings, Defence Rights, and Harmonisation Goals in the EU Responses of the European Courts and new Perspectives of EU Law

8 May 2016 (updated 1 month ago) // english

I. An Unprecedented Problem in EU Law: Inaudito reo Criminal Proceedings The right to personal participation in criminal proceedings and the problem of in absentia procedures have lain at the core of the EU legislative agenda over the last several years. Before the entry into force of the Lisbon Treaty, Framework Decision 2009/299/JHA amended, inter alia, the EAW Framework Decision, tightening the conditions under which defendants can be surrendered to other Member States in proceedings instituted in the accused’s absence.1 Although this legislative intervention also contributed to the process of indirect harmonisation of criminal procedure law, initiated under the former… Read more

CrasSteven 2014 SW.jpg Steven Cras / Anže Erbežnik

The Directive on the Presumption of Innocence and the Right to Be Present at Trial Genesis and description of the new EU-Measure

1 April 2016 (updated 4 days, 2 hours ago) // english

The article traces the genesis and adoption of Directive (EU) 2016/343 on the presumption of innocence and the right to be present at trial, the fourth measure under the Roadmap on procedural rights. Cras and Erbežnik outline the political debates in Council and Parliament, the compromise reached in trilogues, and the Directive’s main provisions: protection against premature public references to guilt, rules on presentation of suspects, allocation of the burden of proof, the right to remain silent and not to incriminate oneself, safeguards on trials in absentia, and remedies for violations. The Directive largely codifies ECtHR case law while setting EU minimum standards, balancing mutual trust with respect for national legal traditions.

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CrasSteven 2014 SW.jpg Steven Cras

The Directive on Procedural Safeguards for Children who Are Suspects or Accused Persons in Criminal Proceedings Genesis and Descriptive Comments Relating to Selected Articles

1 April 2016 (updated 4 days, 2 hours ago) // english

The article explains the genesis and content of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused in criminal proceedings, the fifth measure of the Roadmap on procedural rights. Cras outlines the legislative negotiations and comments on selected provisions: scope and definition of children, the right to information, mandatory assistance by a lawyer with legal aid, individual assessment, medical examination, audio-visual recording of questioning, safeguards during deprivation of liberty, protection of privacy, and participation in court hearings. The Directive, inspired by international standards such as the UN Convention on the Rights of the Child, introduces binding EU minimum rules and strengthens child-friendly justice, though compromises mean that some protections remain limited.

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Editorial Editorial: 10 Years of eucrim

1 March 2016 (updated 5 years, 1 month ago) // english

Dear Readers, In early 2016, eucrim celebrated its 10th anniversary. I would like to thank everyone who has contributed to this endeavor over the years. Special thanks go to all our readers, authors, the Max Planck team, and the Commission. Without you, the longstanding achievements of eucrim would not have been possible! When we look back on the development of eucrim, it has been an overall success. From the very beginning, eucrim went beyond the original idea of being merely a newsletter on European criminal law. During the past ten years, it has also evolved into a well-known journal for… Read more

Konstantina Panagiannaki

The “Europeanization” of Financial Supervision in the Aftermath of the Crisis

7 December 2015 (updated 1 month ago) // english

In the aftermath of the economic crisis, that began in 2007 in the U.S.A. and spread to the European economy, weakening the EU, every discussion about its causes and how to address them was linked to the absence of a suitable supervisory1 framework. The EU has been accused of lacking sufficient legal tools both at a precautionary level as well as for crisis management.2 Even though the internal market of financial services had been making progress, up until 2007 there were no truly centralized3 mechanisms and tools to supervise financial activities, identify their complexity, their risks and the interconnections between… Read more

Ligeti_online-2021(002).jpg Prof. Dr. Katalin Ligeti

Criminal Liability of Heads of Business A Necessary Pillar in the Enforcement of the Protection of the Financial Interests of the EU

6 December 2015 (updated 4 days, 2 hours ago) // english

The article examines the concept and scope of criminal (and punitive administrative) liability of heads of business in protecting the EU’s financial interests. While the 1995 PIF Convention innovatively introduced such liability, the subsequent PIF Directive dropped it, leaving a fragmented legal landscape across Member States. Ligeti contrasts this with developments in the financial sector, where post-crisis reforms (e.g., the UK Senior Managers’ Regime, CRD IV) strengthen individual liability of senior officials. She argues that inconsistent national approaches create enforcement gaps and undermine legal certainty for managers operating across borders. The article calls for a coherent EU framework that balances effective enforcement of PIF offences with the legal protection of individual heads of business.

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