The judicial control of the activities of prosecutors within criminal proceedings constitutes an important issue in every legal system. It is particularly important at the pre-trail stage of proceedings, when the prosecutor is responsible for many actions, and of lesser importance at the judicial stage of the proceedings, when the court takes over. However, the issue of judicial control of prosecutors’ actions may warrant special attention once the European Public Prosecutor’s Office (hereinafter the “EPPO”) is established.1 When it comes to prosecutorial actions, the EPPO will be subjected to the control of the national courts.2 Therefore, it will be necessary… Read more

I. Introduction About ten years ago, the Netherlands changed its extradition procedure governing the relationship with other EU Member States. Since 11 May 2004, extradition with other EU Member States is regulated under the Surrender of Persons Act (Overleveringswet).1 Since that date, requests for extradition by other EU Member States that have implemented the Framework Decision on the European Arrest Warrant2 fall under a specific structure that is different from the classic structure laid down in the Dutch Extradition Act (Uitleveringswet).3 Under this classic structure, a request for extradition is dealt with by the Dutch Minister of Safety and Justice.… Read more

In spring of 2014, the Court of Justice published two rulings that are remarkable for different reasons and share one common trait: both judgments fall short of expectations. One of the tasks of the Court of Justice is interpretation of EU legal acts by means of preliminary rulings. National judges may request the Court to clarify provisions of EU law or even the validity of an EU legal instrument. In the past decades, this has led to several landmark rulings that have shaped EU law.1 Through its jurisprudence, the Court has established a number of fundamental principles by giving elaborate… Read more

The steps forward of the European Communities or of the European Union have always been quite associated with the names of the cities where the crucial decisions − very often long prepared in advance in Brussels, Strasbourg or elsewhere − were presumed having been finally taken: Rome, Maastricht, Amsterdam, Nice, Lisbon… The same is true of the turning points in the field of Justice and Home Affairs after the entry into force, in November 1993, of the Treaty establishing the European Union (the Maastricht Treaty). Immediately after the entry into force of the Amsterdam Treaty, on 1st of May 1999,… Read more

The article reflects on the trajectory of EU criminal law and the Area of Freedom, Security and Justice (AFSJ) after the Lisbon Treaty and the Stockholm Programme, in view of the upcoming “Rome Programme” (2015–2020). Herlin-Karnell identifies eight key points for the future: strengthening the rule of law as the backbone of AFSJ; adopting a holistic approach linking criminal law to the wider acquis; building mutual trust through mutual recognition; addressing border control and migration in relation to criminal law; regulating cybercrime and safeguarding data protection; ensuring effective application of the Charter of Fundamental Rights; dealing with opt-outs and differentiated integration; and clarifying the external dimension and role of EU agencies. The article concludes that the Rome Programme should serve as an opportunity to reaffirm rule of law and human rights as guiding principles for EU criminal law.

The article traces the genesis, negotiations, and content of Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and European Arrest Warrant (EAW) proceedings. Inspired by Salduz case law, the Directive sets detailed rules on access to a lawyer from the earliest stages of proceedings, including during questioning and investigative acts, and introduces safeguards on confidentiality, derogations, and remedies. It also innovates by granting requested persons in EAW cases the right to appoint a lawyer in the issuing state. The author highlights the political compromises among Member States and with the European Parliament, noting that the Directive constitutes a milestone in the EU roadmap on procedural rights, balancing high protection standards with prosecutorial interests.