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The Directive on Interpretation and Translation in Criminal Proceedings Genesis and Description
The article traces the genesis and content of Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings – the first criminal law measure adopted under the Lisbon Treaty and the initial step in the Council’s Roadmap on procedural rights. It outlines the background of failed earlier initiatives, the political dynamics between the Commission, Member States, and the European Parliament, and the negotiations that led to the final text. The Directive sets common minimum standards for interpretation and translation, including communication between defendants and their lawyers, translation of essential documents, and quality assurance. It represents a landmark in strengthening fair trial rights and an early test case for post-Lisbon EU criminal law legislation.
Read moreThe Lisbon Treaty: A Critical Analysis of its Impact on EU Criminal Law
The Lisbon Treaty has opened up a new chapter in the history of European criminal law.
The purpose of this analysis is to guide the reader through the main changes in this area, as introduced by the Lisbon Treaty. Therefore, the present analysis is a follow-up to previous work by the author before entry into force of the Lisbon Treaty − thereby seeking to provide an account of the status of EU criminal law post-Lisbon Treaty. The paper has been structured into seven sections. Section one deals with a short introduction to the evolution of criminal law at the EU level. Section two outlines the framework of the criminal law in the Lisbon Treaty. Section three deals more specifically with the emergency brake and enhanced cooperation procedure as well as the possible establishment of a European Public Prosecutor. Thereafter, Section four looks more broadly at the Court of Justice’s jurisdiction in …
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Editorial for
Issue 3/2010
Editorial Guest Editorial
Dear Readers, Aled Williams I am delighted to introduce this issue of eucrim, which is devoted to the external dimension of EU criminal justice. The importance of the topic is clear. A young woman stands on a street corner in an industrial town somewhere in the EU. She has been trafficked into the Union from a thousand kilometres outside its borders for sexual exploitation. She has a drug habit which feeds on cocaine shipped halfway across the world. Her exploiters channel the profits from her virtual slavery (and that of many others) through financial transactions that span the globe, corrupting… Read more
Transatlantic Counter-Terrorism Cooperation After Lisbon
Introduction EU-US counter-terrorism cooperation has been an area of EU external relations with substantial growth in the recent past. The political momentum for such cooperation was boosted post-9/11 and resulted in the conclusion of a number of international agreements between the European Union and the United States. Concluded primarily under the third pillar, these agreements have been subject to considerable criticism in Europe, both in terms of democracy and legitimacy and in terms of substance and the compatibility of their content with fundamental rights. These issues are now due to be reviewed following the entry into force of the Lisbon… Read more
Editorial for
Issue 1/2010
Editorial Guest Editorial
Dear Readers, The decision by the eucrim editors to dedicate this entire issue to data protection confirms that data protection is increasingly relevant and also at the heart of European criminal law. An area of freedom, security and justice without internal borders can only exist if the national police and judicial authorities are able to exchange information as needed to fulfil their tasks. The use and exchange of information relating to persons also requires a solid and consistent system of data protection, not least because of technological developments. The term “surveillance society” is often used as a metaphor for a… Read more
Data protection in the EU - Challanges Ahead
Introduction The processing of personal data has become an inherent part of the daily life of Europeans, for example when booking a flight ticket, transferring money, applying for a job, or just using the Internet for private purposes. Nobody wants to miss out on the advantages of modern technologies. Sometimes individuals provide their personal data simply because they choose to do so. But sometimes data is collected without consent and often without the knowledge of the individuals concerned. The protection of personal data is becoming more and more relevant as technology develops and the possibilities increase to use and misuse… Read more