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Transatlantic Adequacy and a Certain Degree of Perplexity
The very least that one can say or write about the cooperation in criminal matters between the EU and the US is that it has intensified since 2001. The EU and its bodies that deal with criminal matters – Eurojust and Europol – have concluded agreements with US authorities. However, the data protection provisions in several of these agreements have raised eyebrows. The exchange of personal data is a crucial tool in judicial and law enforcement cooperation in criminal matters. The EU as an entity, but also Eurojust and Europol, entered into negotiations with the US in order to regulate… Read more
Editorial for
Issue 2/2010
Editorial Guest Editorial
Dear Readers, The Lisbon Treaty, which entered into force at the end of 2009, mandates the Union to establish a true European area of justice reinforcing mutual trust and enabling mutual recognition of Member States’ judicial decisions. This will require, among other considerations, elements as diverse as the strengthening of Eurojust, the establishment of a European Public Prosecutor’s Office (EPPO), the reform of the European Anti Fraud Office (Office Européen de la Lutte Anti-Fraude − OLAF), and common minimum standards in the justice process (such as fair trial rights, fair prison conditions, and rights for victims of crime). At the… Read more
Solutions Offered by the Lisbon Treaty
Introduction The Lisbon Treaty aims at further developing an area of freedom, security and justice without internal frontiers, and the prevention and combating of crime is seen as one of the premises in order to strengthen the creation of such an area (Article 3 TEU). Member States are faced with crises of criminality in the era of globalisation: following economic and social trends, crime tends to assume a transnational dimension and a complex structure, and individual States cannot manage to deal with this phenomenon. Moreover, freedom of circulation within the EU can lead to further difficulties in fighting criminality. This… Read more
European Criminal Justice under the Lisbon Treaty
Before the entry into force of the Treaty on European Union of 1991, the cooperation in matters of internal security took place at the level of international relations between particular Member States − in the legal sense, outside the European Communities.1 The Treaty on European Union formed the architecture of European integration by attaching different forms of intergovernmental cooperation to Community policies. In this way, the three-pillar system was established. The cooperation between the EU Member States was described as “the cooperation in the fields of justice and home affairs.” This area includes police and judicial cooperation in criminal matters… Read more
Asset Recovery in the UNCAC Convention: Possibilities and Limitations
The United Nations Convention against Corruption (UNCAC), adopted on 31st October 2003, entered into force on 14th December 2005. To date, 143 States have ratified the instrument. Most of the Member States of the European Union are State parties. UNCAC is the first international instrument that provides a comprehensive response towards tackling public and private corruption worldwide. The main purpose of the Convention is to combat important manifestations of corruption at the global level. Corruption affects all countries, but, in particular, presents a serious obstacle to economic and social development and undermines the work of the legal and administrative institutions… Read more
Editorial for
Issue 1/2006
Editorial Editorial first eucrim issue 1-2/2006 From Agon to eucrim
I. Developing new visions and models for the cooperation and integration of the national European criminal law systems in the supra-national European context is one of the most challenging tasks for criminal lawyers in the 21st century. This new challenge is caused by the fact that European integration not only fosters the coalescence of European citizens and economies, but also an increase in trans-national crime. In a close economic community, it is no longer possible to deal with such phenomena of trans-national crime using traditional national criminal law systems, based on judicial decisions which are principally limited to national territory… Read more