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Editorial Guest Editorial eucrim 4/2012

1 December 2012 (updated 1 month, 2 weeks ago) // english

Dear Readers, I am very pleased to introduce this issue of eucrim, devoted to the fight against organised crime − a very complex criminal phenomenon covering a wide range of serious offences threatening the security and fundamental rights of EU citizens, the proper functioning of business and public institutions, and the solvency of the economy and financial markets. To tackle organised crime and bring criminals to justice, competent authorities of Member States and EU agencies need to work together, align their actions, and ensure complementarity. Eurojust’s core tasks, ensuring proper cooperation and coordination, contribute to these goals, resulting in swiftly… Read more

Editorial Guest Editorial for eucrim 1-2012

5 March 2012 // english

Dear Readers, In 2009, the Group of States against Corruption (GRECO) − the Council of Europe’s body responsible for monitoring the implementation of the anti-corruption instruments of the organisation, including the Criminal and Civil Law Conventions on Corruption and three “soft law” instruments – celebrated its tenth anniversary. Three evaluation rounds have so far been completed. A fourth round is being launched in 2012, which will focus on corruption in the judiciary and in parliaments. Over the last decade, most of the 49 GRECO Member States have done much to improve their laws, institutions, and working methods to prevent and… Read more

Desterbeck_sw..jpg Francis Desterbeck

The Payment of Fiscal and Social Debts with Seized Money, that Has to Be Reimbursed, in Belgium Where Treasury, Social Security, and Justice Meet

14 August 2011 (updated 1 month ago) // english

By law of 27 March 2003, the Central Office for Seizure and Confiscation (COSC) was created in Belgium. The new institution, established within the Office of Public Prosecutors, assists the judicial authorities in criminal matters in the areas of seizure of assets, the implementation of criminal procedure with a view to the confiscation of assets, and the enforcement of final and conclusive sentences and orders involving confiscation of assets.1 One of the forms of assistance consists of the management of all cash, seized in criminal matters all over the country. By law of 20 July 2005, a new provision was… Read more

Editorial Editorial eucrim 4-2010

14 December 2010 // english

Dear Readers, On the eve of 2011, eucrim can look forward to celebrating its fifth anniversary: the first issue was published in 2006. The idea for the creation of eucrim came about in 2003 at the Strafrechtslehrertagung, the regular meeting of law professors in the German-speaking world, where the development of European criminal law was discussed. During these deliberations, remarks highly critical of Europeanisation but supported by incomplete and misleading information were made, and participants complained about a lack of information in the field of European criminal law. To improve this unsatisfactory situation, I proposed in the discussion that the… Read more

CrasSteven 2014 SW.jpg Steven Cras / Luca De Matteis

The Directive on Interpretation and Translation in Criminal Proceedings Genesis and Description

1 November 2010 (updated 1 week, 1 day ago) // english

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.

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Ester Herlin-Karnell Prof. Dr. Ester Herlin-Karnell

The Lisbon Treaty: A Critical Analysis of its Impact on EU Criminal Law

17 August 2010 // english

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 … Read more