The Italian criminal law system, unlike the systems in many other European countries, allows the defense to carry out defensive investigations on behalf of his/her client. In this contribution, the shortcomings of the recent European legislation on the matter are analyzed, as well as the issue of the validity in Italian criminal proceedings of defensive investigations conducted by the defense council abroad. The admissibility in the criminal case of defensive investigations conducted abroad by an Italian defense lawyer was, in fact, already rejected ten years ago by the Italian Court of Cassation. The Court stated that the official state instruments of international mutual legal assistance in criminal matters must be used if investigations are carried out abroad. The authors argue in this contribution that this position cannot be upheld in a unified Europe and deserves fundamental reconsideration. They also advocate a European solution of defensive investigations abroad – a possible … Read more

I. Introduction On 26 October 2016, the European Parliament and the Council adopted Directive (EU) 2016/1919 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European Arrest Warrant proceedings. The Directive is the sixth legislative measure that has been brought to pass since the Council adopted its Roadmap on procedural rights seven years ago. The Directive, which completes the roll-out of the Roadmap,1 was a difficult measure to negotiate in view of its potentially considerable financial implications. The final text of the Directive has been welcomed by practitioners, academics, and other interested parties.... Read more

The Commission’s proposal for a directive amending the fourth AML directive raises numerous issues concerning respect of the rights to privacy and to protection of personal data. The main challenges are related to the creation of central and public registries of beneficial ownership information and to the extension of the powers of the financial intelligence units concerning access to financial data. The latter is of utmost concern, as this new power of access to personal data is not balanced with explicit legal guarantees. Financial data, however, are private data deserving adequate protection.

I. Introduction The recent terrorist attacks that struck France and Germany in the past year unfortunately demonstrated that the EU is far from being immune to the worst criminal threats. As a response, the Union adopted the European Agenda on Security1 and an Action Plan to strengthen the fight against terrorist financing.2 In the former, the Commission stressed the need for a new directive on combatting terrorism, while also adopting another Action Plan against the trafficking of firearms and controlling the use of explosives. The latter is part of a comprehensive approach aimed at fighting money laundering and terrorist financing.... Read more

Since the adoption of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances in 1988,1 many efforts have been made to strengthen the anti-money laundering (AML) regime at the international level and also within the European Union, where several directives to this effect have been adopted since 1991.2 The fourth and latest EU Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorism financing (4AMLD) was adopted by the European Parliament and the Council in May 2015 in order to reinforce the efficacy of the European… Read more

Altiero Spinelli (1907-1986) was an Italian politician, political opponent of the fascist regime in Italy and, for this reason, once interned on the island of Ventotene during World War II. On the small southern Italian island in the Gulf of Gaeta, together with Ernesto Rossi and Eugenio Colorni, he wrote the “Manifesto” – entitled “Per un’Europa libera e unita” (For a Free and United Europe) − calling for the establishment of a European federation as a reaction to the destructive excesses of nationalism, which had led to the Second World War. The Manifesto of June 1941 ideologically underpins the idea... Read more