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Garcimartín Montero.jpg Prof. Dr. Regina Garcimartín Montero

Mutual Recognition of Judgements in Criminal Matters Involving Deprivation of Liberty in Spain

3 July 2020 (updated 4 years, 11 months ago) // english

Council Framework Decision 2008/909/JHA of 27 November 2008 “on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union” was implemented in Spain by the introduction of new rules into the Mutual Recognition Act. Achieving social rehabilitation is the core objective of the Framework Decision. This has also practical consequences for the implementation of this instrument, for example requiring ties on the part of the sentenced person with the executing State. Some of the most controversial procedural issues in Spain are analysed in this article, including the consent of the sentenced person and the grounds for the adaptation of the sentence by the executing State under Spanish law.

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Tinoco Pastrana (1).jpg Prof. Dr. Ángel Tinoco-Pastrana

The Proposal on Electronic Evidence in the European Union

3 July 2020 (updated 4 years, 11 months ago) // english

This article examines the origin, foundations and main features of the proposal of the European Union to facilitate cross-border access to electronic evidence, which was presented by the European Commission in April 2018. The creation of advanced solutions for the transnational gathering of electronic evidence in the EU is a very current and important issue, and is complemented with other actions carried out at an international level. Respect for the principle of proportionality must be particularly relevant in order to achieve the proper functioning of the new scheme. The main idea is that certificates of judicial orders will be transmitted directly to the legal representatives of online service providers. These new instruments of judicial cooperation (consisting of a Regulation and a Directive) aim at facilitating and accelerating judicial authorities’ access to data in criminal investigations in order to assist in the fight against crime and terrorism. They should reduce response … Read more

Valbuena González_new (1).jpg Prof. Dr. Félix Valbuena González

Harmonization of Procedural Safeguards of Suspected and Accused Persons State of the Matter in Spain

3 July 2020 (updated 4 years, 11 months ago) // english

After giving a brief overview of the major developments in the harmonization of procedural safeguards for suspected and accused persons in the European Union, this article focuses on the legal reforms that were necessary to implement four of the six adopted EU Directives on procedural safeguards into Spanish national law. This concerns the transposition of the Directives on interpretation/translation, on information, on access to a lawyer and communication with third parties, and finally on legal aid. The main aspects of the transpositions into the Spanish legal order are explained and deviations from the requirements of the Directives pointed out. Pending developmental issues, the article enables the reader to reflect the true status of the suspect and accused person in Spain after the reforms that were triggered by the EU acts.

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Schroeder_Werner_sw.jpg Prof. Dr. Werner Schroeder LL.M. (Berkeley)

Limits to European Harmonisation of Criminal Law

1 April 2020 (updated 4 years, 8 months ago) // english

The harmonisation of criminal law and criminal procedure in the EU is subject to specific conditions, which differ from those generally applicable to the approximation of laws in the Union. Specific limits may result from the rules of competence set out in Art. 82 et seq. TFEU, from EU fundamental rights, or from constitutional conditions applicable in certain Member States. These factors can impede the negative approximation of national criminal law systems through mutual recognition as well as the positive approximation through EU secondary law. Furthermore, if serious doubts arise as to whether the rule of law is fully respected by Member States participating in the Area of Freedom, Security and Justice, the premise for any form of judicial cooperation in criminal matters in the EU is no longer valid.

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