The ongoing spread of social networking pages such as Facebook and Google+ recently sparked the interest of German security agencies. In a statement of 14 July 2011, the federal government acknowledged the relevance and conduct of criminal investigations on social networking pages. The government takes the view that the pseudonymous participation does in general not require a specific legal basis since there is no legitimate expectation of privacy on websites which do not require a verification of identity by registration. This view is partly shared in legal writing and refers to a relatively vague section in a recent judgment of the federal constitutional court. The article analyses that argument and reveals that it is too undifferentiated for a transfer to social networks and thus not in accordance with the constitutional requirements in Germany.

The first Association was formally constituted in Rome in October 1990. Today, there are 32 associations altogether, representing all the Member States (except Cyprus), plus Croatia, San Marino, Switzerland, and Turkey. AGON, the bulletin of the Associations, was first published in April 1993. It was replaced by eucrim in 2006. The Associations meanwhile function as a network and serve as a forum in the field of European criminal law and the protection of the financial interests of the European Union. They are made up of representatives from the legal and judicial professions (academics and practitioners) as well as other law… Read more

The article examines the investigative role of the European Anti-Fraud Office (OLAF) and the procedural rights implications arising from its anti-fraud activities.

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.

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

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