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Billis_Emmanouil Dr. Emmanouil Billis LL.M.

Der rechtliche Rahmen zur Bekämpfung der Terrorismusfinanzierung in Griechenland

1 January 2015 (updated 2 months, 1 week ago) // german

This paper was commissioned in order to contribute to the crucial research conducted by the Max Planck Institute for Foreign and International Criminal law in the field of the financing of terrorism. It presents in a systematic way the main legal framework and counter-terrorism policies in Greece, as well as the activities of criminal justice authorities, police agencies, and other (private) actors involved in the fight against the financing of terrorist activity. It shows that Greece has implemented most of the major international counter-terrorism provisions in a coherent yet not uncritical way as far as their content is concerned, despite the ongoing controversy regarding the role of the traditional protective principles of criminal law in these fairly new fields of criminal investigation and prosecution.
It has not, however, been possible to avoid the sometimes unfeasible parallel existence of multiple legal norms, such as the substantive penal rules defining terrorism and … Read more

Chalkiadaki_SW Dr. Vasiliki Chalkiadaki LL.M.

The French “War on Terror” in the post-Charlie Hebdo Era

1 January 2015 (updated 2 months, 1 week ago) // english

The article analyses France’s counterterrorism policy in the wake of the January 2015 Charlie Hebdo attack. It traces the evolution of French counterterrorism law since 1986, highlighting shifts after major attacks, and examines post-Charlie measures including expanded intelligence powers, new databases, reinforced offences on glorification and preparation of terrorist acts, and strengthened frameworks against terrorist financing. The author discusses the rapid legislative response, its focus on surveillance and law enforcement capacities, and the tensions it raises between security objectives and the protection of fundamental rights.

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van_Ballegooij_Wouter.jpg Dr. Wouter Van Ballegooij

Better Regulation in European Criminal Law Assessing the Contribution of the European Parliament

1 December 2014 (updated 2 months, 1 week ago) // english

The entry into force of the Lisbon Treaty on 1 December 2009 resulted in a number of important changes for the democratic accountability of European criminal law. Among them is the enhanced role of the European Parliament as regards the adoption of EU legislation in this area. This coincides with the Charter of Fundamental Rights of the European Union (EU Charter) achieving binding status.1 A new European Parliament was installed in July 2014, followed by the confirmation of the Commission presided over by Jean-Claude Juncker. Together with the Council, these European institutions now have the obligation to make a convincing… Read more

Androulakis_Ioannis_neu-sw Prof. Ioannis Androulakis

European Perspectives on Rights for Victims of Crime

1 December 2014 (updated 2 months, 1 week ago) // english

I. Introduction: The EU framework on victims’ rights Unlike other initiatives seeking to consolidate the area of “freedom, security and justice,” it would be justified to consider the EU action on victims’ rights as a clear success story. Improving the rights, support, protection, and participation of victims in criminal proceedings, alongside capturing and punishing the offenders, has been a focus of Union policy during the past few years, especially since the need for action in this field had been identified as a strategic priority by the Commission in the Action Plan implementing the Stockholm Programme of the European Council.1 The… Read more

Magherita Cerizza

The New Market Abuse Directive

1 September 2014 (updated 2 months, 1 week ago) // english

I. Directive 57/2014 and Regulation 596/2014: The New Legal Framework Against Market Abuse in the European Union Traditionally, the protection of market integrity and of investors’ confidence has been mainly guaranteed through extra-penal measures, such as the infliction of administrative sanctions by independent regulators or the right for investors to raise civil lawsuits against intermediaries. In recent years, the strategic role assumed by financial markets in modern economic life, the frequent crises that originated from this system as well as their catastrophic effects on global economies have led to an increase in the use of criminal law. Criminal law is… Read more