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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 6 years, 6 months ago) // english

I. Introduction On 20 October 2010, the European Parliament and the Council adopted Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings.1 The Directive is the first legislative instrument in the field of criminal law that has been adopted under the rules of the Lisbon Treaty, and it is the first measure of the Council’s “Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.”2 The adoption of the Directive provides interesting insight into the concrete application of the Lisbon Treaty, and it marks a significant step in the process of strengthening the procedural... Read more

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

Desterbeck_sw..jpg Francis Desterbeck / Delphine Schantz

Asset Recovery in the UNCAC Convention: Possibilities and Limitations

14 August 2009 (updated 1 week ago) // english

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

Editorial Editorial first eucrim issue 1-2/2006 From Agon to eucrim

15 September 2006 // english

I. Developing new visions and models for the cooperation and integration of the national European criminal law systems in the supra-national European context is one of the most challenging tasks for criminal lawyers in the 21st century. This new challenge is caused by the fact that European integration not only fosters the coalescence of European citizens and economies, but also an increase in trans-national crime. In a close economic community, it is no longer possible to deal with such phenomena of trans-national crime using traditional national criminal law systems, based on judicial decisions which are principally limited to national territory… Read more