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Guest Editorial eucrim 3-2024
19 December 2024 (updated 8 months, 3 weeks ago)Articles
(Non-)Extradition in the Nord Stream Case and the Limits of Executing State Authority in Mandatory European Arrest Warrant Proceedings Summary and Analysis of the Italian Supreme Court Judgment No. 1428/25 of 15 October 2025 in K
On 15 October 2025, the Italian Supreme Court (Corte Suprema di Cassazione) halted the surrender of a former Ukrainian military officer from Italy to Germany. The requested person was sought by the German authorities for “sabotage” in connection with the attacks on the Nord Stream gas pipelines in the Baltic Sea in 2022. The Supreme Court annulled the decision of the Bologna Court of Appeal, which had previously authorised surrender. The judges in Rome expressly rejected the approach according to which the executing authority in a European Arrest Warrant (EAW) proceeding may reclassify the issuing authority’s designation of a “list offence” under Art. 2(2) of the Framework Decision on the European Arrest Warrant for purposes of determining domestic custodial or procedural measures. This article explains the reasoning of the Supreme Court’s ruling and comments on its implications. The author concludes that the Court’s approach paradoxically strengthens, rather than diminishes, the … Read more
New Challenges for Investigating EU External Spending
The proposed European Union’s budget for external action is €200 billion for the 2028–2034 period , supporting development, humanitarian aid, and foreign policy worldwide. The EU is facing mounting budgetary challenges, including greater complexity, the emergence of new international actors with approaches differing significantly from those of traditional donors, an overall decrease in funding, and shifting geopolitical priorities. These developments escalate the risk of fraud and misuse, as financial instruments and partnerships are becoming increasingly layered and cross-border in nature. This article highlights how investigators cope with these new challenges: they must adopt innovative solutions, including the use of artificial intelligence for real-time data analysis and anomaly detection, and they must also be trained in advanced technologies.
The authors emphasise that enhancing international cooperation and building trust with both established and emerging partners are crucial for effective investigations. Public-private partnerships also offer promising avenues for detecting and preventing fraud across …
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Editorial for
Issue 2/2025
Editorial Guest Editorial eucrim 2-2025
Dear Readers, While internal and external security remain key priorities for the European Union, they require constant adaptation to the evolving crime situation and geopolitical context. As the April 2025 EU Security Strategy (ProtectEU) puts it, the current threat landscape is stark: the line between hybrid threats and open warfare is becoming increasingly blurred, and hostile states are waging hybrid campaigns against the EU across online and offline domains to disrupt our societal cohesion and democratic processes. As Europol outlines, powerful organised crime networks are proliferating in Europe, most with extra-EU connections, penetrating our economy and affecting our society. Cryptocurrencies… Read more
Financial Penalties Reloaded – New Treaty between Germany and Switzerland
The Treaty between the Federal Republic of Germany and the Swiss Confederation on cross-border police and judicial cooperation (German-Swiss Police Treaty), concluded on 5 April 2022, puts the cross-border cooperation between the two neighbouring States on new footing. This article deals with Arts. 45 - 55 in Chapter VI of the Treaty, according to which the two States Parties provide mutual assistance in enforcing decisions by which an authority or a court of one of the States has imposed a financial penalty for violations of road traffic regulations. Following Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties, Chapter VI now closes the gap for Germany when it comes to “financial penalties/road traffic offences“ with regard to Switzerland, the only neighbouring State that is not an EU Member State. The article also shares first practical experiences with Switzerland, which have been highly positive.
Read moreEuropean Preservation and Production Orders: A Non-Exclusive Approach to E-Evidence within the EU Implications of the Union Legislator’s Choice to Derogate from the Precedence of Union Law in the E-Evidence Regulation
The 2023 e-evidence Regulation – the new mutual recognition instrument introducing Preservation and Production Orders to obtain e-evidence from service providers – includes a provision allowing issuing authorities to decide freely whether to use this new instrument or to resort to alternative ones, even if they are not based on EU Law. This may enhance the efficiency of e-evidence gathering, but it could also have negative implications for several other issues. This article outlines the pros and cons of the legislative approach taken in the regulation of e-evidence in the EU. The author stresses that the competent issuing authority should assess all relevant factors to ensure an informed decision on the appropriate legal basis for requesting e-evidence from abroad.
Read moreThe EU-UNODC Relationship in the Context of Anti-Corruption Efforts A Collaborative Approach to Global Integrity
The relationship between the European Union (EU) and the United Nations Office on Drugs and Crime (UNODC) in the context of anti-corruption efforts represents a multi-dimensional and strategic partnership that responds to the complexity of global corruption challenges. This article explores the collaboration between the EU and UNODC, which has recently picked up speed. The article emphasises the shared goals of combating corruption globally, strengthening rule-of-law frameworks, and creating multileveled synergies in response to emerging global contests. It also examines specific milestones, such as the EU-UNODC Anti-Corruption Dialogue and the implications of recent geopolitical shifts, including some State actors’ reduced involvement in international anti-corruption initiatives. The author concludes that multilateral collaboration among regional and international actors, involving the participation of relevant national, local, and sectoral stakeholders can provide a robust tool for combating adaptive corruption – one that is both apt and thorough.
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