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Editorial Guest Editorial eucrim 1-2015

15 April 2015 (updated 2 weeks, 6 days ago) // english

Dear Readers, Security is among Europeans’ key concerns in 2015.1 Even though ensuring internal security lies primarily with the Member States, the new and more complex threats that have emerged require further synergies at all levels. The European Agenda on Security presented by the Commission on 28 April 2015 highlights the EU’s added value to Member States’ actions. It underlines that the EU needs a solid criminal justice response to terrorism, covering investigation and prosecution of those who plan terrorist acts or are suspected of recruitment, training, and financing of terrorism as well as incitement to commit a terrorist offence.… Read more

Jean Albert / Jean-Baptiste Merlin

Is the EU Ready for Automatic Mutual Recognition … in the Fight Against Crime?

1 March 2015 (updated 2 weeks, 6 days ago) // english

The article examines the prospects for automatic mutual recognition of judicial decisions in EU criminal matters, focusing on freezing and confiscation orders. It outlines the legal basis for mutual recognition under the Lisbon Treaty, contrasts it with harmonisation, and reviews existing instruments and their shortcomings. Drawing lessons from the European Arrest Warrant, the authors argue that mutual recognition can enhance efficiency while preserving legal diversity, provided fundamental rights and proportionality are safeguarded. They conclude that no Member State should become a safe haven for criminals exploiting free movement to shield unlawfully gained assets.

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Romana Panait

Information Sharing between OLAF and National Judicial Authorities The Advantages of a Supranational Structure and the Legislative Limitations Specific to a European Hybrid Body

1 March 2015 (updated 2 weeks, 6 days ago) // english

The article analyses OLAF’s position as a supranational EU body in relation to national judicial authorities, focusing on the sharing of information in fraud and corruption investigations affecting the EU’s financial interests. It outlines the advantages of OLAF’s supranational status—such as recognised competence, speed, and established networks—while detailing legislative limitations stemming from its hybrid nature and reliance on Member States to act on its judicial recommendations. The author examines operational practices, data protection constraints, cooperation with third countries, and the interplay between formal legal frameworks and informal working relationships, concluding with lessons for the future European Public Prosecutor’s Office.

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Nicola Piacente

The Contribution of the Council of Europe to the Fight against Foreign Fighters The Draft Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism 2005

1 March 2015 (updated 2 weeks, 6 days ago) // english

This article examines the Council of Europe’s role in addressing the threat of foreign terrorist fighters through the Draft Additional Protocol to the 2005 Convention on the Prevention of Terrorism. Developed in response to UN Security Council Resolution 2178 (2014), the protocol supplements the “Mother Convention” by requiring State Parties to criminalize conduct such as participation in terrorist associations, receiving terrorist training, travelling abroad for terrorism purposes, and related funding or facilitation. It outlines the scope, definitions, and human rights safeguards built into these offences, situating them within existing international and EU counter-terrorism instruments.

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Chalkiadaki_SW Dr. Vasiliki Chalkiadaki LL.M.

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

1 January 2015 (updated 2 weeks, 6 days 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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Editorial Guest Editorial eucrim 4/2014

1 December 2014 (updated 3 weeks ago) // english

Since the Lisbon Treaty, the concept “Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments” has acquired a constitutional rank. All the European institutions recognise that, in order for the principle of mutual recognition to become effective, mutual trust needs to be strengthened, and that mutual understanding between the different legal systems in the Member States will be one of the main challenges of the future. The promotion of a European legal culture among judges, prosecutors, and judicial staff is considered to be of paramount importance. Unfortunately, since the 19th… Read more