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Bonzanigo_Francesca.jpg Francesca Bonzanigo MLaw / Ludwiczak_Maria.jpg Dr. iur Maria Ludwiczak Glassey

La coopération pénale entre la Suisse et les États membres de l’Union européenne en matière de blanchiment d’argent

3 May 2021 // french

In order to fight money laundering, efficient international cooperation in criminal matters is necessary. As Switzerland is one of the world’s leading financial centres, it is often approached by foreign states, in particular to obtain bank documents. Switzerland grants extensive judicial cooperation in money laundering matters, provided that foreign requests comply with the requirements of Swiss law on international mutual assistance in criminal matters. The purpose of this contribution is to discuss how the Swiss authorities respond to requests for mutual assistance in money laundering matters submitted by EU Member States. The article does not only give insights into the Swiss law but also into the practice to decide on MLA requests as defined by the Swiss federal courts.

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Ludwiczak_Maria.jpg Dr. iur Maria Ludwiczak Glassey

La coopération en matière pénale entre le Parquet européen et la Suisse comme État tiers
Futur ou conditionnel ?

31 October 2019 (updated 1 year, 8 months ago) // french

Mutual assistance in criminal matters between the European Public Prosecutor’s Office (EPPO) and third States, including Switzerland, is a true challenge. The need for cooperation will exist from the very first days of the EPPO’s existence, but its implementation is a problematic issue: on the one hand, the possibilities offered by the Regulation establishing the EPPO raise questions as regards their compatibility with public international law and the basic rules governing mutual legal assistance. On the other hand, Swiss mutual assistance law is not, as it stands, adapted to enable Swiss authorities to cooperate with the EPPO.

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Chiappini_David_SW +tw.jpg David Chiappini

État des lieux des programmes de protection des témoins et des collaborateurs de justice dans le domaine du crime organisé et du terrorisme
Regard croisé du système pénal français à la lumière des instruments internationaux

5 November 2018 (updated 2 years, 8 months ago) // french

Collaborators with justice and witnesses are the most important impact factors when combatting organized crime and terrorism, since they provide information on the goals of criminal groups, on criminal networks, and on planned or committed crimes. Protective measures can be applied to guarantee the personal safety of collaborators with justice as well as witnesses and their relatives both requiring protection. The efforts of European institutions aim to establish common criteria in this field (protection programmes, protection measures for witnesses and collaborators of justice, etc.). For a few years now, the necessity of European legislative instrument has been under discussion. The Council of Europe whose active role on matter has been proven through their recent suggestions on the modernization of their work on witnesses and collaborators protection, has carefully studied this question.

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Marguery_Tony_sw_tw.jpg Dr. Tony Marguery

La confiance mutuelle sous pression dans le cadre du transfert de personnes condamnées au sein de l’Union Européenne

5 November 2018 (updated 2 years, 8 months ago) // french

This article discusses the limits on mutual trust in the context of transfer of sentenced persons following the CJEU’s Aranyosi and Căldăraru judgment. It summarizes the main findings of a recent legal and empirical analysis of mutual recognition cases conducted in five EU Member States: Italy, the Netherlands, Sweden, Romania, and Poland. The research conducted contends that the presumption of mutual trust existing between the EU Member States is a legal fiction. In the context of transfer of a custodial sentence from one country to another based on mutual recognition and mutual trust, failure of the latter can have very negative effects on judicial cooperation and, consequently, on the fight against crime. Non-compliance with individuals’ fundamental rights can undermine the very essence of judicial cooperation and, with it, the European project. Such failure can only be prevented if the EU endeavours to establish and maintain a truly integrated penal policy … Read more

Dubarry_PaulineSW.jpg Pauline Dubarry / Emmanuelle Wachenheim

La naissance d’un Parquet européen – les enjeux de sa mise en œuvre en France

24 October 2018 (updated 2 years, 11 months ago) // french

Since the publication of the Corpus Juris – the fundamental study on the protection of the EU’s financial interests, carried out under the supervision of Professor Mireille Delmas-Mary – the French authorities have considered the establishment of a European Public Prosecutor to be a political goal of utmost importance. The French experts actively participated in the four-year negotiation process and contributed to achieving a balanced and ambitious Regulation. A new chapter was heralded by the adoption of Regulation 2017/1939 on 12 October 2017: the 22 participating Member States must now prepare and adapt their national legal systems and legislation to the establishment of the European Public Prosecutor’s Office. At this early stage of its implementation, it appears relevant to concentrate on two main aspects of the process.

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