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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 // 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

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 1 month 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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Dubarry_PaulineSW.jpg Pauline Dubarry / WachenheimSW.jpg Emmanuelle Wachenheim

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

24 October 2018 (updated 1 month 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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Giovanni Bana / Lucio Camaldo / Marina Troglia

Feuille de route et droits de la défense
Les enquêtes défensives à l’étranger

1 April 2017 // french

The Italian criminal law system, unlike the systems in many other European countries, allows the defense to carry out defensive investigations on behalf of his/her client. In this contribution, the shortcomings of the recent European legislation on the matter are analyzed, as well as the issue of the validity in Italian criminal proceedings of defensive investigations conducted by the defense council abroad. The admissibility in the criminal case of defensive investigations conducted abroad by an Italian defense lawyer was, in fact, already rejected ten years ago by the Italian Court of Cassation. The Court stated that the official state instruments of international mutual legal assistance in criminal matters must be used if investigations are carried out abroad. The authors argue in this contribution that this position cannot be upheld in a unified Europe and deserves fundamental reconsideration. They also advocate a European solution of defensive investigations abroad – a possible ... Read more

Maxime Lassalle

La révision de la quatrième directive anti-blanchiment à la lumière

9 December 2016 (updated 1 day, 14 hours ago) // french

The Commission’s proposal for a directive amending the fourth AML directive raises numerous issues concerning respect of the rights to privacy and to protection of personal data. The main challenges are related to the creation of central and public registries of beneficial ownership information and to the extension of the powers of the financial intelligence units concerning access to financial data. The latter is of utmost concern, as this new power of access to personal data is not balanced with explicit legal guarantees. Financial data, however, are private data deserving adequate protection.

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