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Articles found: 258 of 278
Collins_Anthonny_sw Anthony Michael Collins

Judicial Control of the EPPO: the Role of the Court of Justice

22 May 2024 (updated 19 hours ago) // english

This article examines the exercise by the Court of Justice of the European Union of its judicial review jurisdiction with respect to the European Public Prosecutor's Office. It describes the Court of Justice’s activities in the framework of the Area of Freedom, Security and Justice, of which the European Public Prosecutor’s Office is a key element, before examining the Court’s jurisdiction to review the legality of measures taken by the European Public Prosecutor's Office and a number of cases in that context.

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Rinceanu-1_sw Dr. Johanna Rinceanu LL.M. (Washington, D.C.) / Randall Stephenson-5_sw Dr. Randall Stephenson LL.M. (Columbia), M.St., D.Phil. (Oxon)

Differential Diagnosis in Online Regulation

Reframing Canada’s “Systems-Based” Approach

22 April 2024 (updated 1 month ago) // english

In February 2024, following Germany’s “Netzwerkdurchsetzungsgesetz”, the European Union’s Digital Services Act, and the United Kingdom’s Online Safety Act, Canada exploited its “second mover” regulatory status by introducing its long-awaited Bill C-63. Through its Online Harms Act and related amendments, it proposed an innovative “systems-based risk assessment” model for regulating harmful online content. In this article, the authors argue that any truly “systems-based” approach will benefit from regulatory insights and prescriptions informed by the following two interdisciplinary sources. First, both constitutional and media law scholars endorse stepping outside conventional regulatory models by employing more “context-based” or holistic approaches—a regulatory turn seemingly consistent with Canada’s pivot towards an innovative “systems-based” model. Second, exploring further the synergies between law and medicine introduced in our previous Digital Iatrogenesis eucrim article, any enhanced framework aimed at “cracking the code” of digital media regulation will benefit from profound insights native to social medicine and diagnostic … Read more

Petr_Jan_sw_square2_AI Jan Petr

EPPO Cases in Data

Examples from Czechia on the (Problematic) Measurement of the Effectiveness of EPPO Investigations

19 April 2024 (updated 1 month ago) // english

In June 2023, the European Chief Prosecutor described the level of effectiveness of criminal investigations falling within the scope of the European Public Prosecutor’s Office (EPPO) in the Czech Republic as low. This article aims to determine whether any data can verify or refute this statement. Incorporating relevant data from the EPPO’s annual reports and statistics from national law enforcement authorities, the author shows that the effectiveness of the investigations does not differ dramatically from that of other economic crimes in the Czech Republic. On the contrary, the majority of cases investigated by the EPPO generally record a higher clearance rate than the national average. The clearance rate of EPPO cases even further improved in 2023 as statistical data submit.

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deSchamp_Korneel_sw Korneel De Schamp / Ute Stiegel_sw Dr. Ute Stiegel LL.M.

The Impact of the European Commission’s Rule of Law Report in Monitoring the Prevention and Fight against Corruption

8 April 2024 (updated 1 month ago) // english

This article discusses the European Commission’s role in preventing and fighting corruption by means of its annual Rule of Law Report. The authors present the anti-corruption pillar of the Report, in which the EU Member States’ frameworks in preventing and fighting corruption are regularly assessed, and which outlines the Commission’s recommendations to all Member States in this area. In addition, the article describes broader synergies that exist in conjunction with other policy initiatives and tools, such as the new EU network against corruption, the Conditionality Regulation, and the Recovery and Resilience Plans.

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Kuhl_Lothar_Neu Dr. Lothar Kuhl

New Instruments in Cohesion Policy – Implementation Practice by EU Institutions

4 April 2024 (updated 1 month ago) // english

This article is linked with the article by Iwona Jaskolska that introduced the new instruments protecting the cohesion budget against rule-of-law breaches (→ related link). It outlines the practical implementation of the two complementary but independent legal procedures: the Conditionality Regulation and the horizontal enabling conditions under the Common Provisions Regulation (CPR). They have been applied so far in relation to two EU Member States: Hungary and Poland.
The first part of the article analyses the Commission’s rule-of-law assessment of both countries and the Council’s follow-up with respect to Hungary within the framework of the Conditionality Regulation mechanism. The second part looks at the important restrictions on possible requests for reimbursement under the 2021-2027 cohesion policy programmes that were imposed in parallel against Poland and Hungary in accordance with the CPR horizontal enabling conditions on the implementation of the Charter on Fundamental Human Rights.

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Iwona Jaskolska

New Instruments Protecting the 2021-2027 Cohesion Budget against Rule-of-Law Breaches

4 April 2024 (updated 1 month ago) // english

This article introduces the main legal instruments at the EU level to protect the EU’s financial interests with a special focus on the budget for cohesion measures. It features the Regulation on a general regime of conditionality for the protection of the Union budget (Conditionality Regulation) against breaches of the principles of the rule of law, and the cohesion policy common provisions Regulation which provides horizontal enabling conditions applicable to all its financing objectives (CPR).

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