Latest editorials All articles


Articles

Articles found: 261 of 281
Marc Engelhart_2023_quadrat PD Dr. Marc Engelhart

Compliance with the EPPO Regulation

Study Results on the “Implementation” of Council Regulation (EU) 2017/1939 in the Member States

12 June 2024 // english

The European Public Prosecutor’s Office, being the largest project in the history of European Criminal Law, is based on Council Regulation (EU) 2017/1939 (“the EPPO Regulation”) but has nevertheless required substantial adjustments to national criminal law in order to function. This article presents the results of a compliance study commissioned by the European Commission to assess whether the national legislation of the 22 Member States participating in the EPPO is in conformity with the EPPO Regulation.

Read more
Csonka_online.jpg Peter Csonka / Lucia Zoli

The New Directive on the Violation of Union Restrictive Measures in the Context of the EPPO

12 June 2024 // english

This article outlines the new Directive on the violation of Union restrictive measures (EU sanctions), adopted on 24 April 2024. This legislation, initiated by the European Commission in the aftermath of Russia’s war of aggression against Ukraine, above all aims to harmonise across the Member States criminal offences and penalties for the violation of EU sanctions, to strengthen the enforcement of EU sanctions, and to facilitate the confiscation of assets subject to EU sanctions. Lastly, the article examines the possible extension of the competence of the European Public Prosecutor’s Office (EPPO) to the criminal offences harmonised by the new Directive.

Read more
Checcarelli_sw.jpg Danilo Ceccarelli

Status of the EPPO: An EU Judicial Actor

27 May 2024 (updated 1 month, 1 week ago) // english

This article analyses the institutional role of the European Public Prosecutor’s Office (EPPO) in the context of the European Union’s legal framework and underlines the nature of its prosecutorial and judicial authority in the Member States. Against this background, the author reflects on whether the current legal and institutional framework provides sufficient institutional safeguards to protect its independence and the independence of its prosecutors, both at the central and domestic levels. According to the author, institutional safeguards exist to protect the independence of the office as a whole, but they are not sufficient to protect the prosecutors. A significant legal vacuum exists with regard to their career progression and to disciplinary procedures involving them, but it is especially the appointment procedure that is not in line with basic rule-of-law principles, which guarantee the independence of prosecutorial and judicial bodies. Institutional safeguards are in place, however, as regards the dismissal of … Read more

Collins_Anthonny_sw Anthony Michael Collins

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

22 May 2024 (updated 1 month, 3 weeks 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.

Read more
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 2 months, 3 weeks 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 2 months, 3 weeks 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.

Read more