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Articles found: 173 of 173
Bachmaier_Lorena 2018-2_bw.jpg Prof. Dr. Lorena Bachmaier

Fundamental Rights and Effectiveness in the European AFSJ
The Continuous and Never Easy Challenge of Striking the Right Balance

1 June 2018 (updated 2 years, 2 months ago) // english

In the context of the European Union’s area of freedom, security and justice (AFSJ), “the need to strike the right balance” between the effectiveness of criminal prosecution and cooperation in criminal matters, and the protection of fundamental rights, but also between the primacy of EU law and national constitutions, is a core goal. By addressing two precise scenarios, this article attempts to show how the “needed balances” are understood. This analysis will further serve to show whether the EU is moving in the right direction in the field of cooperation matters. The first scenario will focus on the protection of fundamental rights in cross-border investigations within the context of EPPO proceedings under Regulation (EU) 2017/1939. Secondly, a number of aspects regarding the European Arrest Warrant are analysed. The author argues that, even if the AFSJ is advancing in quite a measured way, much can still be done to improve the … Read more

Elena E. Popa

A Game of Chance
The Future of the AFSJ

1 June 2018 (updated 1 year, 11 months ago) // english

Abstract: The article offers a critical reflection on the ongoing debate over the “Future of Europe” scenarios envisioned in the European Commission’s White Paper of 1 March 2017. Five potential scenarios are described, which enable a peek into the future, and the article explores whether the European Union’s status quo should change towards a new, ambitious vision or just continue muddling through. The desirability and feasibility of the most favoured scenario (“those who want to do more do more” − a multi-speed Europe) will be tested in the Area of Freedom, Security and Justice (AFSJ). It will be argued that the clash between the three supposedly interlinked notions of freedom, security, and justice is the main obstacle hindering more coherence and uniformity in this area. This will be demonstrated by analysing the “root of the problem,” i.e., prison overcrowding.

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Editorial Guest Editorial eucrim 1/2018

1 June 2018 (updated 2 years, 3 months ago) // english

Dear Readers, Since the launch of the project to establish a European Public Prosecutor’s Office, concerns have continuously been voiced over the standard of protection of fundamental rights in criminal proceedings. The criticism is directed at the European Union firmly moving towards a more efficient prosecution, but disregarding the need for strengthening the protection of fundamental rights in transnational criminal proceedings. It has been constant during the past decades, gaining momentum after implementation of the 2002 Framework Decision on the European Arrest Warrant (FD EAW). The Commission could no longer ignore the critical voices being raised by academics, human rights... Read more

Bovend'Eerdt.jpg Koen Bovend’Eerdt LL.M.

The Commission Proposal Amending the OLAF Regulation

1 June 2018 (updated 2 years, 3 months ago) // english

On 23 May 2018, the Commission published its Proposal for a Regulation amending Regulation (EU, Euratom) 883/2013 and the accompanying Staff Working Document. This brief article sets out (I) the main outcomes of the evaluation of Regulation 883/2013 completed in late 2017, (II) the objectives and scope of the Commission proposal, and (III) the main proposed changes and their rationale.

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Maesa_bw.jpg Costanza Di Francesco Maesa

Effectiveness and Primacy of EU Law v. Higher National Protection of Fundamental Rights and National Identity
A Look through the Lens of the Taricco II Judgment

1 June 2018 (updated 1 year, 11 months ago) // english

The European Court of Justice (ECJ) finally delivered a judgment that puts an end to the so-called Taricco saga − at least for the time being. More importantly, this Taricco II judgment (Case C-42/17 – M.A.S. & M.B.) deals with the relationship between the principles of primacy, effectiveness, and direct effect of EU law, on the one hand, and the concept of national (and particularly constitutional) identity of the Member States, on the other. It also addresses the extent of the possibility for Member States not to apply EU law if it conflicts with an overriding principle guaranteed by their national constitution. In this context, the article aims to assess, firstly, whether the Court overruled its Melloni doctrine with this judgment. Secondly, the article analyses whether the Court, at least implicitly, answered the sensitive question of who is the ultimate judge responsible for assessing whether the “identity clause” enshrined in … Read more

Prof. Sabino Cassese

Il coraggio che serve all’Europa – The Courage that Europe Needs

17 April 2018 (updated 2 years, 3 months ago) // english

Free translation from Italian into English by Francesco de Angelis and Indira Tie from an article written by Professor Sabino Cassese
With its recent decision of 20 December 2017, the European Union – the most ingenious political construction of the 20th century – reminded Poland that common values have to be respected. Since it is the first time in the history of the Union that this has ever happened, this event deserves reflection.

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