14 August 2019 (updated 1 week, 2 days ago)
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Paving the Way for Improved Mutual Assistance in the Context of Customs Fraud
An introduction to Regulation (EU) 2015/1525
I. Introduction Customs fraud is a growing phenomenon, which causes significant damage to the Union’s financial interests. The losses resulting from some of the most common types of customs-related fraud (i.e., misdeclaration of origin, misdescription of goods, and misuse of the transit system) are estimated at around €185 million per year.1 Under Article 325 of the TFEU, it is the responsibility of the Union – as well as its Member States – to protect the EU’s financial interests. Given the scale of the problem, coupled with the growing threat of transborder crime, the importance of combating customs fraud and ensuring... Read more
Können die Regelungen über die Zusammenarbeit der EU-Mitgliedstaaten bei der Strafverfolgung kurzerhand aufgehoben werden?
The European Union performs numerous tasks. In order to carry out these tasks, the Union relies on money that is provided for by the Member States, including customs duties. This article initially describes the principles of the legal framework within which Member States
- levy customs duties;
- investigate criminal offences committed in this context;
- cooperate with one another.
In particular, the article stresses that the levying of customs duties, on the one hand, and criminal prosecution, on the other, serve different purposes, for which the European Union and the national legislators have established separate legal rules. As a consequence, different regulations for administrative procedure, on the one hand, and criminal procedure, on the other, must be simultaneously observed.
The article subsequently deals with Art. 12 of Regulation (EC) No 515/97 as amended by Regulation (EU) 2015/1525 of 9 September 2015. This new provision seeks to establish that information collected as part of administrative ... Read more
One of the main goals of imprisonment is to facilitate the reintegration of offenders into socie-ty. This is better achieved if offenders are sent to prison where they would like to settle upon release. Since German nationals are serving prison sentences in Taiwan and Taiwanese na-tionals are serving prison sentences in Germany, for a number of years both countries have been interested in reaching an agreement that permits the execution of custodial sentences in the other state. Because of Germany's One-China policy, the conclusion of a binding treaty under international law is not an option. Instead, transfers must be regulated in each country's domestic legislation. Taiwanese law additionally requires an agreement with the executing state, which is now contained in the arrangement between the German Institute Taipei and the Taipei Representative Office in Berlin on the Transfer of Sentenced Persons and Cooperation in the Enforcement of Penal Sentences, signed on ... Read more
Inaudito reo Proceedings, Defence Rights, and Harmonisation Goals in the EU
Responses of the European Courts and new Perspectives of EU Law
I. An Unprecedented Problem in EU Law: Inaudito reo Criminal Proceedings The right to personal participation in criminal proceedings and the problem of in absentia procedures have lain at the core of the EU legislative agenda over the last several years. Before the entry into force of the Lisbon Treaty, Framework Decision 2009/299/JHA amended, inter alia, the EAW Framework Decision, tightening the conditions under which defendants can be surrendered to other Member States in proceedings instituted in the accused’s absence.1 Although this legislative intervention also contributed to the process of indirect harmonisation of criminal procedure law, initiated under the former... Read more
The Directive on Procedural Safeguards for Children who Are Suspects or Accused Persons in Criminal Proceedings
Genesis and Descriptive Comments Relating to Selected Articles
I. Introduction On 11 May 2016, the European Parliament and the Council adopted Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings.1 The Directive is the fifth legislative measure that has been brought to pass since the adoption of the Council’s Roadmap in 2009. This article describes the genesis of the Directive and provides descriptive comments relating to selected articles. II. Genesis of the Directive 1. Background: Roadmap In November 2009, the Council (Justice and Home Affairs) adopted the Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.2... Read more
The Directive on the Presumption of Innocence and the Right to Be Present at Trial
Genesis and description of the new EU-Measure
I. Introduction On 9 March 2016, the European Parliament and the Council adopted Directive (EU) 2016/343 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings.1 The Directive is the fourth legislative measure that has been brought to pass since the adoption, in 2009, of the Council’s Roadmap on procedural rights for suspects and accused persons. This article describes the genesis of the Directive and provides a description of its main contents. II. Genesis of the Directive 1. Background: Roadmap and Stockholm programme In November 2009, on... Read more