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Dr. Andreas Kangur / Lott_Alexander_sw2.jpg Dr. Alexander Lott / Soo_Anneli.JPG Dr. Anneli Soo

Are EU Administrative Penalties Reshaping the Estonian System of Sanctions?

14 July 2020 (updated 2 months, 2 weeks ago) // english

EU legislation on administrative penalties has prompted an intense discussion in Estonia on whether to resurrect a measure from the past, namely administrative penalties. These penalties were abolished in Estonia in 2002, with all minor offences since then being classified as misdemeanours. Proponents of the administrative penalty procedure raise two main arguments: first, that the EU requires transposition of administrative penalties laid down in EU legislation specifically under a domestic administrative procedure; and second, that an administrative procedure would be a speedier and effective way to detect and punish offenders. In 2019, the authors of this article carried out a research project for the Estonian Ministry of Justice to map out the options for transposing EU administrative sanctions into Estonian law and to assess their compatibility, feasibility, and consequences. This paper summarizes the main results of that project.

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Perez Marin.jpg Prof. Dr. Mª Ángeles Pérez Marín

The European Public Prosecutor’s Office
Protecting the Union’s Financial Interests through Criminal Law

3 July 2020 (updated 4 months, 3 weeks ago) // english

The protection of the financial interests of the European Union and the defence of the European financial system are two aspirations that have accompanied the European Union since its foundation. They are part of the nature of the Union, which was born to overcome the economic crisis installed in Europe after the Second World War. Today, such objectives have been recognized in the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The undeniable economic imprint of the Union is shown in the different areas in which its legislative activity is carried out. The ambitious financial policy only makes sense on a solid economic and financial context, which requires the protection of the budget and the prevention and sanction of conducts undermining the economic pillars. The European Public Prosecutor´s Office (EPPO) marks the turning point in criminal policy that seeks to strengthen … Read more

Garcimartín Montero.jpg Prof. Dr. Regina Garcimartín Montero

Mutual Recognition of Judgements in Criminal Matters Involving Deprivation of Liberty in Spain

3 July 2020 (updated 4 months, 3 weeks ago) // english

Council Framework Decision 2008/909/JHA of 27 November 2008 “on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union” was implemented in Spain by the introduction of new rules into the Mutual Recognition Act. Achieving social rehabilitation is the core objective of the Framework Decision. This has also practical consequences for the implementation of this instrument, for example requiring ties on the part of the sentenced person with the executing State. Some of the most controversial procedural issues in Spain are analysed in this article, including the consent of the sentenced person and the grounds for the adaptation of the sentence by the executing State under Spanish law.

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Tinoco Pastrana (1).jpg Prof. Dr. Ángel Tinoco-Pastrana

The Proposal on Electronic Evidence in the European Union

3 July 2020 (updated 4 months, 3 weeks ago) // english

This article examines the origin, foundations and main features of the proposal of the European Union to facilitate cross-border access to electronic evidence, which was presented by the European Commission in April 2018. The creation of advanced solutions for the transnational gathering of electronic evidence in the EU is a very current and important issue, and is complemented with other actions carried out at an international level. Respect for the principle of proportionality must be particularly relevant in order to achieve the proper functioning of the new scheme. The main idea is that certificates of judicial orders will be transmitted directly to the legal representatives of online service providers. These new instruments of judicial cooperation (consisting of a Regulation and a Directive) aim at facilitating and accelerating judicial authorities’ access to data in criminal investigations in order to assist in the fight against crime and terrorism. They should reduce response … Read more

Valbuena González_new (1).jpg Prof. Dr. Félix Valbuena González

Harmonization of Procedural Safeguards of Suspected and Accused Persons
State of the Matter in Spain

3 July 2020 (updated 4 months, 3 weeks ago) // english

After giving a brief overview of the major developments in the harmonization of procedural safeguards for suspected and accused persons in the European Union, this article focuses on the legal reforms that were necessary to implement four of the six adopted EU Directives on procedural safeguards into Spanish national law. This concerns the transposition of the Directives on interpretation/translation, on information, on access to a lawyer and communication with third parties, and finally on legal aid. The main aspects of the transpositions into the Spanish legal order are explained and deviations from the requirements of the Directives pointed out. Pending developmental issues, the article enables the reader to reflect the true status of the suspect and accused person in Spain after the reforms that were triggered by the EU acts.

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