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Articles found: 23 of 133

Editorial Guest Editorial 3/2016

1 September 2016 // english

Dear Readers, Cooperation on the part of national courts and executive authorities in the criminal law field is constitutive for the functioning of the area of freedom, security and justice (AFSJ). Focusing on a more or less voluntary cooperation on the part of the national authorities might initially have been an indication of the Member States’ reluctance to also give up sovereignty in the field of criminal law and criminal justice. Today, however, it is clear that the AFSJ cannot be realized without such cooperation. It is therefore of programmatic significance when “cooperation” is expressly referred to in the relevant... Read more

Editorial Guest Editorial eucrim 4/2015

1 December 2015 (updated 5 months, 2 weeks ago) // english

Dear Readers, The imposition of tight regulatory controls on banks and other financial intermediaries is a universal characteristic of modern economic systems. The frequency and intensity of legislative and administrative measures affecting financial activities demonstrate the state’s incessant concern with the way in which the market operates in this field. However, the precise perimeter of the regulated sector varies from one jurisdiction to another and changes over time. The same is true of the form and direction of the regulatory interventions. This raises important questions about the existence or otherwise of common threads –common objectives and overarching justifications– holding together... Read more

Editorial Guest Editorial eucrim 4/2014

1 December 2014 // english

Since the Lisbon Treaty, the concept “Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments” has acquired a constitutional rank. All the European institutions recognise that, in order for the principle of mutual recognition to become effective, mutual trust needs to be strengthened, and that mutual understanding between the different legal systems in the Member States will be one of the main challenges of the future. The promotion of a European legal culture among judges, prosecutors, and judicial staff is considered to be of paramount importance. Unfortunately, since the 19th... Read more

Editorial Guest Editorial eucrim 3/2014

1 September 2014 // english

The entire European Union applies the same customs rules. Customs legislation is fully harmonised and provides for a stable and comprehensive legal system, which aims to ensure the proper and uniform application of the Union’s autonomous and international rules. It also sets out the obligations and rights of customs administrations and economic operators in a common and transparent way. Their enforcement, however, remains within the exclusive competence of its Member States. Despite differences in law enforcement structures, all EU Member States have the same responsibility to enforce EU legislation. This means that the Member States can choose the penalties that... Read more

Editorial Guest Editorial eucrim 2/2014

1 June 2014 // english

The enforcement of EU law is traditionally based on indirect enforcement; this means that, for the achievement of policy goals, the EU relies on the institutional and procedural design in the jurisdictions of the Member States. This traditional approach has mainly been interpreted as procedural autonomy of the Member States. Those who read this procedural autonomy as a part of the national order that is reserved to the sovereignty of the nation states are on the wrong track. In fact, from the very beginning, the European Court of Justice has made clear that this procedural autonomy of the Member States... Read more

Editorial Guest Editorial eucrim 1/2014

1 March 2014 // english

Dear Readers, When the Union prepares itself to negotiate and adopt new strategic guidelines on the basis of Art. 68 TFEU, probably already in June 2014, it could be useful to consider what the Union should do for the development of its criminal policy (provided it could be said the Union has one). Looking back on the development of the EU criminal law since the entry into force of the Treaty of Amsterdam on 1 May 1999, some useful conclusions can be drawn. Firstly, the EU criminal law is a very recent phenomenon in the development of EU law in... Read more