Judgments rendered in absentia are at the core of the ordre public discussion as has shown the “Melloni case.” The issue has high practical relevance as a possible barrier to judicial cooperation in criminal matters. The following article investigates the solutions that have been found in European extradition law. In particular, it examines whether the new Article 4a of the Framework Decision on the European Arrest Warrant (introduced by Framework Decision 2009/299/JHA “on trials in absentia”) indeed meets – as many critics doubt – the standards of the European Convention on Human Rights and the ECtHR’s case law on the accused’s right to be present at his/her trial. The problem has come to the fore since Germany is currently in the process of implementing the 2009 Framework Decision. The article concludes that the new provision regarding the European Union’s extradition scheme can be “brought in line” via the means of … Read more

The entry into force of the Lisbon Treaty on 1 December 2009 resulted in a number of important changes for the democratic accountability of European criminal law. Among them is the enhanced role of the European Parliament as regards the adoption of EU legislation in this area. This coincides with the Charter of Fundamental Rights of the European Union (EU Charter) achieving binding status.1 A new European Parliament was installed in July 2014, followed by the confirmation of the Commission presided over by Jean-Claude Juncker. Together with the Council, these European institutions now have the obligation to make a convincing... Read more

I. Introduction: The EU framework on victims’ rights Unlike other initiatives seeking to consolidate the area of “freedom, security and justice,” it would be justified to consider the EU action on victims’ rights as a clear success story. Improving the rights, support, protection, and participation of victims in criminal proceedings, alongside capturing and punishing the offenders, has been a focus of Union policy during the past few years, especially since the need for action in this field had been identified as a strategic priority by the Commission in the Action Plan implementing the Stockholm Programme of the European Council.1 The... Read more

I. Directive 57/2014 and Regulation 596/2014: The New Legal Framework Against Market Abuse in the European Union Traditionally, the protection of market integrity and of investors’ confidence has been mainly guaranteed through extra-penal measures, such as the infliction of administrative sanctions by independent regulators or the right for investors to raise civil lawsuits against intermediaries. In recent years, the strategic role assumed by financial markets in modern economic life, the frequent crises that originated from this system as well as their catastrophic effects on global economies have led to an increase in the use of criminal law. Criminal law is... Read more

What has become known as carousel fraud is a decidedly insidious abuse of the European VAT system and one that is well structured, complex, and that frequently involves many EU Member States. This alarming phenomenon has led to the loss of significant financial resources, has damaged Member States, and, in doing so, indirectly harmed EU institutions. Carousel fraud influences the financing of the entire EU budget inasmuch as it has an impact on the relationship between gross national income (GNI), based own resources, and other own resources in the budget. The real damage can be seen in the need for... Read more

The judicial control of the activities of prosecutors within criminal proceedings constitutes an important issue in every legal system. It is particularly important at the pre-trail stage of proceedings, when the prosecutor is responsible for many actions, and of lesser importance at the judicial stage of the proceedings, when the court takes over. However, the issue of judicial control of prosecutors’ actions may warrant special attention once the European Public Prosecutor’s Office (hereinafter the “EPPO”) is established.1 When it comes to prosecutorial actions, the EPPO will be subjected to the control of the national courts.2 Therefore, it will be necessary... Read more