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CrasSteven 2014 SW.jpg Steven Cras

The Directive on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings

1 April 2014 (updated 4 years, 2 months ago) // english

I. Introduction On 22 October 2013, the European Parliament and the Council adopted Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and in European Arrest Warrant (EAW) proceedings. The Directive also addresses the right for suspects and accused persons in criminal proceedings, and for persons subject to EAW proceedings, to have a third party informed upon deprivation of liberty and the right to communicate with third persons and with consular authorities while deprived of liberty.1 The part of the Directive regarding the right of access to a lawyer is the core measure of the roadmap... 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

Dr. h.c. Hans G. Nilsson

Where Should the European Union Go in Developing Its Criminal Policy in the Future?

1 March 2014 // english

The Lisbon Treaties sought to address several of the criminal policy shortcomings that I have mentioned in the editorial of this number of eucrim. Whether they have been adequately addressed is still too early to assess, but some of the experiences show that we are on the right track. In particular, the use of QMV (Qualified Majority Voting) and co-decision under the ordinary legislative procedure have permitted less tortuous compromises to be made. It should also be said that the Lisbon Treaties also brought some new challenges to the development of criminal policy in the European Union. Contrary to what... Read more

Van der Hulst_SW.jpg Dr. Jaap Van der Hulst

The Dutch Judge of Instruction and the Public Prosecutor in International Judicial Cooperation

2 September 2013 // english

I. Introduction Historically, pre-trial investigations in Dutch criminal cases are largely based upon the cornerstones of French criminal law. Therefore, the basic structure of these investigations is inquisitor-based. As a consequence, the accused is a subject under investigation by the police and the public prosecutor. If necessary, the common methods of investigation could be enlarged by means of a preliminary investigation. This investigation could be installed after and/or during police investigations upon the request of a public prosecutor. The purpose of this request was to involve the judge of instruction in the investigation and herewith widen the scope of the... Read more

Editorial Guest Editorial eucrim 4/2013

1 September 2013 // english

Dear Readers, EU money must not be pocketed by criminals. We have a federal budget – with money coming from the 28 EU Member States – and, as a consequence, we also need federal laws to protect this budget. This is why the European Commission proposed a Directive on the protection of the EU’s financial interests in July 2012. The new EU-wide rules aim to achieve two objectives: First, to introduce common definitions of fraud throughout the EU, making sure that fraud against the EU budget is considered a crime everywhere in the EU. Second, to set a minimum level... Read more

Weyembergh_Anne-3_sw.jpg Prof. Dr. Anne Weyembergh

An Overall Analysis of the Proposal for a Regulation on Eurojust

1 September 2013 // english

As explicitly mentioned in the Treaty of Nice,1 and preceded by a provisional unit (“pro-Eurojust”),2 Eurojust was established through a Decision of 28 February 2002.3 The latter was amended by the Decision of 16 December 2008 on the strengthening of Eurojust.4 Shortly after the celebration of its 10th birthday in 2012, Eurojust became the subject of a new reform. On the 17th of July 2013, the Commission presented a proposal for a Regulation on the European Union Agency for Criminal Justice Cooperation (Eurojust), based on Art. 85 of the Treaty on the Functioning of the EU (TFEU).5 This initiative was... Read more