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Jourova_Vera_SW.jpg Věra Jourová

The Cost(s) of Non-Europe in the Area of Freedom, Security and Justice

The European Public Prosecutor’s Office as a Guardian of the European Taxpayers’ Money

1 August 2016 (updated 3 years, 10 months ago) // english

I. Introduction After many years of reflection and preparation, negotiations on the European Commission’s proposal for a Regulation on the establishment of the European Public Prosecutor’s Office (hereinafter EPPO)1 commenced three years ago.2 The proposal is well known to readers of the eucrim journal. During the course of negotiations in the Council of the European Union, the proposal has evolved substantially and in a number of ways, now envisaging a collegiate structure, shared competences between the EPPO and national authorities, and wide autonomy on the part of the European Delegated Prosecutors handling the cases, accompanied by supervisory powers vested in… Read more

Claude Moraes

A Europe of Costs and Values in the Criminal Justice Area

1 August 2016 (updated 3 years, 10 months ago) // english

The notion of the “cost of non-Europe” brings us back to 1988, when a report bearing his name was published by Professor Paolo Cecchini, who had been asked at the time by the Delors Commission to investigate and quantify the untapped potential of the Single Market and to make the economic case for the removal of physical, technical, and fiscal barriers between the, then, twelve Member States of the European Communities.1 Now, in 2016, the Internal Market is perceived by citizens and politicians as a done deal, while the European Union is seen as a complex entity of a somehow… Read more

Editorial Guest Editorial eucrim 2/2016

1 July 2016 // english

Dear Readers, The notion of the "cost of non-Europe" was introduced by Michel Albert and James Ball in a 1983 report that had been commissioned by the European Parliament. The notion was also a central element of the report by Paolo Cecchini who contributed to shaping the progressive establishment of a European single market by the end of December 1992. The method consists of estimating common economic costs in the absence of measures at the European level within a particular domain. It highlights the gain of efficiency that derives from the concrete and effective implementation of a policy as defined… Read more

Ulrich Schulz

Können die Regelungen über die Zusammenarbeit der EU-Mitgliedstaaten bei der Strafverfolgung kurzerhand aufgehoben werden?

8 May 2016 // german

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

Franca Fülle / Ralf Riegel

Vollstreckungshilfe zwischen Deutschland und Taiwan auf neuer Grundlage

8 May 2016 // english

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

Stijn Lamberigts

The Directive on the Presumption of Innocence

A Missed opportunity for Legal Persons

8 May 2016 // english

The recently adopted Directive on the strengthening of certain aspects of the presumption of innocence and the right to be present at trial in criminal proceedings1 (hereafter: Directive on the Presumption of Innocence)2 applies exclusively to natural persons.3 This is in contrast to previously adopted directives of the Roadmap for strengthening procedural rights in criminal proceedings4 which applied to suspected or accused persons and did not explicitly exclude legal persons.5 Therefore, one could argue that legal persons could benefit from the implementation of relevant provisions of the previously adopted directives of the Roadmap6 but that they cannot infer rights from... Read more