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Emilia Porebska

Paving the Way for Improved Mutual Assistance in the Context of Customs Fraud

An introduction to Regulation (EU) 2015/1525

8 May 2016 // english

I. Introduction Customs fraud is a growing phenomenon, which causes significant damage to the Union’s financial interests. The losses resulting from some of the most common types of customs-related fraud (i.e., misdeclaration of origin, misdescription of goods, and misuse of the transit system) are estimated at around €185 million per year.1 Under Article 325 of the TFEU, it is the responsibility of the Union – as well as its Member States – to protect the EU’s financial interests. Given the scale of the problem, coupled with the growing threat of transborder crime, the importance of combating customs fraud and ensuring... Read more

Stefano Ruggeri

Inaudito reo Proceedings, Defence Rights, and Harmonisation Goals in the EU

Responses of the European Courts and new Perspectives of EU Law

8 May 2016 // english

I. An Unprecedented Problem in EU Law: Inaudito reo Criminal Proceedings The right to personal participation in criminal proceedings and the problem of in absentia procedures have lain at the core of the EU legislative agenda over the last several years. Before the entry into force of the Lisbon Treaty, Framework Decision 2009/299/JHA amended, inter alia, the EAW Framework Decision, tightening the conditions under which defendants can be surrendered to other Member States in proceedings instituted in the accused’s absence.1 Although this legislative intervention also contributed to the process of indirect harmonisation of criminal procedure law, initiated under the former... Read more

CrasSteven 2014 SW.jpg Steven Cras / Anže Erbežnik

The Directive on the Presumption of Innocence and the Right to Be Present at Trial

Genesis and description of the new EU-Measure

1 April 2016 (updated 5 years, 3 months ago) // english

I. Introduction On 9 March 2016, the European Parliament and the Council adopted Directive (EU) 2016/343 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings.1 The Directive is the fourth legislative measure that has been brought to pass since the adoption, in 2009, of the Council’s Roadmap on procedural rights for suspects and accused persons. This article describes the genesis of the Directive and provides a description of its main contents. II. Genesis of the Directive 1. Background: Roadmap and Stockholm programme In November 2009, on... Read more

CrasSteven 2014 SW.jpg Steven Cras

The Directive on Procedural Safeguards for Children who Are Suspects or Accused Persons in Criminal Proceedings

Genesis and Descriptive Comments Relating to Selected Articles

1 April 2016 (updated 4 years, 10 months ago) // english

I. Introduction On 11 May 2016, the European Parliament and the Council adopted Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings.1 The Directive is the fifth legislative measure that has been brought to pass since the adoption of the Council’s Roadmap in 2009. This article describes the genesis of the Directive and provides descriptive comments relating to selected articles. II. Genesis of the Directive 1. Background: Roadmap In November 2009, the Council (Justice and Home Affairs) adopted the Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.2... Read more

Editorial Editorial: 10 Years of eucrim

1 March 2016 (updated 3 years, 9 months ago) // english

Dear Readers, In early 2016, eucrim celebrated its 10th anniversary. I would like to thank everyone who has contributed to this endeavor over the years. Special thanks go to all our readers, authors, the Max Planck team, and the Commission. Without you, the longstanding achievements of eucrim would not have been possible! When we look back on the development of eucrim, it has been an overall success. From the very beginning, eucrim went beyond the original idea of being merely a newsletter on European criminal law. During the past ten years, it has also evolved into a well-known journal for… Read more

Konstantina Panagiannaki

The “Europeanization” of Financial Supervision in the Aftermath of the Crisis

7 December 2015 // english

In the aftermath of the economic crisis, that began in 2007 in the U.S.A. and spread to the European economy, weakening the EU, every discussion about its causes and how to address them was linked to the absence of a suitable supervisory1 framework. The EU has been accused of lacking sufficient legal tools both at a precautionary level as well as for crisis management.2 Even though the internal market of financial services had been making progress, up until 2007 there were no truly centralized3 mechanisms and tools to supervise financial activities, identify their complexity, their risks and the interconnections between... Read more