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Articles found: 258 of 278
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

dr. hab. Anna Blachnio-Parzych

The Use of Inside Information

Judgment of the european Court of Justice of 23 december 2009, Case C-45/08, Spector Photo Group, Chris Van Raemdonck v. Commissie voor het Bank-, Financie- en Assurantiewezen

1 September 2013 // english

Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (hereinafter called Directive 2003/6/EC)1 was enacted to combat these two most dangerous threats to capital markets.2 The directive has been the subject of examination by the ECJ several times.3 The point of my interest will be the judgment relating to the nature of the conduct constituting insider dealing. It was rendered on 23 December 2009 (C-45/08), to the effect of the reference made by the Belgian court in the course of proceedings between Spector Photo Group and one of its... Read more

Desterbeck_sw..jpg Francis Desterbeck

The Financial Execution Inquiry: A Bridge too Far?

A critical analysis of a new Belgian initiative

14 August 2013 // english

I. The Financial Execution Inquiry As already stated, the FEI is conducted by the Belgian Prosecution Service after a confiscation order has become peremptory. We will examine the purpose of and the reason for establishment of the investigation, and we will examine the role of the actors who take part in the investigation. 1. Purpose and Reason for Establishment a) Purpose The aim of the FEI is to inquire into the assets of convicted criminals who have been sentenced to the confiscation of, in principle, a sum of money that cannot be recovered by means of civil law. Besides confiscated... Read more