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Articles found: 281 of 281
Magherita Cerizza

The New Market Abuse Directive

1 September 2014 // english

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

Editorial Guest Editorial eucrim 2/2014

1 June 2014 // english

The enforcement of EU law is traditionally based on indirect enforcement; this means that, for the achievement of policy goals, the EU relies on the institutional and procedural design in the jurisdictions of the Member States. This traditional approach has mainly been interpreted as procedural autonomy of the Member States. Those who read this procedural autonomy as a part of the national order that is reserved to the sovereignty of the nation states are on the wrong track. In fact, from the very beginning, the European Court of Justice has made clear that this procedural autonomy of the Member States... Read more

Assoc. Prof. Dr. Celina Nowak

Judicial Control of the Prosecutors’ Activities in the Light of the ECHR

1 June 2014 // english

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

Van der Hulst_SW.jpg Dr. Jaap Van der Hulst

Extradition and the European Arrest Warrant in the Netherlands

1 June 2014 // english

I. Introduction About ten years ago, the Netherlands changed its extradition procedure governing the relationship with other EU Member States. Since 11 May 2004, extradition with other EU Member States is regulated under the Surrender of Persons Act (Overleveringswet).1 Since that date, requests for extradition by other EU Member States that have implemented the Framework Decision on the European Arrest Warrant2 fall under a specific structure that is different from the classic structure laid down in the Dutch Extradition Act (Uitleveringswet).3 Under this classic structure, a request for extradition is dealt with by the Dutch Minister of Safety and Justice.... Read more

Dr. Els De Busser

Great Expectations from the Court of Justice

How the Judgments on google and data retention raised more Questions than they answered

1 June 2014 // english

In spring of 2014, the Court of Justice published two rulings that are remarkable for different reasons and share one common trait: both judgments fall short of expectations. One of the tasks of the Court of Justice is interpretation of EU legal acts by means of preliminary rulings. National judges may request the Court to clarify provisions of EU law or even the validity of an EU legal instrument. In the past decades, this has led to several landmark rulings that have shaped EU law.1 Through its jurisprudence, the Court has established a number of fundamental principles by giving elaborate... Read more