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Guest Editorial eucrim 3-2024
19 December 2024 (updated 1 month, 3 weeks ago)
Guest Editorial eucrim 2-2024
21 November 2024 (updated 3 months, 3 weeks ago)
Articles
European Perspectives on Rights for Victims of Crime
I. Introduction: The EU framework on victims’ rights Unlike other initiatives seeking to consolidate the area of “freedom, security and justice,” it would be justified to consider the EU action on victims’ rights as a clear success story. Improving the rights, support, protection, and participation of victims in criminal proceedings, alongside capturing and punishing the offenders, has been a focus of Union policy during the past few years, especially since the need for action in this field had been identified as a strategic priority by the Commission in the Action Plan implementing the Stockholm Programme of the European Council.1 The... Read more

Editorial for
Issue 3/2014
Editorial Guest Editorial eucrim 3/2014
The entire European Union applies the same customs rules. Customs legislation is fully harmonised and provides for a stable and comprehensive legal system, which aims to ensure the proper and uniform application of the Union’s autonomous and international rules. It also sets out the obligations and rights of customs administrations and economic operators in a common and transparent way. Their enforcement, however, remains within the exclusive competence of its Member States. Despite differences in law enforcement structures, all EU Member States have the same responsibility to enforce EU legislation. This means that the Member States can choose the penalties that... Read more
The New Market Abuse Directive
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
VAT Carousel Fraud in the EU The need for Reform in Italy and on a Supranational Level*
What has become known as carousel fraud is a decidedly insidious abuse of the European VAT system and one that is well structured, complex, and that frequently involves many EU Member States. This alarming phenomenon has led to the loss of significant financial resources, has damaged Member States, and, in doing so, indirectly harmed EU institutions. Carousel fraud influences the financing of the entire EU budget inasmuch as it has an impact on the relationship between gross national income (GNI), based own resources, and other own resources in the budget. The real damage can be seen in the need for... Read more

Editorial for
Issue 2/2014
Editorial Guest Editorial eucrim 2/2014
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
Judicial Control of the Prosecutors’ Activities in the Light of the ECHR
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