Latest editorials All articles


Articles

Articles found: 47 of 47
Regina Garcimartín Montero

The European Investigation Order and the Respect for Fundamental Rights in Criminal Investigations

1 April 2017 // english

I. Introduction Directive 2014/41/EU regarding the European Investigation Order in criminal matters1 was approved in April 2014 and regulates a new instrument for the obtaining of evidence. The main features of the European Investigation Order (hereinafter EIO) are: It covers all types of evidence; It contains time limits for the enforcement of mutual legal assistance requests; It limits the grounds for refusal; It can be used either to carry out investigatory measures in the executing state or to obtain evidence that is already in the state’s possession.2 The obtaining of evidence in criminal proceedings is a highly sensitive matter from... Read more

Félix Gros

The State of Transposition by France of the EU Directives on the Rights of Suspects in Criminal Proceedings

1 April 2017 // english

Introduction The suspect is the key figure in procedural criminal law. To some extent, he is the reason for being of all criminal procedure, since the latter aims at setting up rules in order to protect him from unfounded accusations and arbitrariness. In line with the Stockholm Programme of 2010, the last few years have seen the EU strengthening the rights of suspects and accused persons.1 It adopted a number of directives with the purpose of providing suspects with the means to understand, participate in, and complain about criminal proceedings, so that they are able to defend themselves effectively, in... Read more

Editorial Guest Editorial eucrim 1/2017

1 April 2017 // english

Dear Reader, As a practising lawyer specialised in the field of criminal law and criminal procedure who is also involved in international cases − and as an enthusiastic European − I feel that we need a new and strong commitment to “our” Europe in these anxious times. We need to strengthen the EU as a guarantor for peace, our common values, human and fundamental rights, and the rule of law in our common area of freedom, security and justice. Since the Amsterdam Treaty and the Tampere Council in 1999, the legal principle of mutual recognition of judicial decisions has been... Read more

François Faletti

The European Public Prosecutor’s Office and the Principle of Equality

1 April 2017 // english

Introduction After years of negotiations, the adoption of the Regulation on the establishment of the European Public Prosecutor’s Office (hereinafter EPPO) is near. Even if no unanimity can be reached in the Council of the European Union, there seems to be a strong political will amongst most Member States to set up the EPPO, if necessary through an enhanced cooperation procedure.1 The current draft Regulation already provides insight into how the EPPO would take shape.2 The Regulation foresees that the EPPO will be a European prosecution office that is in many ways subject to national courts and legislation. Nevertheless, the... Read more

Editorial Guest Editorial eucrim 3/2017

20 January 2017 (updated 3 weeks ago) // english

Dear Readers, A strong European Union budget, particularly its sound and correct implementation, is a key element in building trust among European citizens. The resources at the disposal of the EU need to be properly managed and well spent in order to make a real difference in people’s lives. Ensuring that these resources are not the object of fraud or corruption is therefore an essential objective. The adoption by the Council of the Regulation establishing the European Public Prosecutor’s Office (EPPO) on 12 October 2017 marks a decisive step in this direction. The EPPO will be established by way of... Read more