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Author: Christian Johnson

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Article
Financial Penalties Reloaded – New Treaty between Germany and Switzerland

The Treaty between the Federal Republic of Germany and the Swiss Confederation on cross-border police and judicial cooperation (German-Swiss Police Treaty), concluded on 5 April 2022, puts the cross-border cooperation between the two neighbouring States on new footing. This article deals with Arts. 45 - …

Published 4 months, 3 weeks ago
Article
First Experiences in Germany with Mutual Recognition of Financial Penalties
I. Framework Decision 2005/214 1. Introduction Framework Decision 2005/214/JHA on the application of the principle of mutual recognition of financial penalties (hereinafter FD 2005/214) was adopted on 24 February 2005.1 It set a deadline for Member States to comply with its provisions: 22 March 2007. As of today, 24 Member States have transposed FD 2005/214 into their respective national law.2 This instrument provides for an EU-wide execution of financial penalties on the basis of the principle of mutual recognition. FD 2005/214 has broken new ground. Before 2005, a multilateral or EU instrument for the trans-border execution of financial penalties had…
Published 6 years, 5 months ago
Article
Gegenseitige Anerkennung von Geldstrafen und Geldbußen in Deutschland – zur Umsetzung des Rahmenbeschlusses 2005/214/JI in das deutsche Recht

Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties was implemented into German law in October 2010. With this instrument, it is for the first time possible to enforce financial penalties in all Member States of the European …

Published 6 years, 7 months ago
Article
Mutual Recognition of Financial Penalties

This article seeks to demonstrate the practical challenges of enforcing financial penalties EU-wide. The instrument allowing such enforcement – Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties – has been transposed in almost …

Published 6 years, 7 months ago