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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 7 months 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, 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, 9 months ago