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Article
Negotiation and Transposition of the PIF Directive ‒ The German Perspective

This article reflects on the negotiations concerning Directive (EU) 2017/1371 of the European Parliament and of the Council on the fight against fraud to the Union’s financial interests by means of criminal law (the “PIF Directive”) and discusses some of the controversial issues at that …

Published 4 years, 6 months ago
Article
The Revised EU Environmental Crime Directive

Environmental crime includes wildlife crimes, illegal waste dumping, substance smuggling, and illegal mining. These types of crime lead to habitat loss and species extinction, contribute to global warming, destabilise communities and economies, undermine security and development, and foster corruption. Often transnational in nature, environmental crime …

Published 1 year, 6 months ago
Article
The European Investigation Order and its Relationship with Other Judicial Cooperation Instruments

The European Investigation Order (EIO) is a major step forward in judicial cooperation in criminal matters within the EU. It has become the main legal tool to gather trans-border evidence, replacing the traditional MLA conventions mainly used for this purpose so far. It co-exists with …

Published 6 years, 11 months ago
Article
From Europol to Eurojust
Arts. 85, 86, and 88 TFUE opened up a rich debate on the construction of the European criminal law area. What role will OLAF play in the future as regards the possibilities offered by these new legal bases? The question may surprise those who are not familiar with OLAF’s activities. Indeed, OLAF carries out administrative, not criminal investigations.1 Its competences do not cover only offences but, in a wider sense, irregularities adversely affecting the financial interests of the EU.2 Above all, Regulation 1073/99 explicitly states that OLAF’s investigations shall not affect the powers of Member States to initiate criminal proceedings.3…
Published 4 months, 2 weeks ago
Article
Twenty Years since Tampere

Twenty years having passed since the Conclusions of the European Council in Tampere, which proposed the principle of mutual recognition as the “cornerstone” of judicial cooperation within the Union, the author takes the opportunity to reflect on the main achievements in this sector before and …

Published 6 years, 3 months ago
Article
A Game of Chance

Abstract: The article offers a critical reflection on the ongoing debate over the “Future of Europe” scenarios envisioned in the European Commission’s White Paper of 1 March 2017. Five potential scenarios are described, which enable a peek into the future, and the article explores whether …

Published 7 years, 11 months ago
Article
Rights of Victims in Slovenian Criminal Law According to the EU Framework Decision on the Standing of Victims in Criminal Proceedings

This article focuses on the rights of victims in Slovenian criminal law. The main questions here are whether Slovenia has fully implemented the EU Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings, whether our legislation on victims poses any …

Published 2 months ago
Article
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…
Published 6 years, 7 months ago
Article
The State of Transposition by France of the EU Directives on the Rights of Suspects in Criminal Proceedings

The article assesses France’s transposition of EU directives on the rights of suspects in criminal proceedings. While reforms have strengthened participation in trials, the right to information, and access to interpretation and translation, implementation often falls short of the directives’ spirit. Access to a lawyer …

Published 7 years, 5 months ago
Article
The Status of the Victim in European Union Criminal Law

The article examines the evolving role of victims in EU criminal law, highlighting the tension between the development of procedural cooperation mechanisms and the protection of individual rights.

Published 2 months ago