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“Error 404 – Match not found”

In EU Member States, tax administrations are the public organs that make most use of artificial intelligence (AI) and machine learning (ML) systems to perform State prerogatives. At least 18 EU Member States frequently use AI tax enforcement systems. In certain areas of taxation, such …

Published 2 years, 11 months ago
Article
Non-Conviction Based Forfeiture in Canada: The Example of Three Outlaw Motorcycle Gang Clubhouses

A 2023 non-conviction based (NCB) forfeiture order was recently issued against three clubhouses in Canada. Each served as the chapter headquarters for an outlaw motorcycle gang. Clubhouses form the base of operations for their organized criminal activities. The protracted litigation started in 2007, and a …

Published 2 years, 11 months ago
Article
Digital Iatrogenesis

Limitations associated with online regulatory frameworks can be better understood by integrating pertinent insights from medicine and theoretical biology. Using insights from the biopsychosocial model, we argue that contemporary Internet regulations are problematic for three reasons. First, they pay insufficient attention to the unique structural …

Published 2 years, 11 months ago
Article
“Legalize It!?” – Opportunities and Challenges for the Regulation of Cannabis under European Law

Following similar developments in other parts of the world (e.g. Uruguay, Canada, United States, Thailand), several countries in the EU are questioning or openly challenging the prohibitionist paradigm that has so far dominated international drug control law. Possibly the most far-reaching approach is contained in …

Published 3 years, 1 month ago
Article
Limitations of the Transnational ne bis in idem Principle in EU Law

The ne bis in idem principle is one of the most fundamental guarantees in criminal procedure law. It prohibits a second prosecution in cases that have already been concluded by a final decision. According to the traditional understanding, the principle excludes a duplication of proceedings …

Published 3 years, 1 month ago
Article
Using US Artificial Intelligence to Fight Human Trafficking in Europe

Human trafficking is keeping pace with new technologies, but so is its repression. Nowadays, artificial intelligence (AI) systems support the daily work of law enforcement authorities in detecting and investigating trafficking schemes. These systems were developed, and are used primarily, in the United States of …

Published 3 years, 2 months ago
Article
Criminal and Administrative Procedures in Protecting the Financial Interests of the EU

This article argues that, with the establishment of the EPPO, the European Union intended to pursue, through the integration of procedural powers vested within the EPPO and OLAF, the creation of an “end-to-end” prosecution cycle that is able to seek both criminal penalties and administrative/financial …

Published 3 years, 3 months ago
Article
Disciplinary Sanctions against Judges: Punitive but not Criminal for the Strasbourg Court

The European Court of Human Rights (ECtHR) sought to extend the guarantees for criminal procedure enshrined in Art. 6 of the European Convention on Human Rights (ECHR) to administrative offences which are criminal in nature when it established the Engel criteria. It aimed to prevent …

Published 3 years, 3 months ago
Article
The Conflict of Competence between the European Public Prosecutor’s Office and Spanish Prosecutors – Lessons Learned

The rules on the exercise of competence by the European Public Prosecutor’s Office have been discussed by several authors. It has been put forward that the way in which material competence is regulated is highly complex; as is the division of competences between the European …

Published 3 years, 3 months ago
Article
Guest editorial eucrim 4-2022
Dear Readers, This eucrim issue focuses on the link between administrative and criminal law, which is becoming conspicuously manifest in environmental law. An in-depth evaluation of Directive 2008/99/EC on the protection of the environment through criminal law revealed that it has had no noticeable impact on Member State practice in the enforcement of EU environmental law. On 15 December 2021, the European Commission responded by adopting a proposal for a new directive of the European Parliament and of the Council on the protection of the environment through criminal law, intended to replace said Directive 2008/99/EC (COM(2021) 851 final). The improvements…
Published 3 years, 3 months ago