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Article
The Independence of the European Public Prosecutor’s Office

An efficient and impartial European public prosecution service cannot exist without effective external independence from the EU institutions and the Member States and internal autonomy of its members.

Published 4 years, 10 months ago
Article
The Permanent Chambers at the Heart of the EPPO’s Decision-Making

The Permanent Chambers are the genuine multinational element in the EPPO’s proceedings.

Published 4 years, 10 months ago
Article
EPPO ‒ Diversity and Challenges in Investigation and Prosecution in 22 Member States

Differences in the criminal systems of the 22 participating Member States will certainly be a challenge for the EPPO when conducting investigations at the national level and, in particular, when using evidence obtained from other Member States. How competent courts in individual Member States react …

Published 4 years, 10 months ago
Article
Reporting of Crime Mechanisms and the Interaction Between the EPPO and OLAF as Key Future Challenges

The EPPO and OLAF shall not only co-exist, but also take advantage of their capacities, professional knowledge and the new legal options in order to become a powerful tool for combating fraud.

Published 4 years, 10 months ago
Article
The Material Competence of the EPPO and the Concept of Inextricably Linked Offences

The effectiveness of the EPPO demands a functional interpretation of Art. 22(3) of the EPPO Regulation . Yet, the precise contour of this functional interpretation is far from being shaped, and such a task must be accomplished by practitioners, academics, and jurisprudence in the years …

Published 4 years, 10 months ago
Article
The EPPO and the Fight against VAT Fraud: a Legal Obstacle in the Regulation?

The questionable decision to exclude the competence of the EPPO for criminal offences in respect of national direct taxes could adversely affect its capacity to fight VAT fraud.

Published 4 years, 10 months ago
Article
Le parquet européen : un projet entre audace et réalisme politique

« Le parquet européen n’est pas seulement un projet audacieux, c’est aussi un bouleversement pour les ordres juridiques internes, en particulier dans les pays, comme la France, qui connaissent encore le juge d’instruction ».

Published 4 years, 10 months ago
Article
La coopération pénale entre la Suisse et les États membres de l’Union européenne en matière de blanchiment d’argent

In order to fight money laundering, efficient international cooperation in criminal matters is necessary. As Switzerland is one of the world’s leading financial centres, it is often approached by foreign states, in particular to obtain bank documents. Switzerland grants extensive judicial cooperation in money laundering …

Published 4 years, 10 months ago
Article
Guest editorial eucrim 4/2020
Dear Readers, The development of European law shows a constant proliferation of legal sources and a rising phenomenon of reciprocal assimilation between sets of norms of various origins (Union law and law from conventional sources, e.g. the Council of Europe) − especially in recent years. Their mutual “interference” and interdependence have contributed to the extension of the catalogue of fundamental rights and their protection requirements. This implies for the judge to apply national law not only in compliance with European Union legislation but also in the light of the case law of the European Court of Justice (ECJ) and the…
Published 5 years ago
Article
Refusal of European Arrest Warrants Due to Fair Trial Infringements

One of the most controversially discussed and unresolved issues in extradition law, namely whether extradition can be denied because elements of a fair trial will not be ensured in the requesting (issuing) State, gained new momentum after the CJEU’s judgment in “LM” of 25 July …

Published 5 years ago