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Article
The Influence of the Judgment of the European Court of Human Rights in the Case of Tsonyo Tsonev v. Bulgaria

This case annotation on the judgment of the European Court of Human Rights of 14 January 2010 in Tsonyo Tsonev v. Bulgaria (№ 2 - application № 2376/03) reveals that the case entails several significant and sensitive issues of fundamental importance, greatly exceeding the dimensions …

Published 5 years ago
Article
The EPPO and the Corporate Suspect – Jurisdictional Agnosticism and Legal Uncertainties

The advent of the European Public Prosecutor’s Office (“EPPO”) has been broadly welcomed throughout the European legal community, including by legal entities operating in the single market and their advisors. Even so, considerable uncertainties remain for these economic actors on how the new enforcement regime …

Published 5 years ago
Article
Independence of Public Prosecutors’ Offices

The independence of the judiciary has been a recurrent issue in the case law of the Court of Justice of the European Union in recent years. In particular, in 2019 and 2020, in a series of new cases concerning the status of national public prosecutors, …

Published 5 years, 1 month ago
Article
Guest Editorial eucrim 3/2020
Dear Readers, As we approach the end of 2020, we cannot but acknowledge the importance of dialogue with experts. In the field of EU criminal justice, the Commission has always relied strongly on exchanges with experts. The prominent Corpus Juris project of just such a group of experts led by Prof. Delmas-Marty at the end of the 1990s was devoted to the protection of the financial interests of the European Community and included a proposal for a European Public Prosecutor’s Office (EPPO). This groundwork bore fruit. – A true European Prosecution Office, which should soon start its activities in Luxembourg,…
Published 5 years, 1 month ago
Article
Admissibility of Evidence in Criminal Proceedings in the EU

With the increase in volume and importance of cross-border investigations in the EU, ensuring the admissibility of evidence gathered in another Member State at trial is crucial − both for efficient law enforcement and for the protection of fundamental rights. At present, the rules on …

Published 5 years, 1 month ago
Article
Die Richtlinie 2010/64/EU zum Dolmetschen und Übersetzen in Strafverfahren: Neues Qualitätssiegel oder verpasste Chance?

About ten years ago, the European Parliament and the Council of the European Union adopted Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings. The Directive initially inspired high hopes, mainly because it explicitly addressed the issue of quality in interpretation and …

Published 5 years, 2 months ago
Article
Information Exchange Between Administrative and Criminal Enforcement: The Case of the ECB and National Investigative Agencies

The banking system is often at the epicentre of large-scale financial crimes. Recent scandals involving major European credit institutions questioned the role of banking regulators in supporting law enforcement agencies and revealed the weakness of the current interaction between the European Central Bank (ECB) and …

Published 5 years, 3 months ago
Article
Strengthening the Fight against Economic and Financial Crime within the EU

EU legislation in the field of financial and organised crime is affected by different issues. The anti-money laundering (and counter-terrorist financing) legislation is dense, but it still lacks effectiveness. Although the approximation between the Member States still presents some concerns, what seems to be desirable …

Published 5 years, 3 months ago
Article
Improving Defence Rights

The rights of individuals in criminal procedures have been prominent on the agenda since the entry into force of the Lisbon Treaty. In this article, the authors take stock of the state of the art, evaluating the content and implementation of the 2009 “Stockholm Roadmap …

Published 5 years, 3 months ago
Article
The Need for and Possible Content of EU Pre-trial Detention Rules

Pre-trial detention (PTD) is an inherently problematic concept. Not only does it conflict with the right to liberty and the presumption of innocence but its use is associated with an extensive range of problems that affect pre-trial detainees, their families, the fair administration of criminal …

Published 5 years, 3 months ago