Search results

« 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 ».

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 …

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…

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 …

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 …

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 …

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, …

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,…

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 …

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 …