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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, 4 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, 4 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, 4 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, 4 months ago
Article
Institutional Framework for EU Criminal Justice Cooperation

The article deals with the relations between the European Judicial Network (EJN), Eurojust, and the European Public Prosecutor’s Office (EPPO) , in particular the question of how to shape their relationship.
Direct communication between Member States’ judicial authorities is the underlying principle of international cooperation in …

Published 5 years, 4 months ago
Article
Application Problems Relating to “Ne bis in idem” as Guaranteed under Art. 50 CFR/Art. 54 CISA and Art. 4 Prot. No. 7 ECHR

The principle of ne bis in idem as an individual right is textually guaranteed in Art. 50 CFR / Art. 54 CISA, on the one hand, and in Art. 4 Prot. No. 7 ECHR, on the other. The CJEU and the ECtHR have delineated many …

Published 5 years, 4 months ago
Article
Addressing the Problems of Jurisdictional Conflicts in Criminal Matters within the EU

The current EU approach to jurisdictional conflicts is discussed in the first part of this article. The article highlights the persistent problems of the existing legal framework as well as those emanating from Eurojust’s approach to the matter. After linking the topic with the ne …

Published 5 years, 4 months ago
Article
The AY Case – Construing EAW ne bis in idem within the Boundaries of the Preliminary Ruling Reference

This article analyses and comments on the opinion of the Advocate General and the ECJ judgment in case C-268/17 (European arrest warrant against AY). Interestingly, the case has remained somewhat unnoticed, the literature on it being scarce. However, it addresses some quite appealing issues. First, …

Published 5 years, 6 months ago
Article
Editorial eucrim 2/2020
The special coronavirus recovery fund of the EU is to provide €750 billion for the years 2021 – 2023. In addition, the new EU multi-annual financial framework will amount to €1074 billion, including significant amounts earmarked for corona aid and other subsidies. Considering additionally that national and regional budgets also provide for similar aid, there will ultimately be an unprecedented increase in subsidies and thus a huge potential booty for criminals. A considerable number of corona subsidy fraud cases have already shown up in the Member States, including fake websites and phishing mails seeking to redirect corona aid to criminals’…
Published 5 years, 8 months ago
Article
Human Rights-Based Approach to Combat Transnational Crime

The article starts with discussing the impact of globalization on crime and with further details on challenges posed by transnational crime. The author uses the legal approach and the human rights-based approach to address the issue. He outlines the limitations of a purely legal approach …

Published 5 years, 8 months ago