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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, 3 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, 3 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, 3 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, 4 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, 6 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, 6 months ago
Article
Implementation of Effective Measures against Fraud and Illegal Activities in Cohesion Policies

The article analyses the state of implementation and the effectiveness of measures applied by competent administrative programme authorities under shared management in the EU cohesion policy for the prevention, detection, correction and prosecution of fraud. It discusses the concrete initiatives taken to increase the preparedness …

Published 5 years, 6 months ago
Article
The Future of the European Union’s Financial Interests

The article reflects on the future of financial criminal law investigations of the EU. It departs from the experts’ studies conducted which have developed the Corpus Juris Model, and recalls the historic development of the subsequent institutional debate up to the Lisbon Reform Treaty. The …

Published 5 years, 7 months ago
Article
The Initiative for a Directive on the Protection of the EU Financial Interests by Substantive Criminal Law

The article presents the substantive criminal-law initiative against EU-fraud, which was adopted by the Commission on 11 July 2012. After giving an overview of the status quo of criminal law protection and its challenges, the author analysis in detail the Commission proposal for the so-called …

Published 5 years, 7 months ago
Article
Editorial first eucrim issue 1-2/2006
I. Developing new visions and models for the cooperation and integration of the national European criminal law systems in the supra-national European context is one of the most challenging tasks for criminal lawyers in the 21st century. This new challenge is caused by the fact that European integration not only fosters the coalescence of European citizens and economies, but also an increase in trans-national crime. In a close economic community, it is no longer possible to deal with such phenomena of trans-national crime using traditional national criminal law systems, based on judicial decisions which are principally limited to national territory…
Published 5 years, 8 months ago