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Article
Measuring the Added Value of EU Criminal Law

As part of its efforts to ensure better law-making at the EU level, together with the other EU institutions, the European Parliament is paying increasing attention to the added value of European action (“European added value”) as well as the costs of not taking action …

Published 5 years, 8 months ago
Article
Guest Editorial eucrim 1/2020
Dear Readers, Several anniversaries were recently celebrated in relation to the EU, in general, and to the Area of Freedom, Security and Justice (ASFJ), in particular: 60 years since the signature of the Treaty of Rome, 20 years since the enactment of the principle of mutual recognition, 10 years since the entry into force of the Treaty of Lisbon. The dynamic European landscape is giving rise to an increasing number of actors and instruments in judicial cooperation in criminal matters, with undeniable repercussions for the Member States. This can be seen not only from a legal/judicial perspective but also from…
Published 5 years, 8 months ago
Article
Legal Protection of Minors

The indiscriminate use of social networking for interpersonal relationships has increased the possibilities to engage in behaviour that affects the private and personal lives of citizens in general and minors in particular. Offences such as child grooming have been incorporated into the Spanish Criminal Code, …

Published 5 years, 8 months ago
Article
Implementation of the Legal Aid Directive in Spain

The vast differences among the national standards for granting legal aid pushed the European Commission to propose common minimum rules in order to harmonize this right. This initiative was intended to ensure the effectiveness of the right of access to a lawyer, because the right …

Published 5 years, 8 months ago
Article
Harmonization of Procedural Safeguards of Suspected and Accused Persons

After giving a brief overview of the major developments in the harmonization of procedural safeguards for suspected and accused persons in the European Union, this article focuses on the legal reforms that were necessary to implement four of the six adopted EU Directives on procedural …

Published 5 years, 8 months ago
Article
The Proposal on Electronic Evidence in the European Union

This article examines the origin, foundations and main features of the proposal of the European Union to facilitate cross-border access to electronic evidence, which was presented by the European Commission in April 2018. The creation of advanced solutions for the transnational gathering of electronic evidence …

Published 5 years, 8 months ago
Article
Mutual Recognition of Judgements in Criminal Matters Involving Deprivation of Liberty in Spain

Council Framework Decision 2008/909/JHA of 27 November 2008 “on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union” was implemented in Spain …

Published 5 years, 8 months ago
Article
The European Public Prosecutor’s Office

The protection of the financial interests of the European Union and the defence of the European financial system are two aspirations that have accompanied the European Union since its foundation. They are part of the nature of the Union, which was born to overcome the …

Published 5 years, 8 months ago
Article
Limits to European Harmonisation of Criminal Law

The harmonisation of criminal law and criminal procedure in the EU is subject to specific conditions, which differ from those generally applicable to the approximation of laws in the Union. Specific limits may result from the rules of competence set out in Art. 82 et …

Published 5 years, 11 months ago
Article
Guest Editorial eucrim 4/2019
Dear Readers, 20 years ago, the European Council gave Justice and Home Affairs policy an unprecedented boost by setting out an ambitious agenda to simplify judicial cooperation and to enhance criminal justice across the Union. The Tampere Programme has led to many successful initiatives. I intend to continue this work. In her Mission letter the President von der Leyen has assigned me an immensely stimulating task: “to focus on the pursuit of social justice in its broadest sense, from the rule of law to crime prevention, judicial cooperation and consumer protection.” I want first to ensure that new ground-breaking legal…
Published 6 years, 1 month ago