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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, 10 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, 10 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 6 years, 1 month 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, 2 months ago
Article
The European Public Prosecutor’s Office (EPPO) – Past, Present, and Future

This article first gives a brief historic overview of the long road to the establishment of the European Public Prosecutor’s Office (EPPO), starting with the first ideas at the meeting of the Presidents of the European Criminal Law Associations in 1995 and worked out in …

Published 6 years, 2 months ago
Article
OLAF – 20 Years of Protecting the Financial Interests of the EU

In 2019, the European Anti-Fraud Office (OLAF) celebrated 20 years of existence. From today’s perspective, the Office could be qualified as one of the most recognisable Directorates-General of the European Commission. This is due to its unique powers, experience and the results achieved over the …

Published 6 years, 2 months ago
Article
10 Years after Lisbon – How “Lisbonised” is the Substantive Criminal Law in the EU?

10 years ago, on 1 December 2009, the Treaty of Lisbon entered into force and brought judicial cooperation in criminal matters from the sphere of intergovernmental cooperation fully into the fold of EU law and policies. Almost all former framework decisions in the field of …

Published 6 years, 2 months ago
Article
Twenty Years since Tampere

Twenty years having passed since the Conclusions of the European Council in Tampere, which proposed the principle of mutual recognition as the “cornerstone” of judicial cooperation within the Union, the author takes the opportunity to reflect on the main achievements in this sector before and …

Published 6 years, 2 months ago
Article
Some Memories of the Third Pillar

The author gives a personal overview of how the European Union became involved in criminal law over the last 20 years. He calls to mind the main stages of the development, from the Maastricht and Amsterdam Treaties to the draft European constitution and the Lisbon …

Published 6 years, 2 months ago
Article
Guest Editorial eucrim 3/2019
Dear Readers, Cross-border cooperation between prosecuting authorities in Europe can still be a challenging effort in 2019. Within the EU, in spite of the many improved tools available to prosecutors, such as the European Investigation Order, cooperation is still very much a matter of the willingness and readiness of the requested country to cooperate and of the allocation of resources. In fact, the EU’s legal framework in this field is still based on the decision of the requested (judicial or prosecuting) authority to execute the requested activity, even when fundamental rights are not at stake. The basics of the legal…
Published 6 years, 4 months ago