Search results for “no man”

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 …

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…

Where does the protection of human and fundamental rights stand in Europe, particularly in the European Union of the 28 European Member States? Where can the « common heritage of political traditions, ideals, freedom and the rule of law », which is evoked in the …

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 …

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 …

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 …

Dear Readers, If the protection of personal data was ever regarded as a some-what strange subject for specialists only, this is no longer the case for three main reasons. The growing impact of information technology in all fields of life has had the effect that not only citizens but also all kinds of professionals are confronted with issues of personal data protection, whether they like it or not. At the same time, these issues are becoming increasingly global, either linked to the growing use of services available on the Internet by individuals, companies, or governments and becoming increasingly personal, as…

The article analyses how national and international developments have reshaped the roles of the Dutch judge of instruction and the public prosecutor in international judicial cooperation. Traditionally, the judge of instruction controlled preliminary investigations and the use of coercive measures, also in cross-border cases. With …

In spring of 2014, the Court of Justice published two rulings that are remarkable for different reasons and share one common trait: both judgments fall short of expectations. One of the tasks of the Court of Justice is interpretation of EU legal acts by means of preliminary rulings. National judges may request the Court to clarify provisions of EU law or even the validity of an EU legal instrument. In the past decades, this has led to several landmark rulings that have shaped EU law.1 Through its jurisprudence, the Court has established a number of fundamental principles by giving elaborate…

I. Background United Nations Security Council Resolution 2178 (hereinafter “UNSCR 2178”) was adopted by the Security Council acting under Chapter VII of the Charter of the United Nations on 24 September 2014. It aims at stemming the flow of so-called “foreign terrorist fighters” (i.e., individuals who travel to another State than that of their nationality or residence for the purpose of “the perpetration, planning, or preparation of, or participation in, terrorist acts, or the providing or receiving of terrorist training”1) to Syria and Iraq to join “ISIL, ANF and other cells, affiliates, splinter groups or derivatives of Al-Qaida.”2 Given the…