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Dear Readers, The main concern of the European Court of Human Rights is of course to succeed in its mission to protect fundamental rights in Europe. Criminal law, substantive or procedural, is a domain where the need to protect society, whether at the level of the individual state or that of the organisation of European integration – at the quasi-federal level of the Union – must necessarily be confronted and associated with the need to protect fundamental rights. Such is the imperative arising from the irreversible choices made by European States in acceding to the European Convention on Human Rights…

Dear Readers, On the eve of 2011, eucrim can look forward to celebrating its fifth anniversary: the first issue was published in 2006. The idea for the creation of eucrim came about in 2003 at the Strafrechtslehrertagung, the regular meeting of law professors in the German-speaking world, where the development of European criminal law was discussed. During these deliberations, remarks highly critical of Europeanisation but supported by incomplete and misleading information were made, and participants complained about a lack of information in the field of European criminal law. To improve this unsatisfactory situation, I proposed in the discussion that the…

This paper was commissioned in order to contribute to the crucial research conducted by the Max Planck Institute for Foreign and International Criminal law in the field of the financing of terrorism. It presents in a systematic way the main legal framework and counter-terrorism policies …

The article analyses France’s counterterrorism policy in the wake of the January 2015 Charlie Hebdo attack. It traces the evolution of French counterterrorism law since 1986, highlighting shifts after major attacks, and examines post-Charlie measures including expanded intelligence powers, new databases, reinforced offences on glorification …

The article examines the prospects for automatic mutual recognition of judicial decisions in EU criminal matters, focusing on freezing and confiscation orders. It outlines the legal basis for mutual recognition under the Lisbon Treaty, contrasts it with harmonisation, and reviews existing instruments and their shortcomings. …

The article analyses OLAF’s position as a supranational EU body in relation to national judicial authorities, focusing on the sharing of information in fraud and corruption investigations affecting the EU’s financial interests. It outlines the advantages of OLAF’s supranational status—such as recognised competence, speed, and …

This article examines the Council of Europe’s role in addressing the threat of foreign terrorist fighters through the Draft Additional Protocol to the 2005 Convention on the Prevention of Terrorism. Developed in response to UN Security Council Resolution 2178 (2014), the protocol supplements the “Mother …

This article analyses the European Union’s evolving counterterrorism framework in light of recent attacks and the changing nature of the terrorist threat. It traces the EU’s “event-driven” approach since 9/11, the Madrid and London bombings, and the development of the 2005 EU Counterterrorism Strategy with …

Dear Readers, Security is among Europeans’ key concerns in 2015.1 Even though ensuring internal security lies primarily with the Member States, the new and more complex threats that have emerged require further synergies at all levels. The European Agenda on Security presented by the Commission on 28 April 2015 highlights the EU’s added value to Member States’ actions. It underlines that the EU needs a solid criminal justice response to terrorism, covering investigation and prosecution of those who plan terrorist acts or are suspected of recruitment, training, and financing of terrorism as well as incitement to commit a terrorist offence.…

Dear Readers, Over two decades have passed since the EU’s first attempt to harmonise procedural rights in criminal proceedings across the bloc. The 2009 Roadmap, adopted under the Swedish Council Presidency, led to six key directives: on interpretation and translation, information rights, access to a lawyer, presumption of innocence and the right to be present at trial, safeguards for children, and legal aid. Two recommendations followed, addressing vulnerable persons and pre-trial detention conditions. Yet, despite these advances, the EU still lacks a coherent and equal system of procedural rights. While the existing instruments might give the impression of a developing…