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Article
Transnational Virtual Criminal Trials in the European Union

In the wake of the COVID-19 pandemic, the convening of “virtual” and “hybrid” meetings through videoconferencing technology has become a common practice. This trend has also reached the sphere of criminal justice, as more and more jurisdictions, such as Hungary, are authorising hearings and trials …

Published 1 year, 5 months ago
Article
Repercussions of the Establishment of the EPPO via Enhanced Cooperation

This article addresses several issues on the added value of the recently established European Public Prosecutor's Office (EPPO). One section of the article explores whether the establishment of the EPPO via enhanced cooperation undermines the added value of the EPPO in combating crimes affecting the …

Published 7 years, 6 months ago
Article
A Plea for Common Standards on the Lawyer-Client Privilege in EU Cross-Border Criminal Proceedings in Light of Advancing Digitalisation

While the right to lawyer-client confidentiality has long been recognised as a fundamental right enshrined in the right to legal assistance and the right of defence, its practical implementation does not seem to provide adequate safeguards. Many EU Member States still lack clear rules on …

Published 1 year, 7 months ago
Article
Cross-Border Crimes and the European Public Prosecutor’s Office

This contribution aims to shed light on some issues concerning the cross-border cases (already or potentially) falling within the competence of the EPPO. The notion of “cross-border cases” – them being PIF offences or other offences – encompasses at least three scenarios:
i) Cases involving two …

Published 7 years, 6 months ago
Article
The Protection of Fundamental Rights and Procedural Guarantees in OLAF Investigations: a 25-Year Journey

The protection of fundamental rights and procedural guarantees in administrative investigations conducted by the European Anti-Fraud Office (OLAF) has constantly evolved since its creation in 1999.

First, the catalogue of procedural rights and guarantees embedded in the successive regulations governing the conduct of OLAF’s …

Published 1 year, 3 months ago
Article
Developing Public-Private Information Sharing to Strengthen the Fight Against Money Laundering and Terrorism Financing

This article features the summary of the EU-funded ParTFin project. The full report can be downloaded below and separately cited by using a unique DOI number (10.30709/eucrim-2023-031). The project aimed at providing guidance for policymakers, competent authorities, and obliged entities on how to ensure that …

Published 2 years, 3 months ago
Article
Classification of Electronic Data for Criminal Law Purposes

Although the significance of electronic evidence for criminal investigations of any type of criminal offence has been steadily growing for years, respective legal frameworks in all EU Member States are only fragmented – if they exist at all. There is an urgent need for comprehensive …

Published 7 years, 3 months ago
Article
All Roads Lead to Rome: The New AFSJ Package and the Trajectory to Europe 2020

The article reflects on the trajectory of EU criminal law and the Area of Freedom, Security and Justice (AFSJ) after the Lisbon Treaty and the Stockholm Programme, in view of the upcoming “Rome Programme” (2015–2020). Herlin-Karnell identifies eight key points for the future: strengthening the …

Published 6 years, 7 months ago
Article
The OLAF Regulation – Evaluation and Future Steps

The article reviews the 2017 evaluation of OLAF’s legal framework (Reg. 883/2013) and sketches next steps. Using the EU’s Better Regulation playbook, the Commission found OLAF delivers clear EU added value and largely effective cooperation (notably via AFCOS)—but its investigative powers are fragmented by dependence …

Published 7 years, 10 months ago
Article
Criminal Liability of Heads of Business

The article examines the concept and scope of criminal (and punitive administrative) liability of heads of business in protecting the EU’s financial interests. While the 1995 PIF Convention innovatively introduced such liability, the subsequent PIF Directive dropped it, leaving a fragmented legal landscape across Member …

Published 7 years, 6 months ago