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Documentation
Published 2 years, 8 months ago
Article
Weaknesses in Spanish Jurisprudence on the Criminal Liability of Legal Entities

Systems theory has been criticized in literature on the analysis of organizations and groups of people. Its weaknesses include the lack of ontological support and the absence of evidence demonstrating the validity of its premises. Since Spain incorporated the criminal liability of legal entities into …

Published 2 years, 8 months ago
Profile
Aguilera Gordillo, Rafael
Published 2 years, 8 months ago
Event
Impact of AI on the 2024 European elections and Challenges of AI in European courts
This conference will bring legal practitioners up-to-date by providing an overview of the latest European Union and Council of Europe policy developments, legislative initiatives and case law in the field of fundamental rights and artificial intelligence (AI) systems. At the conference, the focus of discussion will be on the impact of AI on elections and the challenges it poses to litigation in European courts.
Published 2 years, 8 months ago
News
ECJ Clarifies Assessment of "idem" Requirement
On 12 October 2023, the ECJ delivered a judgment in which it clarified the methods to asses the requirement of "same facts" under the principle ne bis in idem enshrined in Art. 54 CISA and Art. 50 CFR.
Published 2 years, 8 months ago
News
FCC: German Legislator Was Prohibited from Introducing Ground for Reopening Criminal Proceedings
On 31 October 2023, the German Federal Constitutional Court (FCC) declared a provision void that allowed the reopening of criminal proceedings if new evidence comes to light with regard to very severe offences. The legal basis - Section 362 no. 5 of the German Criminal Procedure Code is incompatible with the German Constitution's double jeopardy rule.
Published 2 years, 8 months ago
News
ECJ Clarifies Obligation to Inform Accused Person of Reclassification of Offence
On 9 November 2023, the ECJ decided that Union law obliges a criminal court to inform the accused person of a new envisaged legal classification of the criminal act in due time (Case C-175/22, BK). Bulgarian criminal procedure law as interpreted by the Bulgarian courts conflicts with this principle.
Published 2 years, 8 months ago
News
Commission Presents Package to Prevent and Fight Migrant Smuggling
On 28 November 2023, the Commission presented a bundle of measures to reinforce the prevention and fight against migrant smuggling. A new Directive will replace the current legal framework on the facilitation of unauthorised entry, transit and stay in the EU. A new Regulation is designed to strengthen police cooperation in the fight against migrant smuggling with a central, more important role of Europol.
Published 2 years, 8 months ago
News
EDPB/EDPS Joint Opinion on Proposal for a Regulation on the Establishment of the Digital Euro
The European Commission adopted a legislative package on the digital euro on 28 June 2023. It included a proposal to establish a legal framework for a possible digital euro. More specifically, the proposal establishes the framework for the European Central Bank (ECB) to issue the …
Published 2 years, 8 months ago
News
New Directive Amending EU Rules on Administrative Cooperation in Area of Taxation
On 24 October 2023, DAC8 was published in the Official Journal of the EU. The amendments targeting better administrative cooperation in the field of taxation aim to strengthen the fight against tax evasion, among others, by extending registration and reporting obligations and by including crypto assets into the scope of Directive 2011/16/EU.
Published 2 years, 8 months ago