Search results for “no man”

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Search: "no man"

Article
The AY Case – Construing EAW ne bis in idem within the Boundaries of the Preliminary Ruling Reference

This article analyses and comments on the opinion of the Advocate General and the ECJ judgment in case C-268/17 (European arrest warrant against AY). Interestingly, the case has remained somewhat unnoticed, the literature on it being scarce. However, it addresses some quite appealing issues. First, …

Published 5 years, 6 months ago
Article
Fighting Corruption in Malta and at European Union Levels
Undoubtedly, the fight against corruption is no easy job, mainly because of the very secretive nature of such an offence that, at times, makes it next to impossible to detect, especially when hardly anyone files a report with the law enforcement authorities. Hence, new methods need to be identified and devised to fight corruption at a national level and in the European Union whilst at the same time safeguarding human rights, especially the right to a fair and public trial as well as the right to privacy. This is indeed an arduous task for all the public authorities involved in…
Published 6 years, 7 months ago
Article
Where Should the European Union Go in Developing Its Criminal Policy in the Future?

The article reflects on the post-Lisbon framework for EU criminal policy. While the Treaties introduced QMV and co-decision, they also restricted competences to certain procedural and substantive aspects under the principle of conferral. Nilsson warns against legislative lethargy under the “Festina Lente” approach and calls …

Published 6 years, 7 months ago
Article
The European Investigation Order and its Relationship with Other Judicial Cooperation Instruments

The European Investigation Order (EIO) is a major step forward in judicial cooperation in criminal matters within the EU. It has become the main legal tool to gather trans-border evidence, replacing the traditional MLA conventions mainly used for this purpose so far. It co-exists with …

Published 6 years, 11 months ago
Article
The Directive on the Fight against Fraud to the Union’s Financial Interests by means of Criminal Law (PFI Directive)

This article gives an account of the negotiations of the Commission proposal for the Directive
on the fight against fraud to the Union's financial interests by means of criminal law ("PIF Directive"). It also outlines the key elements of the finally adopted legal instrument …

Published 7 years, 6 months ago
Article
The Reform of the EU’s Anti-Corruption Mechanism

This article examines the ongoing reform of the European Union’s anti-corruption mechanism against the backdrop of a large and vulnerable EU budget and persistent shortcomings in protecting the Union’s financial interests. It identifies two core weaknesses of the current framework centred on OLAF: the lack …

Published 5 months, 2 weeks ago
Article
EU Justice and Home Affairs Framework for Accession Cooperation

At the core of every successful cross-border operation are robust legal foundations that facilitate cooperation between the parties. Along with multilateral, bilateral, and national instruments, the EU's major Justice and Home Affairs (JHA) agencies – Europol, Frontex, Eurojust, and, more recently, the European Public Prosecutor’s …

Published 6 months, 4 weeks ago
Article
European Preservation and Production Orders: A Non-Exclusive Approach to E-Evidence within the EU

The 2023 e-evidence Regulation – the new mutual recognition instrument introducing Preservation and Production Orders to obtain e-evidence from service providers – includes a provision allowing issuing authorities to decide freely whether to use this new instrument or to resort to alternative ones, even if …

Published 8 months, 2 weeks ago
Article
Data-Driven Investigations in a Cross-Border Setting

Current technology enables drug traffickers and other criminals to live like digital nomads and direct global operations from any location in the world. That said, this surge of technology also provides law enforcement with new tools. Large datasets allow us to change the way we …

Published 1 year, 4 months ago
Article
Fighting Waste Trafficking in the EU: A Stronger Role for the European Anti-Fraud Office

On 20 May 2024, the new Waste Shipment Regulation (WSR) entered into force. The Regulation aims to better ensure that waste exported outside the EU is properly managed and to modernise shipment procedures to reflect the objectives of a circular economy and climate neutrality.
The …

Published 1 year, 6 months ago