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Search: "no man"

Article
Mutual Admissibility of Evidence and Electronic Evidence in the EU

This article seeks to provide arguments in support of legislative action on mutual admissibility of evidence and electronic evidence in criminal proceedings at the EU level. To this end, it will first describe the status quo and then the main features of a corresponding proposal …

Published 2 years, 6 months ago
Article
“Error 404 – Match not found”

In EU Member States, tax administrations are the public organs that make most use of artificial intelligence (AI) and machine learning (ML) systems to perform State prerogatives. At least 18 EU Member States frequently use AI tax enforcement systems. In certain areas of taxation, such …

Published 2 years, 11 months ago
Article
The Future of EU Sanctions against Russia: Objectives, Frozen Assets, and Humanitarian Impact

EU sanctions against Russia are unprecedented in their breadth, as well as in the seriousness of the wrongdoing they seek to address. As a result, the EU finds itself in uncharted waters as it develops its sanctions policy vis-à-vis Russia. This paper offers an overview …

Published 3 years, 10 months ago
Article
Dealing with Uncertainties in the Pandemic

The uncertainties experienced throughout the COVID-19 pandemic have posed major challenges both to the law itself and to its application. Prognostic uncertainties and gaps in knowledge about the new virus, on the one hand, and the need to act quickly, on the other, confronted the …

Published 4 years, 10 months ago
Article
Some Memories of the Third Pillar

The author gives a personal overview of how the European Union became involved in criminal law over the last 20 years. He calls to mind the main stages of the development, from the Maastricht and Amsterdam Treaties to the draft European constitution and the Lisbon …

Published 6 years, 3 months ago
Article
Better Regulation in European Criminal Law
The entry into force of the Lisbon Treaty on 1 December 2009 resulted in a number of important changes for the democratic accountability of European criminal law. Among them is the enhanced role of the European Parliament as regards the adoption of EU legislation in this area. This coincides with the Charter of Fundamental Rights of the European Union (EU Charter) achieving binding status.1 A new European Parliament was installed in July 2014, followed by the confirmation of the Commission presided over by Jean-Claude Juncker. Together with the Council, these European institutions now have the obligation to make a convincing…
Published 6 years, 7 months ago
Article
Asset Recovery in the UNCAC Convention: Possibilities and Limitations
The United Nations Convention against Corruption (UNCAC), adopted on 31st October 2003, entered into force on 14th December 2005. To date, 143 States have ratified the instrument. Most of the Member States of the European Union are State parties. UNCAC is the first international instrument that provides a comprehensive response towards tackling public and private corruption worldwide. The main purpose of the Convention is to combat important manifestations of corruption at the global level. Corruption affects all countries, but, in particular, presents a serious obstacle to economic and social development and undermines the work of the legal and administrative institutions…
Published 6 years, 9 months ago
Article
Paving the Way for Improved Mutual Assistance in the Context of Customs Fraud
I. Introduction Customs fraud is a growing phenomenon, which causes significant damage to the Union’s financial interests. The losses resulting from some of the most common types of customs-related fraud (i.e., misdeclaration of origin, misdescription of goods, and misuse of the transit system) are estimated at around €185 million per year.1 Under Article 325 of the TFEU, it is the responsibility of the Union – as well as its Member States – to protect the EU’s financial interests. Given the scale of the problem, coupled with the growing threat of transborder crime, the importance of combating customs fraud and ensuring…
Published 7 years ago
Article
Access to the Case Materials in Pre-Trial Stages

The right of access to the case materials (Art. 7 of Directive 2012/13/EU) is crucial to enable an effective defence and ensure equality of arms in criminal proceedings. However, when it comes to the pre-trial stages of criminal proceedings, Art. 7 of Directive 2012/13/EU is …

Published 7 years ago
Article
The European Public Prosecutor’s Office – More Effective, Equivalent, and Independent Criminal Prosecution against Fraud?

The adoption of the regulation establishing the European Public Prosecutor's Office is a decisive step in the completion of the institutional settings for the protection of the EU’s financial interests. This article looks back at the origins of the project and recalls its underlying rationale. …

Published 7 years, 6 months ago