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Article
European Perspectives on Rights for Victims of Crime
I. Introduction: The EU framework on victims’ rights Unlike other initiatives seeking to consolidate the area of “freedom, security and justice,” it would be justified to consider the EU action on victims’ rights as a clear success story. Improving the rights, support, protection, and participation of victims in criminal proceedings, alongside capturing and punishing the offenders, has been a focus of Union policy during the past few years, especially since the need for action in this field had been identified as a strategic priority by the Commission in the Action Plan implementing the Stockholm Programme of the European Council.1 The…
Published 6 years, 7 months ago
Article
Legal and Practical Challenges in the Application of the European Investigation Order

After implementation of Directive 2014/41 by the EU Member States (bound by the Directive) in 2017 and the first half of 2018, the European Investigation Order (EIO) has become the core instrument for obtaining evidence located in another EU Member State. The EIO simplifies and …

Published 6 years, 11 months ago
Article
The European Commission’s Proposal on Cross-Border Access to E-Evidence

With human activity becoming more and more dependent on digital technologies, criminal investigations increasingly depend on digital evidence. Yet the gathering of this type of evidence is far from straightforward. Besides technological challenges, one of the major obstacles that law enforcement authorities encounter is the …

Published 7 years, 3 months ago
Article
The Directive on the Right to Information

On 22 May 2012, the European Parliament and the Council adopted Directive 2012/13/EU on the right to information in criminal proceedings. The directive is the second measure ("measure B") in application of the Roadmap on procedural rights, which was adopted by the Council in 2009. …

Published 7 years, 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
The EPPO Implementation: A Perspective from Spain

Spain has been especially supportive of the creation of the EPPO after its mention in the Treaty of Lisbon − and even before that. Notwithstanding, Spain negotiated the implementation of the EPPO knowing that this would necessitate – partly fundamental − structural changes of its …

Published 7 years, 6 months ago
Article
Use and Abuse of the Concept of Fundamental Rights

The focus of this article is on the challenge to which extent EU Member States cooperate. It describes the current landscape of judicial criminal cooperation in the EU, taking into account available data. Hence, one can state that cooperation tools are being increasingly used, but …

Published 7 years, 7 months ago
Article
How to Design a Surveillance Barometer

The surveillance of citizens by government agencies is an issue that can affect many areas of everyday life. It regularly provokes controversy, particularly in public discourse. Strikingly, in discussions about the existing powers of security authorities, their possible extension, or even the introduction of entirely …

Published 2 weeks, 1 day ago
Article
“Yes we can!” – The UK Bribery Act 2010

The article examines the UK Bribery Act 2010 as a major reform of corporate criminal law, replacing fragmented anti-corruption legislation with a comprehensive and far-reaching framework.

Published 2 months ago
Article
Le futur rôle des Cellules de Renseignement Financier

In June 2024, the EU Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) package came into effect. This package comprises one Directive and two Regulations that aim to harmonise and further strengthen the prevention of and fight against money laundering and terrorist financing in the European …

Published 10 months, 1 week ago