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Article
Every Euro Counts ... and So Does Every Second

The European Public Prosecutor’s Office (EPPO), operational since 1 June 2021, has not just been established to bring the perpetrators of EU fraud to justice but also to help recover the criminal profits they have acquired in the process. Thus, its raison d’être not only …

Published 3 years, 7 months ago
Article
The Role of Local Authorities in the Prevention of and Fight against Money Laundering

Criminal organisations use and misuse legal structures in order to launder the money they earn through crimes. Local authorities can unwittingly and unwillingly facilitate crime and money laundering. After all, criminals or people who can be linked to crime and money laundering have to make …

Published 4 years ago
Article
EPPO: A Challenging, Balance-Striking Exercise in the National and EU Judicial Environment

The EPPO will possibly have to handle procedural rights issues against the background of a national relatively variable geometry.

Published 5 years ago
Article
Rethinking Judicial Cooperation between Africa and Europe

In 1993, France appointed the first liaison magistrate in Italy to improve judicial cooperation between the two countries. Since then, various European, American, North African, and Middle Eastern countries have created liaison magistrate posts worldwide, but this tradition does not exist in Sub-Saharan Africa. Such …

Published 6 years, 5 months ago
Article
The European ne bis in idem at the Crossroads of Administrative and Criminal Law

This article discusses the recent developments in the case laws of the European Courts on the principle of ne bis in idem at the interface between criminal and administrative law, in particular with regard to the legitimacy of double-track enforcement systems. It is argued that …

Published 6 years, 8 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
The Directive on the Presumption of Innocence and the Right to Be Present at Trial

The article traces the genesis and adoption of Directive (EU) 2016/343 on the presumption of innocence and the right to be present at trial, the fourth measure under the Roadmap on procedural rights. Cras and Erbežnik outline the political debates in Council and Parliament, the …

Published 7 years, 5 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
Article
EPPO Institutionalization during the Bulgarian Council Presidency

The article follows up the efforts undertaken by the EU Commission together with the Council of the European Union to set up the European Public Prosecutor’s Office (EPPO). Preparing the EPPO to become operational by 2020 was a top political priority during the Bulgarian Council …

Published 7 years, 6 months ago
Article
Fundamental Rights and Effectiveness in the European AFSJ

In the context of the European Union’s area of freedom, security and justice (AFSJ), “the need to strike the right balance” between the effectiveness of criminal prosecution and cooperation in criminal matters, and the protection of fundamental rights, but also between the primacy of EU …

Published 7 years, 11 months ago