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Article
Protection of Fundamental Rights and Criminal Law
I. Preliminary Remarks Of the most significant innovations of the Treaty of Lisbon, one must refer to the conferral to the EU of a competence in criminal matters,1 according to which the national legislator, in some cases, is under the obligation to adopt criminal provisions implementing measures regulating criminalization decided at the supranational level. Indeed, according to Art. 83 TFEU, the EU legislative bodies – European Parliament and Council in co-decision − “establish, by means of directives adopted in accordance with the ordinary legislative procedure, minimum rules concerning the definition of criminal offences and sanctions.” Such a competence is conferred…
Published 7 years ago
Profile
Scalia, Valeria
Published 7 years ago
Article
ECHR and the CJEU

It is certainly true that the juridical system on the protection of human rights in Europe is rather complex. This is for two main reasons; firstly, the Charter serves as a clear legal basis for the CJEU to rule on fundamental rights issues and, second-ly, …

Published 7 years ago
Profile
Kargopoulos, Alexandros-Ioannis
Published 7 years ago
Profile
Mitsilegas, Valsamis
Published 7 years ago
Article
Judicial Concepts of Trust in Europe’s Multi-Level Security Governance

European integration in the field of security and criminal law has been largely based on the establishment of mechanisms of inter-state cooperation. Inter-state cooperation has both an internal and an external dimension. The internal dimension consists of the establishment of mechanisms of inter-state co-operation via …

Published 7 years ago
Article
Compliance with the Rule of Law in the EU and the Protection of the Union’s Budget

Strengthening the rule of law – and in particular judicial independence – has been on the EU agenda for several years and it is still a high priority. The situation in Poland and Hungary has confirmed that the measures provided in the Treaties are not …

Published 7 years ago
News
Who Will Recover Jeffrey Epstein’s Assets?
With the death of American financier Jeffrey Epstein on 10 August 2019, who faced federal charges for sex trafficking, the Government’s criminal case against him comes to an end and so does the effort to recover his assets and distribute them to the victims as …
Published 7 years ago
Article
Obtaining Records from a Foreign Bank

A federal court in the United States granted a motion to compel two Chinese banks to comply with subpoenas served on their US branches, demanding records of transactions occurring in China. The same court also granted a motion to compel a third Chinese bank that …

Published 7 years ago
Article
Civil Asset Recovery: The American Experience

In the United States, federal prosecutors routinely employ asset recovery as a tool of law enforcement. The approach takes two forms. In criminal cases, the prosecutor may seek to recover or “forfeit” property as part of the defendant’s sentence, if the defendant is convicted. Alternatively, …

Published 7 years ago