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The Italian criminal law system, unlike the systems in many other European countries, allows the defense to carry out defensive investigations on behalf of his/her client. In this contribution, the shortcomings of the recent European legislation on the matter are analyzed, as well as the …
The article examines how the principle of equality must be safeguarded in proceedings of the forthcoming European Public Prosecutor’s Office (EPPO). Falletti identifies two main challenges: ensuring equal rights for suspects and ensuring equal handling of cases. Since the EPPO applies both its Regulation and …
The article assesses France’s transposition of EU directives on the rights of suspects in criminal proceedings. While reforms have strengthened participation in trials, the right to information, and access to interpretation and translation, implementation often falls short of the directives’ spirit. Access to a lawyer …
The piece examines how the European Investigation Order (Directive 2014/41/EU) seeks speedy, mutual-recognition-based cross-border evidence gathering while still respecting fundamental rights. It notes explicit safeguards (Art. 1(4); refusal ground via Charter, Art. 11(1)(f); validation by a judicial authority; special rules for privacy-intrusive measures like telecoms …
The article reflects on the legacy of the 1941 Ventotene Manifesto in light of today’s European Area of Freedom, Security and Justice (AFSJ). While Spinelli and his co-authors could not foresee cross-border judicial cooperation or harmonised procedural rights, their call for federalism and equality foreshadowed …
Data protection is one of today's most important challenges. Cross-border crime, terrorist risks, and new technologies all contribute to an increase in the collection and movement of personal data. This contribution first gives an overview of the content of the recently reformed European data protection …
