Pub Date : 2021-03-30DOI: 10.1177/20322844211006283
E. Fahey
{"title":"Book Review: The European Union as an Area of Freedom, Security and Justice","authors":"E. Fahey","doi":"10.1177/20322844211006283","DOIUrl":"https://doi.org/10.1177/20322844211006283","url":null,"abstract":"","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129691061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-12DOI: 10.1177/2032284421994922
Alexandre Au-Yong Oliveira
In the light of the right to a fair trial and the possibility of in absentia trials, the main purpose of this article is to discuss the meaning of the concept of “having been informed, in due time, of the trial,” under Article 8(2a) of Directive (EU) 2016/343, read in parallel with Article 4a(1) (a) (i) of Council Framework Decision 2002/584/JHA. When thus read and taking into account the legislative history of the Directive, it seems that a different standard is foreseen for the summoning of the accused person for trial under each of the referred legal instruments. I then test the Portuguese standards for summoning the accused person for trial and trials in absentia under each of the possible standards.
{"title":"In absentia trials and standards relating to the summoning to trial of the accused person in EU Law, including reflections on the conformity of Portuguese criminal procedural law with the former","authors":"Alexandre Au-Yong Oliveira","doi":"10.1177/2032284421994922","DOIUrl":"https://doi.org/10.1177/2032284421994922","url":null,"abstract":"In the light of the right to a fair trial and the possibility of in absentia trials, the main purpose of this article is to discuss the meaning of the concept of “having been informed, in due time, of the trial,” under Article 8(2a) of Directive (EU) 2016/343, read in parallel with Article 4a(1) (a) (i) of Council Framework Decision 2002/584/JHA. When thus read and taking into account the legislative history of the Directive, it seems that a different standard is foreseen for the summoning of the accused person for trial under each of the referred legal instruments. I then test the Portuguese standards for summoning the accused person for trial and trials in absentia under each of the possible standards.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"57 10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123554137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-03DOI: 10.1177/2032284421996035
W. Schomburg, Anna Oehmichen
The authors share their first impressions of the EU–UK Trade and Cooperation Agreement in criminal law. After looking at how the Agreement came about and speculating about alternatives, criticism regarding the Agreement is voiced. This concerns the lack of transparency in the legislative process on a general level. Regarding the individual provisions, further points of criticism as well as such of particular interest are identified with reference to the respective articles in this issue. The first impression that the Agreement was developed quickly, without systematic approach, and thus leaves many loopholes and uncertainties, is confirmed. To conclude, however, some positive achievements are also highlighted.
{"title":"Brexit: First observations on the EU–UK Trade and Cooperation Agreement 1 in criminal law","authors":"W. Schomburg, Anna Oehmichen","doi":"10.1177/2032284421996035","DOIUrl":"https://doi.org/10.1177/2032284421996035","url":null,"abstract":"The authors share their first impressions of the EU–UK Trade and Cooperation Agreement in criminal law. After looking at how the Agreement came about and speculating about alternatives, criticism regarding the Agreement is voiced. This concerns the lack of transparency in the legislative process on a general level. Regarding the individual provisions, further points of criticism as well as such of particular interest are identified with reference to the respective articles in this issue. The first impression that the Agreement was developed quickly, without systematic approach, and thus leaves many loopholes and uncertainties, is confirmed. To conclude, however, some positive achievements are also highlighted.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127244796","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-03DOI: 10.1177/2032284421995938
Anna Oehmichen, B. Keith
This article provides an analysis of the new provisions in the EUUK Trade and Cooperation Agreement (TCA) that govern Mutual Legal Assistance in criminal matters. While only few provisions of the European Investigation Order are picked up by the TCA, it is mostly based on the Council of Europe’s European Mutual Assistance Convention of 1959. An overview on applicable law is provided, after which a closer look is taken at procedural aspects in general as well as specific differences between previously applicable and new provisions. In this respect, two conditions for issuing a request are considered, namely availability in similar domestic cases and proportionality. Grounds for refusal, provisional measures and legal remedies also are highlighted. The authors conclude that the new provisions leave a lot of unanswered questions and that while mutual legal assistance can continue, it will happen at reduced pace.
{"title":"Mutual legal assistance under the EU–UK Trade and Cooperation Agreement 1","authors":"Anna Oehmichen, B. Keith","doi":"10.1177/2032284421995938","DOIUrl":"https://doi.org/10.1177/2032284421995938","url":null,"abstract":"This article provides an analysis of the new provisions in the EUUK Trade and Cooperation Agreement (TCA) that govern Mutual Legal Assistance in criminal matters. While only few provisions of the European Investigation Order are picked up by the TCA, it is mostly based on the Council of Europe’s European Mutual Assistance Convention of 1959. An overview on applicable law is provided, after which a closer look is taken at procedural aspects in general as well as specific differences between previously applicable and new provisions. In this respect, two conditions for issuing a request are considered, namely availability in similar domestic cases and proportionality. Grounds for refusal, provisional measures and legal remedies also are highlighted. The authors conclude that the new provisions leave a lot of unanswered questions and that while mutual legal assistance can continue, it will happen at reduced pace.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"162 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116371029","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-03DOI: 10.1177/2032284421996022
Albert Janet
The rules on dispute settlement of Part 3 of the Trade and cooperation Agreement provide for a consultation procedure between the Parties, to be held either within the framework of the Specialized Committee on Law Enforcement and Judicial Cooperation or within the framework of the Partnership Council. A decision by either of these bodies is considered a mutually agreed solution. The Parties may also reach a solution without involving these bodies. If no mutually agreed solution is reached, the complaining Party may suspend the Titles to which the breach pertains, and the respondent Party may suspend all of the remaining Titles. The Specialized Committee on Law Enforcement and Judicial Cooperation decides what measures are needed to ensure that any cooperation affected by the suspension of the Titles is concluded in an appropriate manner. The suspended Titles can be reinstated by the Parties if the breach no longer exists.
{"title":"Dispute settlement and jurisdictional issues for law enforcement and judicial cooperation in criminal matters under the EU–UK trade and cooperation agreement 1","authors":"Albert Janet","doi":"10.1177/2032284421996022","DOIUrl":"https://doi.org/10.1177/2032284421996022","url":null,"abstract":"The rules on dispute settlement of Part 3 of the Trade and cooperation Agreement provide for a consultation procedure between the Parties, to be held either within the framework of the Specialized Committee on Law Enforcement and Judicial Cooperation or within the framework of the Partnership Council. A decision by either of these bodies is considered a mutually agreed solution. The Parties may also reach a solution without involving these bodies. If no mutually agreed solution is reached, the complaining Party may suspend the Titles to which the breach pertains, and the respondent Party may suspend all of the remaining Titles. The Specialized Committee on Law Enforcement and Judicial Cooperation decides what measures are needed to ensure that any cooperation affected by the suspension of the Titles is concluded in an appropriate manner. The suspended Titles can be reinstated by the Parties if the breach no longer exists.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125354568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-03DOI: 10.1177/2032284421996051
R. Niblock
This article will examine the provisions of Part III, Title VI of the Trade and Cooperation Agreement (TCA) on Eurojust. While the agreement in the TCA with regard to Eurojust allows cooperation to continue, the new arrangements amount to a significant change. The article also looks at cooperation between the UK and other EU agencies, specifically the European Anti-Fraud Office and the European Public Prosecutor’s Office, concluding that the practical impact of the UK’s departure from the EU is unlikely to be significant.
{"title":"Cooperation with EU agencies and bodies under the EU–UK Trade and Cooperation Agreement 1 : Eurojust, OLAF and the EPPO","authors":"R. Niblock","doi":"10.1177/2032284421996051","DOIUrl":"https://doi.org/10.1177/2032284421996051","url":null,"abstract":"This article will examine the provisions of Part III, Title VI of the Trade and Cooperation Agreement (TCA) on Eurojust. While the agreement in the TCA with regard to Eurojust allows cooperation to continue, the new arrangements amount to a significant change. The article also looks at cooperation between the UK and other EU agencies, specifically the European Anti-Fraud Office and the European Public Prosecutor’s Office, concluding that the practical impact of the UK’s departure from the EU is unlikely to be significant.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127249968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-03DOI: 10.1177/2032284421994921
S. Schomburg
In its general provisions, the Trade and Cooperation Agreement (TCA) highlights the importance of the protection of Human Rights. The article describes the potential impact of the new rules under the TCA on (international) ne bis in idem and arrest warrants between the UK and EU Member States. It further explains the role of the Specialised Committee on Law Enforcement and Judicial Cooperation which is vested with a significant role.
{"title":"General provisions under the EU–UK Trade and Cooperation Agreement","authors":"S. Schomburg","doi":"10.1177/2032284421994921","DOIUrl":"https://doi.org/10.1177/2032284421994921","url":null,"abstract":"In its general provisions, the Trade and Cooperation Agreement (TCA) highlights the importance of the protection of Human Rights. The article describes the potential impact of the new rules under the TCA on (international) ne bis in idem and arrest warrants between the UK and EU Member States. It further explains the role of the Specialised Committee on Law Enforcement and Judicial Cooperation which is vested with a significant role.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126360132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-03DOI: 10.1177/2032284421995933
W. Schomburg, Anna Oehmichen, Katrin Kayß
As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.
{"title":"Human rights and the rule of law in judicial cooperation in criminal matters under the EU–UK Trade and Cooperation Agreement 1","authors":"W. Schomburg, Anna Oehmichen, Katrin Kayß","doi":"10.1177/2032284421995933","DOIUrl":"https://doi.org/10.1177/2032284421995933","url":null,"abstract":"As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132162759","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-03DOI: 10.1177/2032284421994920
Catherine Van de Heyning
The submission discusses the provisions in the EU–UK Trade and Cooperation Agreement on data protection as well as the consequences for the exchange of passenger name record data in the field of criminal and judicial cooperation. The author concludes that the impact of the Agreement will depend on the resolvement of the United Kingdom to uphold the standards of protection of personal data equivalent to the EU’s in order to reach an adequacy decision.
{"title":"Data protection and passenger name record in judicial criminal matters under the EU–UK Trade and Cooperation Agreement","authors":"Catherine Van de Heyning","doi":"10.1177/2032284421994920","DOIUrl":"https://doi.org/10.1177/2032284421994920","url":null,"abstract":"The submission discusses the provisions in the EU–UK Trade and Cooperation Agreement on data protection as well as the consequences for the exchange of passenger name record data in the field of criminal and judicial cooperation. The author concludes that the impact of the Agreement will depend on the resolvement of the United Kingdom to uphold the standards of protection of personal data equivalent to the EU’s in order to reach an adequacy decision.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"02 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124097580","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-03DOI: 10.1177/2032284421995952
Aurélia Grignon, Constance Ascione Le Dréau
Title X of the EU–UK Trade and Cooperation Agreement addresses cooperation between these two entities with regards to Anti-money laundering and counter terrorist financing. While these provisions state a common desire to pursue common efforts in this domain, there is no denying that Brexit will impact existing and contemplated cooperation channels.
{"title":"Anti-money laundering and counter terrorist financing under the EU–UK Trade and Cooperation Agreement","authors":"Aurélia Grignon, Constance Ascione Le Dréau","doi":"10.1177/2032284421995952","DOIUrl":"https://doi.org/10.1177/2032284421995952","url":null,"abstract":"Title X of the EU–UK Trade and Cooperation Agreement addresses cooperation between these two entities with regards to Anti-money laundering and counter terrorist financing. While these provisions state a common desire to pursue common efforts in this domain, there is no denying that Brexit will impact existing and contemplated cooperation channels.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120952385","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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