Pub Date : 2023-03-01DOI: 10.1177/20322844231157078
V. C. Ramos
This piece looks at the principle of equality of arms in EPPO proceedings, arguing that it should be looked at as a mandate for maximisation rather than only as a requirement of meeting certain minimum standards. It advocates for addressing the imbalance in a three-fold manner: in the short term, i) it is up to the EPPO itself to set its bar high and harmonise practices and procedures in a way that maximises the respect for the principle of equality of arms, by strengthening and harmonising the rights of defence; in the medium-term ii) to create a strong and harmonised set of procedural safeguards that addresses the systemic flaw and the fragmented legal protection, including the right to effective judicial review and substantive remedies, but also safeguards for intrusive acts of evidence-gathering, seizure and detention; and iii) to set avenues of direct access for the accused to the Court of Justice of the EU in respect of EU Law in EPPO proceedings. It concludes with the author’s wish that the establishment of a single prosecution office will be counterbalanced by the enfranchisement of citizens with a robust single Charter of defence rights, including a strong and pro-active global defence, and effective remedies under a single legal area, including access to a truly European Court: One Single Office, One Single Charter, One Single Global Defence, One Single Court.
{"title":"The EPPO and the equality of arms between the prosecutor and the defence","authors":"V. C. Ramos","doi":"10.1177/20322844231157078","DOIUrl":"https://doi.org/10.1177/20322844231157078","url":null,"abstract":"This piece looks at the principle of equality of arms in EPPO proceedings, arguing that it should be looked at as a mandate for maximisation rather than only as a requirement of meeting certain minimum standards. It advocates for addressing the imbalance in a three-fold manner: in the short term, i) it is up to the EPPO itself to set its bar high and harmonise practices and procedures in a way that maximises the respect for the principle of equality of arms, by strengthening and harmonising the rights of defence; in the medium-term ii) to create a strong and harmonised set of procedural safeguards that addresses the systemic flaw and the fragmented legal protection, including the right to effective judicial review and substantive remedies, but also safeguards for intrusive acts of evidence-gathering, seizure and detention; and iii) to set avenues of direct access for the accused to the Court of Justice of the EU in respect of EU Law in EPPO proceedings. It concludes with the author’s wish that the establishment of a single prosecution office will be counterbalanced by the enfranchisement of citizens with a robust single Charter of defence rights, including a strong and pro-active global defence, and effective remedies under a single legal area, including access to a truly European Court: One Single Office, One Single Charter, One Single Global Defence, One Single Court.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"307 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115252095","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 : 2023-03-01DOI: 10.1177/20322844231158317
Luca De Matteis
The legal framework under which the European Public Prosecutor’s Office (EPPO) is called to operate is particularly complex, given the need for this body to exercise its functions in the legal systems of the Member States, applying both Union and national law. While this may justify the many references to national law contained in the EPPO’s founding Regulation (2017/1939), several among these references present relevant interpretative issues, and may in some cases even have a misleading effect. The article aims at showing examples of these different scenarios. It also touches briefly on the relevance of soft law in the legal framework of the EPPO.
{"title":"The EPPO’s legislative framework: Navigating through EU law, national law and soft law","authors":"Luca De Matteis","doi":"10.1177/20322844231158317","DOIUrl":"https://doi.org/10.1177/20322844231158317","url":null,"abstract":"The legal framework under which the European Public Prosecutor’s Office (EPPO) is called to operate is particularly complex, given the need for this body to exercise its functions in the legal systems of the Member States, applying both Union and national law. While this may justify the many references to national law contained in the EPPO’s founding Regulation (2017/1939), several among these references present relevant interpretative issues, and may in some cases even have a misleading effect. The article aims at showing examples of these different scenarios. It also touches briefly on the relevance of soft law in the legal framework of the EPPO.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"129 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116890642","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 : 2023-03-01DOI: 10.1177/20322844231157080
F. Giuffrida
The first of June 2021 marked the start of the operational activities of the European Public Prosecutor’s Office (EPPO). Established by Regulation (EU) 2017/1939 (‘EPPO Regulation’), the EPPO is the European Union body competent to investigate, prosecute and bring to judgment the perpetrators of criminal offences affecting the Union’s financial interests. The EPPO was established by means of enhanced cooperation. At the time of writing, five Member States do not participate in the EPPO: Denmark, Ireland, Poland, Hungary and Sweden. The effective action against crimes affecting the Union budget requires however smooth cooperation between the EPPO and its counterparts not only in the Member States that participate in the enhanced cooperation, but also in the non-participating Member States. This contribution delves into such cooperation and the several issues it raises, first providing for some introductory remarks on the choice of some Member States not to join the enhanced cooperation on the EPPO. It then analyses the two main provisions of the EPPO Regulation concerning the EPPO’s relations with non-participating Member States, Article 99 and, most importantly, Article 105. Finally, this contribution shortly addresses the relevant role played by Eurojust in this context.
{"title":"The relations between the European Public Prosecutor’s Office and the Member States that do not participate in the enhanced cooperation","authors":"F. Giuffrida","doi":"10.1177/20322844231157080","DOIUrl":"https://doi.org/10.1177/20322844231157080","url":null,"abstract":"The first of June 2021 marked the start of the operational activities of the European Public Prosecutor’s Office (EPPO). Established by Regulation (EU) 2017/1939 (‘EPPO Regulation’), the EPPO is the European Union body competent to investigate, prosecute and bring to judgment the perpetrators of criminal offences affecting the Union’s financial interests. The EPPO was established by means of enhanced cooperation. At the time of writing, five Member States do not participate in the EPPO: Denmark, Ireland, Poland, Hungary and Sweden. The effective action against crimes affecting the Union budget requires however smooth cooperation between the EPPO and its counterparts not only in the Member States that participate in the enhanced cooperation, but also in the non-participating Member States. This contribution delves into such cooperation and the several issues it raises, first providing for some introductory remarks on the choice of some Member States not to join the enhanced cooperation on the EPPO. It then analyses the two main provisions of the EPPO Regulation concerning the EPPO’s relations with non-participating Member States, Article 99 and, most importantly, Article 105. Finally, this contribution shortly addresses the relevant role played by Eurojust in this context.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127374652","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 : 2023-03-01DOI: 10.1177/20322844231158480
F. Biltgen
Les changements d’ores et déjà opérés par la CJUE durant les dernières années démontrent, à mon avis, que celle-ci sait faire preuve d’une grande capacité d’adaptation et est toujours prête à répondre aux défis que l’avenir lui réserve même si cela implique, le cas échéant, de modifier ses procédures, sa composition ou encore la répartition de ses compétences entre les différents organes qui la compose. Elle est donc prête à faire face au contentieux relatif au Parquet européen. Il lui faudra maintenant être saisie de renvois préjudiciels intéressants lui permettant de faire développer le droit de l’Union. Cela dépendra bien sûr du juge national, mais aussi des parties en litige qui pourront suggérer à ce dernier de saisir la CJUE.
{"title":"La jurisprudence pénale de la CJUE: la Cour est-elle prête à recevoir des affaires du Parquet européen?","authors":"F. Biltgen","doi":"10.1177/20322844231158480","DOIUrl":"https://doi.org/10.1177/20322844231158480","url":null,"abstract":"Les changements d’ores et déjà opérés par la CJUE durant les dernières années démontrent, à mon avis, que celle-ci sait faire preuve d’une grande capacité d’adaptation et est toujours prête à répondre aux défis que l’avenir lui réserve même si cela implique, le cas échéant, de modifier ses procédures, sa composition ou encore la répartition de ses compétences entre les différents organes qui la compose. Elle est donc prête à faire face au contentieux relatif au Parquet européen. Il lui faudra maintenant être saisie de renvois préjudiciels intéressants lui permettant de faire développer le droit de l’Union. Cela dépendra bien sûr du juge national, mais aussi des parties en litige qui pourront suggérer à ce dernier de saisir la CJUE.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"151 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124202164","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 : 2023-03-01DOI: 10.1177/20322844231165178
Ben Wild
Relying on Article 2 (right to life) of the European Convention on Human Rights, the applicant alleges that the domestic authorities breached their duty to protect his son’s life and complains that the investigation into the circumstances of his death was not effective.
{"title":"ECtHR Cases Sep - Dec 2022","authors":"Ben Wild","doi":"10.1177/20322844231165178","DOIUrl":"https://doi.org/10.1177/20322844231165178","url":null,"abstract":"Relying on Article 2 (right to life) of the European Convention on Human Rights, the applicant alleges that the domestic authorities breached their duty to protect his son’s life and complains that the investigation into the circumstances of his death was not effective.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"87 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116304739","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 : 2023-02-24DOI: 10.1177/20322844231157079
Rosaria Sicurella
The choice in the EPPO Regulation to establish the material scope of the EPPO by referring to the provisions in the PIF Directive “as implemented by national law” implies that the exact scope of competence of this first European investigating and prosecuting authority finally arises out of national legislations. As a result, the latter becomes decisive in setting the boundaries of individual responsibility in the concrete case. As it was in the past under the force of the third pillar instruments, the level and quality of implementation at national level remain crucial. The first report of the Commission on the implementation of the PIF Directive did raise several critiques in this respect. As a matter of fact, a significant number of infringement proceedings have been launched by the Commission following the worrying findings of the Implementation Report on the PIF Directive. Before looking at the major situations of non-conformity of national legislations with the provisions in the PIF Directive, and the consequences for the effectiveness of EPPO investigations, the Author shortly exposes the main inherent weaknesses of the legal landscape defining the EPPO’s material scope, and the detrimental consequences that the present situation produces not only for the effectiveness of EPPO activities but also with respect to the position of the defendant.
{"title":"The EPPO’s material scope of competence and non-conformity of national implementations","authors":"Rosaria Sicurella","doi":"10.1177/20322844231157079","DOIUrl":"https://doi.org/10.1177/20322844231157079","url":null,"abstract":"The choice in the EPPO Regulation to establish the material scope of the EPPO by referring to the provisions in the PIF Directive “as implemented by national law” implies that the exact scope of competence of this first European investigating and prosecuting authority finally arises out of national legislations. As a result, the latter becomes decisive in setting the boundaries of individual responsibility in the concrete case. As it was in the past under the force of the third pillar instruments, the level and quality of implementation at national level remain crucial. The first report of the Commission on the implementation of the PIF Directive did raise several critiques in this respect. As a matter of fact, a significant number of infringement proceedings have been launched by the Commission following the worrying findings of the Implementation Report on the PIF Directive. Before looking at the major situations of non-conformity of national legislations with the provisions in the PIF Directive, and the consequences for the effectiveness of EPPO investigations, the Author shortly exposes the main inherent weaknesses of the legal landscape defining the EPPO’s material scope, and the detrimental consequences that the present situation produces not only for the effectiveness of EPPO activities but also with respect to the position of the defendant.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128675217","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 : 2023-02-10DOI: 10.1177/20322844231158323
E. Śliwiński
The article argues that the principle of proportionality—a legal tool widely used for balancing competing rights—can be perceived as a threat to criminal-law-related fundamental rights, i.e. mainly the nullum crimen sine lege and ne bis in idem principles. A case study is carried out, of A and B v Norway, Tsonyo Tsonev v Bulgaria (no 4) and Saquetti Iglesias v Spain ECtHR judgments, as well as P16-2021-001 ECtHR advisory opinion and Menci CJEU ruling, heavily relying on the rule-principle distinction (as presented by Ronald Dworkin and Robert Alexy). The conclusion stemming from the study can be described as follows: in some instances ‘inserting’ proportionality into the content of fundamental rights might be inappropriate, i.e. dogmatically flawed and detrimental to the effective protection of these rights.
{"title":"Principle of proportionality as a threat to criminal-law-related fundamental rights","authors":"E. Śliwiński","doi":"10.1177/20322844231158323","DOIUrl":"https://doi.org/10.1177/20322844231158323","url":null,"abstract":"The article argues that the principle of proportionality—a legal tool widely used for balancing competing rights—can be perceived as a threat to criminal-law-related fundamental rights, i.e. mainly the nullum crimen sine lege and ne bis in idem principles. A case study is carried out, of A and B v Norway, Tsonyo Tsonev v Bulgaria (no 4) and Saquetti Iglesias v Spain ECtHR judgments, as well as P16-2021-001 ECtHR advisory opinion and Menci CJEU ruling, heavily relying on the rule-principle distinction (as presented by Ronald Dworkin and Robert Alexy). The conclusion stemming from the study can be described as follows: in some instances ‘inserting’ proportionality into the content of fundamental rights might be inappropriate, i.e. dogmatically flawed and detrimental to the effective protection of these rights.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131376382","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 : 2023-01-31DOI: 10.1177/20322844231154669
Dominik Brodowski
The issue of cross-border admissibility of evidence is a recurring theme of European Criminal Justice, and continues to be perceived as a decisive obstacle hindering the effective prosecution and adjudication of crime. In spite of this, the EPPO Regulation does not include an extensive framework guaranteeing the cross-border admissibility of evidence. In this article, it is argued that this lacuna is far less worrisome than it seems: the boundaries set out by EU primary law, in particular Article 325(4) TFEU and the Charter of Fundamental Rights (CFR), as well as the opportunity of the ECJ to judge on these boundaries, allow for a sufficient convergence of national laws and practices on the (in-)admissibility of evidence.
{"title":"Admissibility of Evidence in EPPO Proceedings","authors":"Dominik Brodowski","doi":"10.1177/20322844231154669","DOIUrl":"https://doi.org/10.1177/20322844231154669","url":null,"abstract":"The issue of cross-border admissibility of evidence is a recurring theme of European Criminal Justice, and continues to be perceived as a decisive obstacle hindering the effective prosecution and adjudication of crime. In spite of this, the EPPO Regulation does not include an extensive framework guaranteeing the cross-border admissibility of evidence. In this article, it is argued that this lacuna is far less worrisome than it seems: the boundaries set out by EU primary law, in particular Article 325(4) TFEU and the Charter of Fundamental Rights (CFR), as well as the opportunity of the ECJ to judge on these boundaries, allow for a sufficient convergence of national laws and practices on the (in-)admissibility of evidence.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128367625","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 : 2023-01-28DOI: 10.1177/20322844231153829
J. Vervaele
highlighting the main outcome of the conference in line with the general title dedicated to the challenges of the EPPO: “towards resolving complexity” and “bringing added value”.
强调了会议的主要成果，与EPPO面临的挑战的总标题一致:“解决复杂性”和“带来附加值”。
{"title":"Closing remarks","authors":"J. Vervaele","doi":"10.1177/20322844231153829","DOIUrl":"https://doi.org/10.1177/20322844231153829","url":null,"abstract":"highlighting the main outcome of the conference in line with the general title dedicated to the challenges of the EPPO: “towards resolving complexity” and “bringing added value”.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"105 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132814550","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 : 2022-11-21DOI: 10.1177/20322844221140713
Carlotta Rigotti, C. McGlynn
In March 2022, the European Commission proposed a new landmark Directive on combating violence against women and domestic violence which includes measures on the non-consensual distribution of intimate and manipulated images. We refer to this form of violence against women as ‘image-based sexual abuse’, a term that encompasses all forms of the non-consensual creating, taking or sharing of intimate images or videos, including threats to share such material and altered material. In this article, we provide a new analysis of current Member State laws covering all forms of image-based sexual abuse, as well as the first detailed examination of the Commission’s proposals to tackle this form of violence against women. We suggest that the Commission’s proposal is characterised by both its ambition and limitations. It is ambitious in its attempts to set minimum rules in challenging areas of criminal law and, in doing so, recognises the serious harms of image-based sexual abuse. At the same time, by seeking to expand the reach of EU criminal law, inevitably requiring compromise, the scope of the proposed measures is somewhat limited. Such compromises and limitations risk entrenching hierarchies between different forms of abuse and, ultimately, the proposal fails to provide a comprehensive response reflective of victims’ experiences.
{"title":"Towards an EU criminal law on violence against women: The ambitions and limitations of the Commission’s proposal to criminalise image-based sexual abuse","authors":"Carlotta Rigotti, C. McGlynn","doi":"10.1177/20322844221140713","DOIUrl":"https://doi.org/10.1177/20322844221140713","url":null,"abstract":"In March 2022, the European Commission proposed a new landmark Directive on combating violence against women and domestic violence which includes measures on the non-consensual distribution of intimate and manipulated images. We refer to this form of violence against women as ‘image-based sexual abuse’, a term that encompasses all forms of the non-consensual creating, taking or sharing of intimate images or videos, including threats to share such material and altered material. In this article, we provide a new analysis of current Member State laws covering all forms of image-based sexual abuse, as well as the first detailed examination of the Commission’s proposals to tackle this form of violence against women. We suggest that the Commission’s proposal is characterised by both its ambition and limitations. It is ambitious in its attempts to set minimum rules in challenging areas of criminal law and, in doing so, recognises the serious harms of image-based sexual abuse. At the same time, by seeking to expand the reach of EU criminal law, inevitably requiring compromise, the scope of the proposed measures is somewhat limited. Such compromises and limitations risk entrenching hierarchies between different forms of abuse and, ultimately, the proposal fails to provide a comprehensive response reflective of victims’ experiences.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130011826","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：