The European Criminal Law Review (EuCLR) is a journal dedicated to the development of European Criminal Law and the cooperation in criminal matters within the European Union. In these areas the Lisbon Treaty has supposedly brought about the most important changes and also the greatest challenges for the future.It is the journal’s ambition to provide a primary forum for comprehensive discussion and critical analysis of all questions arising in relation to European Criminal Law. It will include articles and relevant material on topics such as- the harmonisation of national criminal law in consideration of European legal instruments,- the implementation of the principle of mutual recognition in the area of cooperation in criminal matters and the development towards the creation of a European Public Prosecutor,- the emergence of a balanced European Criminal Policy based on fundamental rights, freedom and democracy with particular reference to the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights.
All criminal codes describe criminal offences that incriminate the actions that the Constitutional order seeks to deter or punish. The legal precepts that punish those acts are not always the same as each country will do so in coherence with the...
On March 2018 the Spanish Supreme Court issued a European Arrest Warrant for the surrender of Puigdemont to be tried in Spain for grave offences against the constitutional order. In a preliminary decision the competent judicial authority in Germany...
The Puigdemont case is calling into question the surrender proceedings between Member States. The ex-President is requested to trial for the commission, amongst others, of a crime of rebellion. As this offence is not included in Article 2.2 of...
Considering the European Arrest Warrant for the transfer of catalan separatist politicians, an issue that had remained rather unstudied until now has actually been raised: the extension of the examination of the executing judge. Some authors think...
The ECJ judgment of 5 April 2016 (joined cases Aranyosi y Caldararu) admitted limitations on the principles of mutual recognition and mutual trust. The ECJ recognized these limitations in the context of inappropriate prison conditions in the issuing...
Over the past few years, the phenomenon of foreign terrorist fighters has deeply influenced European criminal law. The United Nations, the Council of Europe and the European Union have called upon States to criminalise certain conducts linked to the...
I. Justification of punishment and EU law: Introductory remarks. - II. Offenders’ rehabilitation according to national law, international legal instruments and the limits of EU criminal competences. - II.A. Offenders’ rehabilitation and...
Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings is governed by the principle of equivalence. The principle means that the...
Third-party money laundering has been comprehensively criminalised in the European Union member states. In contrast, many states have traditionally had a more negative attitude towards the punishability of self-laundering. Then again, under...
GPS surveillance as an investigation technique and the use of the data collected by this means as evidence in criminal proceedings raises a number of issues relating to the potential violation of the European Convention on Human Rights. One could...