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.
This essay endeavours to illustrate the existing system of positive fault requirements in EU criminal law. The suggested model is based on the present EU legislation, including preparatory works, and the essential case law of the CJEU. Despite...
Led by the diktat “crime does not pay”, the recent criminal policy regarding measures to counter illegal assets is dangerously turning towards constitutionally abnormal models, often revealing “preventive criminal law” paradigms. In this...
This article discusses proposed models for a European Public Prosecutor’s Office with regard to the potential for influence of such an institution on substantive criminalisation - i.e. the way in which a criminal offence is applied in practice. To...
In its judgment of the 19th of November 2013, Belgium’s highest court, the Court of Cassation, confirmed an earlier judgment of the so-called kamer van inbeschuldigingstelling (KI) of the Court of Appeal in Ghent in response to a surrender...
In the first part of the article, it has been analysed to what extent judgements by the European Court of Human Rights and the European Court of Justice oblige Member States to go back on final judgements in national criminal proceedings. The...