EuCLR European Criminal Law Review

The principle of legality appears to have recently gained less prominence in the European criminal field. The significant array of leading judgments to draw the rationale of this overarching principle has been slow-paced, with negative impacts on...

The proportionality principle is a fundamental aspect of European legal orders and central to European law, despite varying interpretations of what a ‘proportionality test’ entails in different contexts. This was evident when the Court of...

This article examines the nature, legal framework and implications of remote participation in criminal proceedings within the European Union. It explores the balance between technological advancement – which enhances efficiency and streamlines...

The article examines the role of “precedent” in the European Court of Human Rights’ case-law on procedural fairness under Article 6 of the ECHR. Although not formally bound by prior decisions, the Court systematically relies on them to ensure...

The subsidiarity principle under Art. 5 para. 3 TEU involves two conditions for the EU to act in shared areas of competence: material and procedural subsidiarity. The first requires demonstrating why the Union’s objective(s) cannot be sufficiently...