EuCLR European Criminal Law Review

The development of a criminal law of sustainability is still in its infancy, but fundamental issues that deserve attention are already emerging. This contribution aims to offer some initial reflections on a topic that is destined to occupy legal...

This article analyses the emergency brake mechanism of the EU criminal law, focusing on both its content and circumstances in which it might be invoked. The analysis adopts the perspective of Member States as the decision to use the mechanism...

In its quest to increase the effectiveness of restrictive measures, the Union has adopted Directive (EU) 2024/1224 defining the offences and penalties applicable in the event of a breach of these measures. At the same time, new rules on asset...

The protection of fundamental rights in surrender and extradition cases is a complex issue. Both the ECtHR and the CJEU created a line of case law which addresses the so-called fundamental rights exception, a test which allows the executing or...

Originally conceived as exceptional instruments of foreign policy under the Common Foreign and Security Policy (CFSP), the European Union’s restrictive measures have evolved into a structural and autonomous system of sanctions. This study examines...

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...

In the fight against the climate crisis and the environmental degradation, the EU and its member states are expanding criminal law. The most recent development is the EU Directive on the protection of the environment through criminal law...

This article explores the phenomenon of femicide and its legal implications, focusing on its definitions and application in various jurisdictions. The analysis begins by reviewing the term “femicide”, highlighting key definitions proposed in...

The present contribution should be read in close connection with the first part published in the 2025 first issue of this review. It aims at framing the assessment of forms of criminalisation in abstracto concerning serious conducts of hate speech...

This article explores the interpretative methodology of the Court of Justice in the field of judicial cooperation in criminal matters, a policy area that is highly sensitive for Member States. Building on the empirical work of Beck and Dederichs,...

Framework Decision 2002/584/JHA on the European Arrest Warrant provides different categories of time limits for executing criminal prosecution or custodial sentence. This case note analyses recent decisions made by the European Court of Justice...

The mutual recognition of freezing and confiscation orders has posed a significant challenge for judicial cooperation within the EU, primarily due to national disparities in substantive and procedural law. In an effort to harmonise this domain and...

The present contribution aims at analysing some crucial issues concerning the new pathways in the reflection relating to the use of criminal law in tackling the most serious forms of the so-called hate speech. It is structured in two different...

This article will provide a critical analysis of restrictive measures, sanctions compliance and corporate liability. As private sector gatekeepers, both regulated entities and potentially any corporations are expected to comply with a complex,...

Although the crime of ecocide has not been currently expressly criminalised at the international level, it has long been the subject of intense debate aimed at defining the methods and timing of its criminalisation. After tracing its origins and...

Contemporary economic criminal law reflects three fundamental dynamics that elucidate its evolution. The first concerns the privatisation of regulation and control over economic behaviour, leading to the proliferation of non-state rules of conduct...