EuCLR European Criminal Law Review

In the course of 2019, the Luxembourg court was invited to reflect and rule on the interpretation of different provisions within the EU’s legal framework governing cooperation in criminal matters. Analysis of the court’s case law reveals that...

The purpose of this paper is to try to analyse the Polish regulation of the victim’s right to a review of a decision not to prosecute, issued in pre-trial proceedings conducted in the form of an inquiry. Although the Directive 2012/29/EU...

Asset recovery has been considered a key element in the fight against organized crime for almost two decades. Yet, its celebration in policy documents and civil society debates stands in stark contrast to the realities on the ground. The EU wants to...

While European regulations prohibiting forced labour do not explicitly address the impact of remuneration on its presence, a closer look at corresponding case law identifies that indeed some specific principles are repeatedly applied by the European...

The conflict in Syria and Iraq has raised the debate on foreign fighters to unprecedented levels. The international community expressed grave concern over this acute and growing threat and addressed the problem by, inter alia, obliging States to...

The cross-border gathering of evidence within the European Union raises a vast amount of practical questions. With adoption of the Directive 2014/41/EU on 3 April 2014, the European Parliament and the Council of the European Union try to respond to...

Prima facie, the implementation of European prison law rules and European Court rulings seems to be facilitated by the French legal structure since it views international and European law as having primacy over national norms. However, in a written...

The competence for issuing a European Arrest Warrant (EAW) is a hot topic at the moment. It has been the subject of four rulings of the Court of Justice of the European Union (CJEU) alone in 2019. These are preceded by three more rulings on the same...

Protecting the human rights of individuals facing criminal proceedings is an essential element of the rule of law. It is also a cornerstone for strengthening trust between EU Member States and, therefore, for ensuring effective judicial cooperation...

In Reference to the Application of Ostia Developers Ltd et al., the High Court of Cyprus dealt with the issue of whether an accused in a private prosecution has a right to access the materials of the case. The Court held that under Article 7 of...

The purpose of this paper is to analyze the tools of diversion that some States have already introduced in the proceedings against the companies. The premise from which the analysis moves is represented by the assertion that, even if the principle...

Addressing the need to avoid punishing long past events that have fallen into oblivion, only to then come into play when the government, by means of proceedings, stages a re-enactment and thus a reminiscence of those events: statutes of limitations...

The European freedom of movement has led to an increase of criminal cases with a cross-border element. Offenders can easily commit multiple offences on the territory of different Member States or can easily move from one Member State to another...