EuCLR European Criminal Law Review

The right to a fair trial is guaranteed under Article 6 of the European Convention on Human Rights. In an effort to protect this right, the European Court of Human Rights has, inter alia, set criteria to determine whether or not the admission of a...

The European Arrest Warrant is often considered a success story among practitioners. Taking the German-Italian relationship as an example, it becomes apparent that this European instrument replacing to a great extent the classic extradition...

The essay highlights the influence of the ECtHR case law on Italian criminal procedure in the field of effective assistance of counsel. In particular, attention is paid towards the approach undertaken by domestic courts of directly applying the...

The paper underlines the role of the exchange of information on crime control and its consequences, highlighting the Union's example of countering terrorism, which plays a pivotal role in contemporary EU measures to combat crime. To this end, it...

The purpose of this paper is to try to analyse the Italian regulation of accused persons’ remote participation in criminal proceedings. The interest in this matter arises from the suspected frictions of the provisions at hand with fundamental...

The accession of the European Union to the European Convention on Human Rights is an issue frequently addressed by (not only internationalist) legal scholars, who stress that it would allow for an optimisation of the level of protection of...

In modern Europe issues related to the obligation to ensure the right to fair criminal trial for persons who do not speak or understand the language of the criminal proceedings are still pressing. The article discusses main problems stemming from...

The study proposes a characterization of contemporary criminal justice policy in accordance to the overuse that public authorities make of crime control interventions. As a guideline for describing and evaluating the overuse, the article chooses the...

One of the measures adopted by the government of the United Kingdom (the UK) in its effort to combat money laundering and corruption was to enact the Criminal Finances Act of 2017 to amend the Proceeds of Crime Act of 2002 to introduce Unexplained...

I. The concept of criminal matter. - II. The Engel criteria. The first one: classification of the offence under national law. -1. The second one: the nature of the infringement. - 2. The third one: the nature and the severity of the sanction. - 3....

Recently, the conflict between the Italian Constitutional Court (ICC) and the European Court of Justice (ECJ) in the so-called Taricco Saga came to an end. In fact, the dialogue between the courts, which began in 2015 after the decision of the Grand...

The purpose of this paper is to illustrate the ‘war of data’ on prostitution brought on by scholars, politicians, NGOs and the media. The paper also tackles the misleading wordings and realities in place, which significantly shake the empirical...

The competence of the issuing judge in mutual recognition cases to refer for a preliminary ruling before the European Court of Justice (ECJ) is a complex question. The ECJ has nevertheless recognized that competence in its ruling in the AY case, of...

The recent adoption of the Council of Europe Convention against Trafficking in Human Organs is a clear sign that the fight against organ- and transplant-related crimes is stepped up domestically and globally. Apart from providing the first criminal...

The purpose of this paper is, on the one hand, to highlight the reasons that have thus far prevented a systematic and widespread recourse to the commendable (in intent at least) European Protection Order, introduced by Directive 2011/99/EU...

The principle of mutual recognition which was declared to be the cornerstone of judicial cooperation in criminal matters relies on mutual trust between the national authorities involved. The European Union, however, is going through times of crisis...

The article focuses on the enforcing powers of the European Central Bank (ECB) after the entry into force of (EU) Regulation 1024/2013 establishing the Single Supervisory Mechanism (SSM). More precisely, the article discusses whether the attribution...

On 3 April 2014, the European Parliament and of the Council of the European Union adopted Directive 2014/41/EU regarding the European Investigation Order in criminal matters. This article explores the applicability of the European Investigation...

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...

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...

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...

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...