EuCLR European Criminal Law Review

GPS surveillance as an investigation technique and the use of the data collected by this means as evidence in criminal proceedings raises a number of issues relating to the potential violation of the European Convention on Human Rights. One could...

I. Justification of punishment and EU law: Introductory remarks. - II. Offenders’ rehabilitation according to national law, international legal instruments and the limits of EU criminal competences. - II.A. Offenders’ rehabilitation and...

All criminal codes describe criminal offences that incriminate the actions that the Constitutional order seeks to deter or punish. The legal precepts that punish those acts are not always the same as each country will do so in coherence with the...

Over the past few years, the phenomenon of foreign terrorist fighters has deeply influenced European criminal law. The United Nations, the Council of Europe and the European Union have called upon States to criminalise certain conducts linked to the...

Considering the European Arrest Warrant for the transfer of catalan separatist politicians, an issue that had remained rather unstudied until now has actually been raised: the extension of the examination of the executing judge. Some authors think...

Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings is governed by the principle of equivalence. The principle means that the...

The purpose of this paper is to encourage a reflection on the use of anonymous witness evidence by the European Court of Human Rights. An analysis of the leading cases solved by the Strasbourg judges will provide an overview of the European case law...

This article aims to analyse the recent developments with regard to the collection for criminal justice purposes of electronic evidence, and more precisely, content data, in Europe. Firstly, a brief historical overview of the EU’s action in the...

The article discusses whether criminal sanctions are the more effective tool to deal with breaches of national substantive immigration rules regulating the conditions of entry and stay of third-country nationals and to achieve the objectives of the...

In today’s digital age, a large part of our lives has shifted from the physical to the virtual world. As this holds true for ordinary citizens and criminals alike, in the context of criminal investigations, many pieces of evidence nowadays concern...

The European Union aims to develop a well-balanced, mature European criminal law, where free movement of persons as well as free movementof judgments is being pursued in order to install a European Area of Freedom, Security and Justice, and to...

This paper attempts to highlight the main features of ECJ case-law on safeguarding fundamental rights through an overview of the most nodal recent judgments in criminal cases. The objective is to specify their importance to member states’...

The issue of police incitement or entrapment has long been the subject of vivid controversies. The central dilemma is a police investigation that legitimately requires the use of undercover agents, informers and/or other covert practices but is not...

It has almost been eight years since the Lisbon Treaty entered into force on 1 December 2009, reshaping the EU’s competence in the field of criminal law and, among other aspects, abolishing the legal instrument of framework decisions. This...

Considerable limitations of the double criminality requirement in the third pillar instruments were mainly linked with the constitutional principles nullum crimen, nulla poena sine lege. For this reason, researchers did not pay sufficient attention...

In the last decades, the fight against terrorism has (once again) taken centre stage, not only internationally but also on the European level. On both levels, legal counter-measures have targeted specifically terrorist speech. The national...

Article 17 of Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the...

The ‘revisable permanent prison’ sentence has been taken in Spanish Organic Law 1/2015 (30 March), amending the Criminal Code (Organic Law 10/1995 (23 November). It has been justified because, amongst other reasons, it follows the penological...

For years, the European Union (EU) has legislated on criminal matters through Council framework decisions within the third pillar. The Lisbon Treaty recognized the European Union competences for defining crimes and penalties in a number of cases...

Four years after the first proposal for regulation presented by the European Commission, the establishment of a European Public Prosecutor Office is still subject to an intense debate among the EU institutions and the Member States. While the legal...

A recent request by the Italian Constitutional Court to the Court of Justice of the European Union for a preliminary ruling concerning its previous judgment Taricco calls into question the still very controversial relationship between the principle...