EuCLR European Criminal Law Review

The interplay of administrative and criminal proceedings increases the complexity that characterizes the transnational evidence in criminal matters and poses difficult challenges. The scope of the right to self-incrimination in administrative tax...

Since it entered into force, Framework Decision 2002/584/JHA on the European Arrest Warrant has given rise to a number of interpretative issues that have been referred to the European Court of Justice through the preliminary reference procedure....

This article discusses the fundamental issues surrounding the assignment of jurisdiction in criminal matters and the resolution of jurisdictional conflicts within the supranational setting of the EU. After delving into the interests that lie behind...

The influence of EU law on French criminal law is twofold: it first has an impact on substantive criminal law but also on procedural law. The Europeanisation of material criminal law has been rather limited in France in comparison to its influence...

This paper discusses the relationship between on the one hand EU-wide harmonisation of substantive criminal law, and on the other, the principle of mutual recognition in the framework of transnational cooperation between EU Member States. It posits...

At first glance, the decision of the European Court of Human Rights in the case of Boris Nemtsov v. Russia seems to be a genuine success for the applicant, as a range of violations of the Convention were ascertained. However, a closer look reveals...

The enforcement of collateral sanctions on convicts and ex-convicts affecting political, civil and social rights that do not relate to the previous offence committed, frequently based on non-criminal law provisions, is proving to have a highly...

The essay analyses and compares the supranational and the Italian legal frameworks on the protection of the financial interests of the EU, with a view to investigating the significance of the developments in this field for the Italian criminal...

The article searches for concrete remedies for violation of the right to counsel, which could be considered “effective” in the meaning of Article 12 of the Directive 2013/48/EU. Article 12 obliges the Member States of the EU to guarantee...

One of the ways through which European countries cooperate in criminal matters is the transfer of sentenced persons from one country to serve their sentences in their countries of nationality. These transfers are governed by two instruments: Council...

In its judgment of the 19th of November 2013, Belgium’s highest court, the Court of Cassation, confirmed an earlier judgment of the so-called kamer van inbeschuldigingstelling (KI) of the Court of Appeal in Ghent in response to a surrender...

This essay endeavours to illustrate the existing system of positive fault requirements in EU criminal law. The suggested model is based on the present EU legislation, including preparatory works, and the essential case law of the CJEU. Despite...

In the first part of the article, it has been analysed to what extent judgements by the European Court of Human Rights and the European Court of Justice oblige Member States to go back on final judgements in national criminal proceedings. The...

Led by the diktat “crime does not pay”, the recent criminal policy regarding measures to counter illegal assets is dangerously turning towards constitutionally abnormal models, often revealing “preventive criminal law” paradigms. In this...

This article discusses proposed models for a European Public Prosecutor’s Office with regard to the potential for influence of such an institution on substantive criminalisation - i.e. the way in which a criminal offence is applied in practice. To...

It must be said that Tyndall could not more eloquently express the importance of looking beyond one’s own borders and pushing the boundaries which are thereby revealed. The statement of the scientist should be kept in mind in as many contexts as...

European Union law is equally authentic in all official languages of the European Union. The European Court of Justice has reiterated this principle many times, although it is hardly practical. Noting that even the European Court of Justice...

National criminal law is to a large extent influenced by European Law and especially by decisions of the European Courts. European Courts are the Court of Justice of the European Union (Art. 251 et seq. TFEU, in the following “ECJ”) and the...

Several rights guaranteed by the ECHR and the CFR are applicable only in case of a ‘criminal charge’. Therefore, it is important to know whether, or not, a certain sanction is criminal in nature. It is equally important that the CJEU qualifies...

The European Agenda on Security sets goals and priorities regarding EU criminal law for the period 2015-2020. The present contribution reviews the distinctive aspects of the Agenda and puts emphasis on significant emerging points of concern.