criminal law

This tag is associated with 15 posts

Revision of the Schengen Information System for law enforcement [EU Legislation in Progress]

The Schengen Information System (SIS) is a large-scale information database that supports external border control and law enforcement cooperation in the Schengen states. Continue reading

Child-friendly justice in the EU

Written by Anna Dimitrova-Stull, Ulla Jurviste and Irene Penas Dendariena, Every year hundreds of thousands of children across the EU are involved in judicial proceedings. They may enter into contact with justice systems in many different ways: for family issues such as divorce or adoption, in administrative justice for immigration or nationality matters or in … Continue reading

The European Investigation Order: Key sources

In the area of judicial cooperation between Member States in criminal matters the legal framework on obtaining and transmitting evidence between Member States consists of several different instruments, based either on the principle of mutual legal assistance or on that of mutual recognition. This framework is generally considered to be fragmented and confusing, creating different … Continue reading

Le contrôle des armes à feu dans l’UE

L’utilisation abusive des armes à feu représente un enjeu en termes de sécurité et de santé publique. Au sein de l’Union européenne (UE), ces armes sont la cause de plusieurs milliers de décès par an. Les homicides ne sont qu’une partie des infractions commises avec des armes à feu. Celles-ci sont utilisées dans le cadre … Continue reading

Droits des victimes de la criminalité: État des lieux et perspectives de l’action de l’UE

English language version available in PDF format Rights of victims of crime: State of play and prospects for EU action Chaque année, de nombreuses personnes sont victimes de la criminalité dans l’Union européenne (UE). Être victime peut avoir de lourdes conséquences. Des difficultés particulières peuvent surgir lorsque l’acte criminel survient dans un État membre autre … Continue reading

Strengthening victims’ rights in the EU

The issue of protecting victims in criminal proceedings has become a legislative priority at EU level in part due to the enhanced importance in the European debate of issues concerning the fundamental rights of accused and suspected persons, in particular the right to fair trial. The entry into force of the Lisbon Treaty created explicit EU competence to legislate on the rights … Continue reading

The right of access to a lawyer

In the European criminal justice area, the procedural rights of suspected or accused persons in criminal proceedings are an essential component of measures harmonising EU law or foreseeing mutual recognition mechanisms. The proposed Directive on the right of access to a lawyer follows a 2009 Council road map on rights of suspects and accused persons. … Continue reading

New legal framework for financial statements

The current legal framework for financial statements was enacted three decades ago and has been heavily amended since. The Commission’s proposal for a new directive aims at consolidating and simplifying the law, reducing the administrative burden for small undertakings, as well as enhancing the transparency of payments made to govern­ments by the extractive industry. Background … Continue reading

Mutual recognition of protection measures in civil matters

According to the Stockholm Programme, natural persons moving around the EU should have the same level of protection in all Member States (MS), within the common area of freedom, security and justice. The principle of mutual recognition has recently been applied to protection measures in criminal matters. The EP and Council are now asked to … Continue reading

US law enforcement in the fight against organised crime

The United States has a long history of dealing with organised crime. Specific federal laws have been adopted and a number of government agencies set up to tackle various aspects of such criminal activities. Federal law enforcement agencies have played an important role in dealing with organised crime and drug-trafficking organisations, with drugs addressed separately … Continue reading

Changes to EU anti-money-laundering rules

Money laundering has many different forms, and is a permanent threat within and outside the EU. In recent years, the EU has strengthened its anti-money-laundering framework. The Anti-Money-Laundering Directive (AMLD), which incorporates the main provisions for fighting money laundering and terrorist financing, is complemented by the Funds Transfers Regulation, which improves the traceability of actors … Continue reading

EU rules on transfer of sentenced persons

In a globalised world, transfers of convicted criminals to complete their sentences in their home countries are becoming more and more common. The international framework developed to facilitate such transfers requires the consent of both states involved as well as of the sentenced person. This has been seen as a major disadvantage, including of the … Continue reading

Witness protection programmes. EU experiences in the international context

Witness testimony has critical value in investigating and prosecuting crime. For this reason many witnesses – in particular those who testify against organised crime – are intimidated and threatened. The state protects witnesses in various ways, sometimes going as far as to relocate them and give them new identity through participation in witness protection programmes … Continue reading

Towards an EU approach to criminal law

Criminal law is primarily a national competence, although international cooperation has developed since the Second World War, in particular at UN and Council of Europe levels. During earlier stages of European integration, the European Communities required Member States (MS) only to adopt effect­ive, dissuasive and proportionate sanctions for infringements of Community law. The situation changed … Continue reading

Rights and protection for victims of crime

According to the EU Treaties and the Stockholm programme, criminal law should focus not only on repression, but special attention should also be paid to victims in the area of freedom, security and justice. While protection measures exist in specific cases, a May 2011 Commission proposal would extend protection to cover all types of crimes … Continue reading

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