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Results ( 5 ) : 2014 - 1.


The First Exercise of Article 83(2) TFEU under Review: An Assessment of the Essential Need of Introducing Criminal Sanctions

Authors: M. Miglietti

Abstract: The proposed Directive on criminal sanctions for insider dealing and market manipulation1 aims at harmonising the sanctioning regimes of EU Member States on market abuse, imposing the introduction of criminal sanctions. This proposal represents the...


The European Union’s Response to Irregular Migration and the Problem of Criminalisation

Authors: Y. Afia Kramo

Abstract: The global approach to migration adopted by the European Union (EU) has been heavily criticised for its control-based measures which fail to incorporate a rights-based approach to migration governance. This paper considers how irregular migration h...


Punishing Denialism Beyond Holocaust Denial: EU Framework Decision 2008/913/JHA and Other Expansive Trends

Authors: P. Lobba

Abstract: The EU Framework Decision 2008/913/JHA was introduced to harmonise criminal legislation combating racism and xenophobia. Among other measures, it promotes the punishment of conduct identified by scholars as ‘denialism’ or ‘négationnisme’. In line w...


When Does the Length of Criminal Proceedings Become Unreasonable According to the European Court of Human Rights?

Authors: M. Henzelin, H. Rordorf

Abstract: Since the mid-90s the European Court of Human Rights has engaged in a war with excessively lengthy judicial proceedings at the national level, particularly in relation to criminal proceedings. In 2012 alone, the Court rendered 72 judgments regardin...