Editorial

citation manager

Authors: S. Crosby

Volume 2 - p. 351

The European Investigation Order: Changing the Face of Evidence-Gathering in EU Cross-Border Cases

citation manager

Authors: C. Heard, D. Mansell

Volume 2 - p. 353

Content: This article examines the controversial European Investigation Order – a Belgium-led Member States’ legislative initiative whereby a single “mutual recognition” style instrument will replace the existing “mutual legal assistance” regime for cross-b...order evidence-sharing in EU Member States. The article charts the difficult negotiations on the text so far and details the safeguards still needed if this Directive is to offer adequate protection for fundamental rights. More fundamentally, the article asks whether a “one-size fits all” approach to cross-border investigations and evidence-sharing makes sense in the absence of harmonized, coherent rules on admissibility, data protection and investigative procedures in an EU where equality of arms is not a feature of many legal systems.hide

The Nordic Arrest Warrant: What Makes for Even Higher Mutual Trust?

citation manager

Authors: K. Tolttila

Volume 2 - p. 368

Content: The Nordic countries have a history of close cooperation in criminal law matters. One of the latest examples of this cooperation is the Nordic Arrest Warrant, signed in 2005. This article discusses the development of extradition law in the Nordic c...ountries. The aim is to find the various reasons for effective and efficient Nordic cooperation in extradition law.hide

Amnesty International’s Contribution to the European Commission’s Green Paper “Strengthening Mutual Trust in the European Judicial Area – A Green Paper on the Application of EU Criminal Justice Legislation in the Field of Detention”

citation manager

Volume 2 - p. 378

Ne Bis In Idem as a Defence Right and Procedural Safeguard in the EU

citation manager

Authors: T. Bravo

Volume 2 - p. 393

Content: This paper will focus on the ne bis in idem principle, in the AFSJ as a defence right and argues that emancipating this principle from the conflict of jurisdictions debate will increase the status of defence rights in the EU and enhance its dimensi...on as a procedural safeguard. Article 82(2), b) of the TFEU paves the way to harmonisation of procedural safeguards, on an EU level, and can also be understood as a means to create a “common legal grammar” between Member States. Consequently, European legislation regarding ne bis in idem would not only bring legal certainty but it also contributes to diminishing the grounds of refusal as far as mutual recognition legal instruments are concerned. The need for a deontic European model regarding defence rights and procedural safeguards is also in discussion as it would serve as a counterweight between the two dimensions of European integration, in the AFSJ: freedom and security.hide

Criminal Sanctions in the Field of EU Environmental Law

citation manager

Authors: J. Öberg

Volume 2 - p. 402

Cartels in Russia: Fight Chronicles. Way to Success

citation manager

Authors: E. A. Kremyanskaya

Volume 2 - p. 426

Content: The author describes development of Russian competition and criminal law in the context of cartel regulations, discusses known cases and analyses further perspectives in this area, following the passing of the “Third Antimonopoly Package”, signed b...y President Medvedev on the 5th of December 2011.hide

Irish Sex Offender Laws and the Right to Privacy

citation manager

Authors: L. Barron

Volume 2 - p. 440

Content: This article provides a general overview of sex offender laws in Ireland and their compatibility with the European Convention on Human Rights, namely Article 8, the right to privacy. An analysis of public notification schemes such as Megan’s Law in... the US and Sarah’s Law in England and Wales provide a backdrop for a discussion on the proposed introduction of such measures in Ireland. The competing interests of public protection and offenders’ rights are also discussed in the context of punitive measures such as incarceration and registration versus rehabilitation and reintegration.hide

Update on Decisions of the European Court of Human Rights Affecting Criminal Law/Criminal Procedure

citation manager

Authors: R. Lang, Z. A. Bangura

Volume 2 - p. 457

Content: For ease of reading, certain cases have been omitted from this summary. They are cases solely concerning the length of proceedings, cases solely concerning the presence of a military judge on the bench, cases solely concerning the censorship of let...ters, and other “repetitive” or “recurrent” cases which disclose no new point of law.hide

European Legal Interpreters and Translators Association (EULITA)

citation manager

Authors: L. Katschinka

Volume 2 - p. 465

Content: The European Legal Interpreters and Translators Association (EULITA) was established in 2009 to represent the interests of the legal interpreting and translation profession. This article describes the short history of EULITA, its structure and acti...vities, focusing especially on an EU project (TRAFUT = Training for the Future) that aims to support EU Member States in the transposition of the EU Directive on the right to interpretation and translation in criminal proceedings.hide