Editorial

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Authors: S. Crosby

Volume 2 - p. 253

European Commission Adopts Draft Directive on the Right to Have Access to a Lawyer

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Volume 2 - p. 256

Proposal for a Directive of the European Parliament and of the Council on the Rights of Access to a Lawyer and of Notification of Custody to a Third Person in Criminal Proceedings

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Volume 2 - p. 259

Open Letter Regarding the Proposal for a Directive of the European Parliament and of the Council on the Rights of Access to a Lawyer and of Notification of Custody to a Third Person in Criminal Proceedings

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Volume 2 - p. 263

Making Defence Rights Practical and Effective: Towards an EU Directive on the Right to Legal Advice

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Authors: C. Heard, R. Shaeffer

Volume 2 - p. 270

Inhoud: This article outlines the key elements of a new law proposed by the European Commission aimed at ensuring proper access to legal advice and representation for suspects in criminal proceedings in any European Union country. It also reports on how th...e proposed directive has been received, including criticisms by Belgium, France, Ireland, the Netherlands and the United Kingdom.hide

Criminalising Cartels, Caron Beaton-Wells and Ariel Ezrachi (eds.) – A Review

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Authors: S. Crosby

Volume 2 - p. 282

Too Many Cooks spoiling the Broth: Parallel Administrative/Criminal Law Enforcement against ‘Hard Core’ Cartels in Slovenia

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Authors: M. Jager

Volume 2 - p. 287

Inhoud: In Slovenia the parallel administrative/criminal law enforcement against hard core cartels has existed since the mid-1970s. But this dual regime existed in statute only; practice ignored the legally demanded priority of criminal procedure and enfor...ced only the administrative law governing illegal cartels. Even the legislator silently paid tribute to this unwritten law of praxis and recently transplanted an American-style leniency programme into administrative procedure only. Realizing the problem, it is now proposed to introduce leniency into criminal procedure as well. But this criminal leniency is worded too vaguely and does not offer sufficient guarantees. We end up with two uncoordinated schemes where the less structured and predictable ought to have priority over the much more elaborate one introduced in administrative law. For the sake of clarity, consistency and predictability the best solution is to decriminalize hard core cartels. In this way the legislator would resolve all problems created by the parallel regime and at least in theory makes the leniency programme more attractive and thus more effective.hide

The Modern Legal History of Criminal Liability of Children in the United Kingdom 1938–2008

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Authors: T. Clinton Jaja

Volume 2 - p. 301

Inhoud: This article is a historical narrative of the milestones in the history of criminal liability of children in the United Kingdom and the legal implications of these developments for academics and legal systems within and beyond the United Kingdom.

Collection, Analysis and Exchange of DNA Data in the European Union

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Authors: R. Belfiore

Volume 2 - p. 317

Inhoud: The present article provides a general overview of the relevant legislation concerning collection, analysis and exchange of DNA data throughout the EU. While collection and analysis of biological materials for the purpose of obtaining DNA profiles ...have been mainly left to national legislations, which have, however, assimilated internationally recognised profiling techniques, exchange of DNA profiles thereby obtained has been made the object of several EU measures, some generally dealing with exchange of information and data, others expressly devoted to DNA data exchange. In the light of this overview, the aim of this article is to discuss whether the current legislative framework is adequate for promoting swifter and more effective police and judicial cooperation in criminal matters within the EU.hide

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

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Authors: R. Lang, M. Qari

Volume 2 - p. 338

Inhoud: 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