The First Luxembourg Cartel Crime Conference. Wherewith Uniformity?

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Date: 04-09-2012

Note on Lubanga Guilty Verdict from the ICC

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Date: 04-09-2012

The Eternit Case as Seen from the Trenches of the Defence

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Date: 04-09-2012

Famous Spanish Human Rights Judge, Baltasar Garzón, Convicted for Gross Judicial Misconduct (“Trespass Prevarication”)

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Date: 04-09-2012

Inhoud: Judge Baltasar Garzón Real has been the Investigating Judge of the Central Criminal Court of Instruction number 5 of the Spanish National Court (Audiencia Nacional) for over 21 years. The Audiencia Nacional is the only trial Court in Spain, with th...e exception of the Supreme and Constitutional Courts, that has jurisdiction in all the regions of Spain and the only one with powers to deal with terrorism, major drug cases and international extraditions.hide

Note on the Reference in Case C-399/11 Melloni

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Date: 04-09-2012

Inhoud: In this article, Alex Tinsley, Strategic Caseworker at Fair Trials International, reviews the current arrangements under which the Court of Justice of the European Union interprets third pillar measures such as the European Arrest Warrant Framework... Decision. The article then considers the reference from the Tribunal Constitucional in Case C-399/11 Melloni concerning the provisions of the European Arrest Warrant Framework Decision on extradition for the purposes of serving a sentence based on an ‘in absentia’ conviction. It asks whether, at least in this area, the Charter of Fundamental Rights represents a uniform standard of fundamental rights protection, excluding the application of more extensive protections under national constitutional traditions.hide

Assessing Pre-Trial Access to Legal Advice – Results of a Comparative Legal and Empirical Study

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Date: 04-09-2012

Historical Development of Penitentiary Legislation in Albania

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Date: 04-09-2012

Inhoud: This paper presents and analyzes the historical development of penitentiary legislation in Albania during the communist dictatorship and the period after the establishment of political pluralism and the victory of democracy in Albania. During the c...ommunist dictatorship from 1944–1991, the legal regulation of the system of imprisonment for crimes committed was defective, and this led to arbitrary and abusive conduct on the part of the authorities. Where there was regulation it was largely politicized and ideologized and was therefore a powerful weapon in the hands of the proletarian dictatorship. Also, during this time and up to the advance to democracy in Albania, a large number of prisons and labour camps were operated whose inmates were predominantly political prisoners. In the period after the establishment of political pluralism and the advent in 1991 of Albania’s fragile democracy until today, a considerable number of legal acts governing incarceration as a punishment have been approved. Also several conventions and other international acts in the field of fundamental freedoms and human rights, including rights of convicted persons have been ratified. But despite some tangible results this legislation has not led to acceptable penitentiary practices.hide

Framework Decision on Combating Terrorism: Two Questions on the Definition of Terrorist Offences

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Date: 04-09-2012

Inhoud: This contribution discusses two questions arising in relation to the definition of terrorist offences in the Framework Decision on combating terrorism. Firstly, the question is considered as to what extent this definition contains a requirement of ...endangerment that Member States have to include in their national legislation. Secondly, the Framework Decision’s significance for the position of activists, demonstrators and strikers will be addressed.hide

Some Reflections on the Concept of Due Process: What Kind of ‘Doing Justice’ is Emerging in Contemporary Criminal Proceedings?

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Date: 04-09-2012

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

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Date: 04-09-2012

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