Social Sciences › Political Science and International Relations

European Criminal Justice and Data Protection

Works Count: 85348

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Description

This cluster of papers explores various aspects of European Union criminal law and justice cooperation, including mutual recognition, human rights protection, the European Arrest Warrant, prosecution service function, and the legal framework within the Schengen Area. It delves into the complexities and challenges of harmonizing criminal proceedings across EU member states while upholding fundamental rights and judicial cooperation.

Keywords

European Union; Criminal Law; Mutual Recognition; Human Rights; Judicial Cooperation; European Arrest Warrant; Prosecution Service; Fundamental Rights; Legal System; Schengen Area

Plural Policing

2006-04-18

Trevor Jones , Tim Newburn

Description Policing is changing rapidly and radically. An increasingly complex array of public, private and municipal bodies - as well as public police forces - are engaged in the provision … Description Policing is changing rapidly and radically. An increasingly complex array of public, private and municipal bodies - as well as public police forces - are engaged in the provision of regulation and security. Consequently, it is difficult to think of security provision primarily in terms of what the public police do, and so the terminology of 'fragmented' or 'plural' policing systems has become well-established within criminology and police science. 'Plural policing' is now a central issue within criminology and police studies throughout the world, and there is now a large and growing body of research and theory concerned with its extent, nature and governance. To date, however, this work has been dominated by Anglo-American perspectives. This volume takes a detailed comparative look at the development of plural policing, and provides the most up-to-date work of reference for scholars in this field. Edited by two of the world's leading authorities on policing, and including individual contributions from internationally recognised experts in criminology and police studies, this is the first ever volume to focus on ‘plural policing’ internationally, and to draw together empirical evidence on its developments in a formal comparative framework.

Controlling frontiers : free movement into and within Europe

2005-01-01

Didier Bigo , Elspeth Guild

Contents: Introduction: policing in the name of freedom, Didier Bigo and Elspeth Guild The legal framework: who is entitled to move?, Elspeth Guild Frontier controls in the European Union: who … Contents: Introduction: policing in the name of freedom, Didier Bigo and Elspeth Guild The legal framework: who is entitled to move?, Elspeth Guild Frontier controls in the European Union: who is in control?, Didier Bigo Who is entitled to work and who is in charge? Understanding the legal framework of European labour migration, Elspeth Guild Where does the State actually start? The contemporary governance of work and migration, John Crowley Looking at migrants as enemies, Anastassia Tsoukala The control of the enemy within? Police intelligence in the French suburbs (banlieues) and its relevance for globalization, Laurent Bonelli Policing by dossier: identification and surveillance in an era of uncertainty and fear, Ayse Ceyhan Policing at a distance: Schengen visa policies, Didier Bigo and Elspeth Guild Bibliography Index.

Reverse SolangeProtecting the essence of fundamental rights against EU Member States

2012-04-01

Armin von Bogdandy , Maja Smrkolj , Matthias Kottmann +3 more

Global report on crime and justice

1999-01-01

Graeme Newman

The Global Report on Crime and Justice is a synthesis of research and data gathered by the United Nations Centre for International Crime Prevention. It brings together in published form … The Global Report on Crime and Justice is a synthesis of research and data gathered by the United Nations Centre for International Crime Prevention. It brings together in published form for the first time a wealth of information about crime and justice from the member states of the United Nations. It presents crime trends and operations of criminal justice systems on a comparative basis. Drawing on numerous sources from within the United Nations and beyond, it examines emerging developments in crime and justice around the world.

International statistics on crime and justice.

2010-01-01

Stefan Harrendorf , Markku Heiskanen , Stephen Malby

The United Nations Survey on Crime Trends and Operations of Criminal Justice Systems (UN-CTS) collects information on recorded crime and on the resources of criminal justice systems in Member States. … The United Nations Survey on Crime Trends and Operations of Criminal Justice Systems (UN-CTS) collects information on recorded crime and on the resources of criminal justice systems in Member States. This report, prepared in partnership between HEUNI and UNODC, analyses results for the UN-CTS from countries in Europe and North America.

Handbook of Policing

2012-08-21

Tim Newburn

The Handbook both reflects and addresses the massive changes and transformations that have taken place in policing in recent years, the constant debate about the role and function of the … The Handbook both reflects and addresses the massive changes and transformations that have taken place in policing in recent years, the constant debate about the role and function of the police, and the increased professionalisation of one of the country's most important services. It draws upon the expertise both of leading academics and police practitioners themselves.The Handbook of Policing is divided into four major sections. The first considers policing in its comparative and historical context; the second the context in which policing takes place, including the relationship of policing to other forms of security provision and private policing. The third section looks at how the police operate, with chapters on the analysis and investigation of crime, approaches to crime prevention, community safety, drugs, terrorism and organised crime, and the final section looks at a range of key issues and debates in contemporary policing, ranging from race and gender to ethics and restorative justice.

Corso di diritto internazionale

1964-01-01

Dionisio Anzilotti

The European Union as a Human Rights Organization? Human Rights and the Core of the European Union

2000-12-01

Armin von Bogdandy

Diritto e ragione : teoria del garantismo penale

1989-01-01

Luigi Ferrajoli , Norberto Bobbio

European criminal procedures

2005-01-01

Mireille Delmas‐Marty , J. R. Spencer

Preface. 1. Introduction J. R. Spencer Part I. Presentation of National Systems: 2. The Belgian system Brigitte Pesquie, supervised by Francoise Tulkens, revised by Yves Cartuyvels 3. The English system … Preface. 1. Introduction J. R. Spencer Part I. Presentation of National Systems: 2. The Belgian system Brigitte Pesquie, supervised by Francoise Tulkens, revised by Yves Cartuyvels 3. The English system J. R. Spencer 4. The French system Valerie Dervieux, supervised by Mireille Delmas-Marty, revised by Mikael Benillouche and Olivier Bachelet 5. The German system Rodolphe Juy-Birmann, supervised by Heike Jung, revised by Jorg Biermann 6. The Italian system Antoinette Perrodet, supervised by Mario Chiavario, revised by Elena Ricci Part II. Issues of Current Interest: 7. The public prosecutor Antoinette Perrodet 8. The balance of power between the police and the public prosecutor Eric Mathias 9. The role of the judge Denis Salas, revised by Alejandro Alvarez 10. Private parties: the rights of the defendant and the victim Mario Chiavario 11. Evidence J. R. Spencer 12. Negotiated justice Francoise Tulkens, revised by Yves Cartuyvels and Isabelle Wattier 13. Justice and the media Marcel Lemonde.

Making people illegal: what globalization means for migration and law

2008-12-01

Catherine Dauvergne

1. Introduction 2. On being illegal 3. Migration in the globalization script 4. Making asylum illegal 5. Trafficking in hegemony 6. The less brave new world 7. Citizenship unhinged 8. … 1. Introduction 2. On being illegal 3. Migration in the globalization script 4. Making asylum illegal 5. Trafficking in hegemony 6. The less brave new world 7. Citizenship unhinged 8. Myths and giants: the influence of the EU and the US 9. Sovereignty and the rule of law in global times.

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The European Redistributive State and a European Law of Struggle

2012-08-07

Damian Chalmers

Abstract: Its more central involvement in the government of economic and fiscal policy requires a new public law for the EU . This must be alive to the positive, negative … Abstract: Its more central involvement in the government of economic and fiscal policy requires a new public law for the EU . This must be alive to the positive, negative and intractable qualities of conflicts associated with these fields. Such a law would internalise conflicts within the political process so that their irresolution and ongoing struggle become the dynamo endowing the Union with qualities of political engagement, imagination and justice. The recent reforms make mediation of conflicts a central mission of the Union but still use the public law structures of the regulatory state which lack these three qualities.

The Europeanization of Refugee Policies: Normative Challenges and Institutional Legacies

2001-12-01

Sandra Lavenex

Under the Treaty of Amsterdam, and in response to the experience of the Kosovo refugee crisis, the establishment of a Common European Asylum System has become a priority in the … Under the Treaty of Amsterdam, and in response to the experience of the Kosovo refugee crisis, the establishment of a Common European Asylum System has become a priority in the European Union. This project constitutes a major departure from the former transgovernmental mode of co‐operation in asylum matters and addresses a normative question embedded in national constitutions and international notions of human rights. In this article I examine the institutional and normative challenges facing the integration of this highly political policy field by highlighting the contradictions inherent in domestic reforms and the Europeanization of refugee policy.

The new European agencies: regulation by information

1997-06-01

Giandomenico Majone

Abstract The new European agencies have been denied powers normally granted to regulatory bodies. In most cases their functions are limited to providing information and networking with other institutions. Thus, … Abstract The new European agencies have been denied powers normally granted to regulatory bodies. In most cases their functions are limited to providing information and networking with other institutions. Thus, they seem to be doomed to play an auxiliary role; but they could also turn their statutory limitations into opportunities by developing information-based modes of regulation more in tune with current economic and political conditions than the coercive powers denied to them. In fact, a good deal of empirical evidence suggests that regulation by information is often more effective than direct regulation. However, information can change expectations and behaviour only if it is credible. In turn, credibility depends crucially on reputation. It is suggested that networking could help the agencies to enhance their reputation and independence. An agency that sees itself as part of a transnational network is more motivated to defend its independence and professional integrity: unprofessional or politically motivated behaviour would compromise its international reputation and make co-operation more difficult in the future. Actually, the network may be viewed as an intangible asset carrying a reputation that is beneficial for efficient information exchange. Keywords: CredibilityInformation StrategiesThe Network As a Bearer Of ReputationRepeated GamesRisk RegulationSoft Law

The European System for The Protection of Human Rights

1993-01-01

Kevin Boyle , Ronald St. J. Macdonald , Franz Matscher +1 more

Redrawing the Line: Borders and Security in the Twenty-first Century

2003-10-01

Peter Andreas

effort to restrict territorial access-has long been a core state activity.' As territorially demarcated institutions, states have always imposed entry barriers, whether to deter armies, tax trade and protect domestic … effort to restrict territorial access-has long been a core state activity.' As territorially demarcated institutions, states have always imposed entry barriers, whether to deter armies, tax trade and protect domestic producers, or keep out perceived undesirables. All states monopolize the right to determine who and what is granted legitimate territorial access.2 But there is significant historical variation in border control priorities. Although military defense and economic regulation have traditionally been central border concerns, in many places states are retooling and reconfiguring their border regulatory apparatus to prioritize policing. Thus, rather than simply eroding, as is often assumed, the importance of territoriality is persisting-but with a shift in emphasis.3 In many cases, more intensive border law enforcement is accompanying the demilitarization and economic liberalization of borders.

The law of the exception: A typology of emergency powers

2004-04-01

J. Ferejohn , Pasquale Pasquino

Constitutions, Constitutionalism, and the European Union

2001-06-01

Paul Craig

The institutional reforms of the EU, coupled with the EU Charter of Fundamental Rights, have fuelled the debate about a European Constitution. This paper begins by examining the nature of … The institutional reforms of the EU, coupled with the EU Charter of Fundamental Rights, have fuelled the debate about a European Constitution. This paper begins by examining the nature of constitutions and constitutionalism. The focus then turns to the EU itself. It is argued that the Community has indeed been transformed into a constitutional legal order, and that the arguments to the contrary are not convincing. This does not however mean that the EU has, or should have, a European Constitution cognisable as such which draws together the constitutional articles of the Treaties, together with the constitutional principles articulated by the European Court of Justice. The difficulties with this strategy are examined in detail, and the conclusion is that we should not at present pursue this course. It would be better to draw on the valuable work done by the European University Institute in its recent study in order to simplify and consolidate the Treaties.

The EU Border Management Strategy: Frontex and the Challenges of Irregular Immigration in the Canary Islands

2007-01-01

Sergio Carrera

The EU is developing a border management strategy aiming at an "integrated and global response" to the challenges posed by the phenomenon of irregular immigration through the common external borders. … The EU is developing a border management strategy aiming at an "integrated and global response" to the challenges posed by the phenomenon of irregular immigration through the common external borders. "The Southern maritime borders" constitute one of the main targets addressed by this strategy. On November 2006, the European Commission published a communication calling for the reinforced management of the EU's Southern maritime borders and for the maximization of the capacities of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union - FRONTEX. This paper provides some reflections about these current policy approaches by looking at the nature, scope and practical implications of the implementation of the Integrated Border Management strategy and its relationship with a common EU immigration policy. After assessing the latest policy developments in these areas, we raise a number of questions about some of the functions and capacities carried out by FRONTEX, and present a series of vulnerabilities characterizing the joint operations coordinated by this Community body taking the example of the operations HERA I, II and III in the Canary Islands (Spain).

4. International Covenant on Civil and Political Rights

2009-11-20

Human rights law protects the rights and freedoms of individuals and groups within societies. Police officials are uniquely placed to ensure respect for, and secure protection of, those rights and … Human rights law protects the rights and freedoms of individuals and groups within societies. Police officials are uniquely placed to ensure respect for, and secure protection of, those rights and freedoms. Those who exercise power on behalf of the people they serve need to be aware of the human rights standards they are required to meet, and the best practice in their fields of activity. The texts identified as essential for the police in this publication serve as a valuable aid to meeting both of these needs. In a democracy governed by the rule of law, good policing is crucially dependent upon compliance with the standards they embody. Furthermore, these standards, which protect human rights and set out good professional practice for police, lie at the core of democratic policing. Essential Texts on Human Rights for the Police is divided into three parts, each one with an introduction outlining the scope and contents of the instruments. Part I includes the Universal Declaration of Human Rights and universal treaties, Part II regional treaties and Part III non-treaty instruments. In all, 36 international instruments are reproduced. The present publication is intended to be used in human rights education and training programmes for police and other officials exercising police powers. It can be used by teachers and resource persons as a principal source of reference for such programmes or as a supplement to teaching manuals. It can also serve as a source of reference and guidance to operational police officials and to anyone wishing to be aware of the standards to which police should adhere. This second, revised edition of Essential Texts on Human Rights for the Police is more comprehensive than the first and includes 14 treaties and non-treaty instruments not reproduced in the previous edition of the book. It is a companion volume to Essential Cases on Human Rights for the Police: Reviews and Summaries of International Cases, by the same authors.

11 International Human Rights Law

2010-07-01

Shirley V. Scott

In 2012, New Zealand continued its wide-ranging engagement with the United Nations treaty and Charter based bodies. In its engagement with the human rights treaty bodies, New Zealand met with … In 2012, New Zealand continued its wide-ranging engagement with the United Nations treaty and Charter based bodies. In its engagement with the human rights treaty bodies, New Zealand met with the Committee on Economic, Social and Cultural Rights (the Committee) over the course of three meetings in May to discuss New Zealand's third periodic report and subsequently received that Committee's concluding observations under the International Covenant on Economic, Social and Cultural Rights (ICESCR) which, inter alia, called for human rights to inform the rebuilding of Christchurch. New Zealand also submitted its 18th to 20th consolidated periodic report to the Committee on the Elimination of Racial Discrimination and presented New Zealand's Submission of Follow-up Responses to the Human Rights Committee. The Committee Against Torture prepared a list of issues concerning the submission of New Zealand's sixth periodic report. New Zealand was an active observer State of the Human Rights Council. Notably, it introduced and sponsored a draft resolution on preventable maternal mortality and morbidity and human rights which was adopted. New Zealand was also an active participant in the Council's Special Session on Syria. The Human Rights Commission continued with its work, much of the focus of which was on the rebuilding of Christchurch. It also played an active role during the Committee on Economic, Social and Cultural Rights' consideration of New Zealand's third periodic report. This note reviews these and other aspects of New Zealand's state practice in the area of human rights in 2012.

The EU General Data Protection Regulation (GDPR)

2017-01-01

Paul Voigt , Axel von dem Bussche

The Social Organization of Arrest

1971-06-01

Donald Black

Police Reform and the Dismantling of Legal Estrangement

2017-05-01

Monica C. Bell

The Charter of the Fundamental Rights of the European Union

2001-03-01

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General Data Protection Regulation

2019-03-29

Nogaeva Viktoria

588. REVIEW OF DIRECTIVE 95/46 – For almost 15 years, Directive 95/46 stood strong as the central instrument of data protection regulation in the EU. The European Commission assessed its … 588. REVIEW OF DIRECTIVE 95/46 – For almost 15 years, Directive 95/46 stood strong as the central instrument of data protection regulation in the EU. The European Commission assessed its implementation in 2003 and 2007, both times concluding there was no need for revisions. In 2010, however, the Commission announced that the time for revisions had come. The Commission argued that while the objectives and principles underlying Directive 95/46 remained sound, revisions were necessary in order to meet the challenges of technological developments and globalisation.

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Teaching fairness to artificial intelligence: Existing and novel strategies against algorithmic discrimination under EU law

2018-08-01

Philipp Hacker

Protection - Principles and practice

1972-12-01

Greenleaf Graham , Peter J. Denning

Protection

1974-01-01

Butler Lampson

Abstract models are given which reflect the properties of most existing mechanisms for enforcing protection or access control, together with some possible implementations. The properties of existing systems are explicated … Abstract models are given which reflect the properties of most existing mechanisms for enforcing protection or access control, together with some possible implementations. The properties of existing systems are explicated in terms of the model and implementations.

The Laws of Migration

1889-06-01

E. G. Ravenstein

Recidivism of Prisoners Released in 1994

2002-09-25

Universal Declaration of Human Rights

2011-01-01

Johannes Morsink

The Universal Declaration of Human Rights (UDHR) is the first international agreement setting out freedoms, rights and entitlements for all humanity to claim. It emphasizes the inextricable relationship between fundamental … The Universal Declaration of Human Rights (UDHR) is the first international agreement setting out freedoms, rights and entitlements for all humanity to claim. It emphasizes the inextricable relationship between fundamental freedoms and social justice, and their connection with peace and security. The General Assembly of the United Nations proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping the UDHR constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

The Right to Informational Self-Determination and the Value of Self-Development: Reassessing the Importance of Privacy for Democracy

2009-01-01

Antoinette Rouvroy , Yves Poullet

The Emergence of Personal Data Protection as a Fundamental Right of the EU

2014-01-01

Gloria González Fuster

Global surveillance and policing : borders, security, identity

2005-01-01

Elia Zureik , Mark B. Salter

1. Global surveillance and policing: borders, security, identity - Introduction by Elia Zureik and Mark B. Salter 2. Some conceptual issues in the study of borders and surveillance by Gary … 1. Global surveillance and policing: borders, security, identity - Introduction by Elia Zureik and Mark B. Salter 2. Some conceptual issues in the study of borders and surveillance by Gary T. Marx 3. At the threshold of security: a theory of international borders by Mark B. Salter 4. Borders, migration and economic integration: towards a new political economy of borders by Helene Pellerin 5. The border is everywhere: ID cards, surveillance and the other by David Lyon 6. Borders, bodies and biometrics: towards identity management by Benjamin J. Muller 7. Expanding surveillance: connecting biometric information systems to international police cooperation by Nancy Lewis 8. What happens when you book an airline ticket? The collection and processing of passenger data post-9/11 by Colin J. Bennett 9. Potential threats and potential criminals: data collection in the national security entry-exit registration system by Jonathan Finn 10. Imperial embrace? Identification and constraints on mobility in a hegemonic empire by John Torpey 11. Fencing the line: analysis of the recent rise in security measures along disputed and undisputed boundaries by John W. Donaldson 12. 'Getting ahead of the game': border technologies and the changing space of governance by Katja Franko Aas 13. Immigration controls and citizenship in the political rhetoric of New Labour by Don Glynn 14. Freedom of movement inside 'fortress Europe' by Willem Maas

The Laws of Migration

1885-06-01

E. G. Ravenstein

Il dialogo tra la Corte costituzionale della Romania e la Commissione europea nel contrasto alla disinformazione elettorale online

2025-06-24

Giovanni Colocrese | Nuovi Autoritarismi e Democrazie Diritto Istituzioni Società (NAD-DIS)

Il presente articolo enuclea il tema del contrasto alla disinformazione online nell’ambito di contesti elettorali, muovendo dalle vicende che hanno portato all’annullamento delle elezioni presidenziali della Romania del dicembre 2024. … Il presente articolo enuclea il tema del contrasto alla disinformazione online nell’ambito di contesti elettorali, muovendo dalle vicende che hanno portato all’annullamento delle elezioni presidenziali della Romania del dicembre 2024. In particolare, si propone di riflettere sul contributo della Corte costituzionale rumena alla raffinazione della nozione di disinformazione online, al fine di comprenderne la potenziale influenza sul processo decisionale avviato dalla Commissione europea ai sensi del Digital Services Act.

Navigating Legal Boundaries: German Participation in the European Union Mission EUNAVFOR ASPIDES

2025-06-24

Christian Voß | German Yearbook of International Law

Regulating Cross-Border Data Flow

2025-06-24

Jiwei Qian | Routledge eBooks

The Idea of a China Arrest Warrant: Surrender of Fugitive Offenders between Mainland China, Hong Kong and Macau Yanhong Yin. Hong Kong: Hong Kong University Press, 2025. 237 pp. HK$495.00 (hbk). ISBN 9789888876839

2025-06-23

Yu Mou | The China Quarterly

Digital evidence in criminal investigations and the C.G. ruling: A shift in phone data access by police?

2025-06-23

S Martínez Pérez | Maastricht Journal of European and Comparative Law

The present paper examines a preliminary ruling on the principle of proportionality in criminal investigations involving digital data stored on mobile phones. The increasing reliance on technology in daily life … The present paper examines a preliminary ruling on the principle of proportionality in criminal investigations involving digital data stored on mobile phones. The increasing reliance on technology in daily life has a significant impact on criminal proceedings. The data collected from these activities can provide insights into the private life of the user, which may be essential for law enforcement purposes. That said, police surveillance is a controversial debate. In October 2024, the CJEU issued the C.G. judgment (Case C 548/21), addressing the conditions under which investigating authorities can access such data under the Law Enforcement Directive. While the CJEU has previously interpreted access to retained data for criminal investigations by public authorities, this case introduces notable changes, particularly concerning the processing of location and traffic data for non-serious crimes. In this regard, the article compares the newest case with the Prokuratuur case (Case C-746/18) in order to illustrate the main differences. The C.G. case, read in conjunction with recent Union developments, such as the adoption of the e-Evidence Regulation, reflects a shift in the EU’s approach to these issues. Additionally, it highlights the fragmentation of domestic legal frameworks governing retained data, underscoring the challenges in achieving a harmonized approach.

Camille Montavon, Les tribunaux d’opinion face à l’impunité des crimes de masse : quelle légitimité pour quelle effectivité ? , Bâle, Helbing Lichtenhahn, 2023, 523 p.

2025-06-23

Cloé Drieu | Les Cahiers de la Justice

The end does (not) justify the means: Mutual trust and fundamental rights safeguards after the ECJ’s Real Madrid judgment

2025-06-22

Emilia Sandri , Johan Meeusen , Mathieu Leloup | Maastricht Journal of European and Comparative Law

In the Real Madrid case, the Court was asked if a domestic court could rely on the public policy exception to refuse the execution of a judgment that could give … In the Real Madrid case, the Court was asked if a domestic court could rely on the public policy exception to refuse the execution of a judgment that could give rise to a manifest breach of the freedom of the press. The first analyses of the judgment predominately look at it from the angle of freedom of expression and freedom of the press, often framing the case as one of the first instances of the Court of Justice dealing with so-called SLAPP suits. Yet the Real Madrid judgment is also of fundamental importance from a different, more constitutional point of view. This case note will focus on two separate but related points. First, we will discuss the case in light of the delicate balance between the prohibition of substantive review of other Member States courts’ judgments and effective public policy control. Second, we will broaden the perspective and place this case in a larger development that has been taking place in the European legal space, in which tension is building between the application of the principle of mutual trust on the one hand, and the respect for the Union’s founding values, including fundamental rights, on the other.

DEVELOPING SPEAKING SKILLS IN ACCORDANCE WITH NATO STANDARDS (NATO STANAG 6001)

2025-06-21

Oksana Drach , Iryna Myronova | Суспільство та національні інтереси.

A Study on the Implications of the “Caroline Decision” of the European Court of Human Rights and the German Court’s Acceptance Process: Focusing on the Aspect of Protecting the Right to Privacy

2025-06-20

S. Lee | Sogang Law Journal

Law Enforcement

2025-06-19

William Liffick , Brandon Quinones | Routledge eBooks

El DELITO DE DESCARGA DE SUSTANCIAS CONTAMINANTES POR BUQUES: UNA PROPUESTA DE LEGE FERENDA PARA LA PROTECCIÓN DE LAS AGUAS MARÍTIMAS E INTERIORES

2025-06-18

Virxilio Rodríguez Vázquez | Revista de Derecho Penal y Criminología

En el Código Penal español no existe un delito autónomo de descarga de sustancias contaminantes procedente de buques, a diferencia de lo que ocurre en otros países comunitarios. Podría considerarse, … En el Código Penal español no existe un delito autónomo de descarga de sustancias contaminantes procedente de buques, a diferencia de lo que ocurre en otros países comunitarios. Podría considerarse, sin embargo, que el hecho descrito encaja en el art. 325 CP y, por este motivo, prescindir de cualquier debate sobre la necesidad de la creación en la legislación española de un tipo como aquel. Como trataré de demostrar en este trabajo, en mi opinión, es necesaria la creación de un tipo penal específico de descarga de sustancias contaminantes por buques, en aguas interiores y en el mar, en su modalidad dolosa e imprudente. Y ello por razones de Política criminal, dogmáticas y legales. En última instancia, considero que la recientemente aprobada Directiva (UE) 2024/1203 del Parlamento Europeo y del Consejo de 11 de abril de 2024, relativa a la protección del medio ambiente mediante el Derecho penal y por la que se sustituyen las Directivas 2008/99/CE y 2009/123/CE, obliga a los Estados miembros a incorporar en su Derecho interno un delito autónomo como el referido. Por todo lo anterior, se propone de lege ferenda un tipo penal de descarga de sustancias contaminantes por buques.

Non-member migrants in spaceless zones: the spatial membership frame of embassies and consulates in the European Court of Human Rights

2025-06-17

Nurbanu Hayır | The International Journal of Human Rights

Book Review: The Normative Foundations of EU Criminal Justice. Powers, Limits and Justifications The Normative Foundations of EU Criminal Justice. Powers, Limits and Justifications, ÖbergJacob (London: Bloomsbury Publishing, 2024), ISBN 9781509962334, 240 pp., £115

2025-06-17

Roberta De Paolis | New Journal of European Criminal Law

Effectiveness of the Legal Mechanisms of the European Court of Human Rights for a Fair Trial: Analysis through the Prism of the Court's Practice

2025-06-16

Mariana Povalena , Mariya Havryltsiv | Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki

The article is dedicated to a comprehensive analysis of the legal nature of the human right to a fair trial, the study of mechanisms for its normative and legal enforcement, … The article is dedicated to a comprehensive analysis of the legal nature of the human right to a fair trial, the study of mechanisms for its normative and legal enforcement, and the effectiveness of its implementation through the lens of the case law of the European Court of Human Rights. Particular attention is paid to the systematic interpretation of this right in the context of international human rights standards and its correlation with the national legal systems of the states – parties to the European Convention on Human Rights and Fundamental Freedoms. The article conducts a doctrinal study of the right to a fair trial, defines its place in the hierarchy of fundamental human rights, and substantiates its absolute nature in the context of the modern concept of human rights. This right is one of the key elements of the rule of law, guaranteeing access to effective judicial protection and ensuring a balance between public and private interests in a legal state. Significant attention is given to analyzing the role of the judiciary as the primary guarantor of the realization of this right, while judicial protection is considered not only as an instrument for restoring violated rights but also as a structural element of the justice mechanism, which determines the democratic principles of the functioning of the state apparatus. The judicial system is obliged to ensure compliance with a set of procedural guarantees that prevent arbitrary restrictions on a person’s rights to access justice and to have their case reviewed objectively. The study identifies the main structural components of the right to a fair trial, including:the right to have a case heard by an independent, impartial, and competent court; the right to equality of arms and adversarial proceedings; the right to legal certainty in judicial decision-making; the right to the openness and publicity of the judicial process; the right to have a case considered within a reasonable time, as an essential element of effective justice. It is noted that access to justice is a prerequisite for the realization of the right to a fair trial. Access to justice is proposed to be understood as a real opportunity, guaranteed by the state and ensured by effective legal mechanisms, for a person to appeal to the court to protect their rights, freedoms, or legitimate interests. It is argued that the primary task of the European Court of Human Rights in every case is to assess the overall fairness of the proceedings. Compliance with the requirements of a fair trial should be considered in each case, taking into account the development of the entire proceedings, rather than based on the isolated examination of one specific aspect or a particular instance. The article also examines the issue of contradictions between national judicial systems and the standards of the European Court of Human Rights, which sometimes necessitate the revision of legal norms at the level of domestic legislation. The case law of the European Court of Human Rights demonstrates that a number of states face difficulties in implementing the Court’s decisions, which negatively affects public trust in the judiciary. It is important to emphasize that the institutional capacity of national judicial systems must correspond to European standards of justice, ensuring that citizens have a real opportunity for effective protection of their rights. Failure to meet such standards can lead to systemic problems in the field of justice and an increased number of appeals to the European Court of Human Rights. In the context of international law, the need for harmonization of national legislation with the requirements of the Convention is emphasized, which would contribute to increasing the effectiveness of the realization of the right to a fair trial. This issue is particularly relevant for countries undergoing judicial system reforms and striving to strengthen its independence. The conclusions of the article emphasize that the human rights protection role of the European Court of Human Rights is a key factor in ensuring legal certainty in judicial practice. The enforcement of its decisions is mandatory for the member states of the Convention, and their disregard may have negative consequences for a country’s international legal reputation. Keywords: effectiveness, legal mechanisms, European court of human rights, fair trial, justice, judicial practice, convention, human rights, access to justice, judiciary, judicial independence, impartiality, equality of arms, adversarial proceedings, legal certainty.

Zasada jawności i jej rozumienie w międzynarodowych postępowaniach karnych

2025-06-13

Kamil Sobański | Nowa Kodyfikacja Prawa Karnego

Artykuł dotyczy rozumienia zasady jawności w międzynarodowych postępowaniach karnych. Autor identyfikuje podstawowe założenia związane z realizacją tej zasady na tle rozwoju międzynarodowego sądownictwa karnego. Przedstawia również wykształcone na tej podstawie … Artykuł dotyczy rozumienia zasady jawności w międzynarodowych postępowaniach karnych. Autor identyfikuje podstawowe założenia związane z realizacją tej zasady na tle rozwoju międzynarodowego sądownictwa karnego. Przedstawia również wykształcone na tej podstawie rozumienie zasady jawności, z uwzględnieniem jego negatywnych aspektów.

IMPLEMENTATION OF THE RIGHT TO DEFENSE IN CRIMINAL PROCEEDINGS IN THE REPUBLIC OF POLAND: THEORETICAL AND LEGAL ANALYSIS

2025-06-13

Oleksandr Zahursky , Ihor Oheruk | Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi

Purpose. To formulate original approaches to the specific features of exercising the right to defence in the criminal procedure of the Republic of Poland and to the implementation of international … Purpose. To formulate original approaches to the specific features of exercising the right to defence in the criminal procedure of the Republic of Poland and to the implementation of international experience in improving criminal proceedings in the context of contemporary legal reforms in Ukraine. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, logical-semantic, functional, systemic-structural, logical-normative. Results. In the course of the research, it was established that the institution of the right to defense in the criminal procedure of the Republic of Poland, despite the existence of established normative foundations and a positive track record of adaptation to European standards, continues to face a number of systemic challenges that require further improvement. The Polish model of criminal procedure, which is based on the principles of adversarial proceedings and equality of the parties, does not always ensure the proper realization of the defendant’s right to effective defense in practice. This is particularly evident at the early stages of pre-trial proceedings, where detainees may encounter restrictions in access to legal counsel or case materials. Originality. The research has established that changes in the criminal procedural legislation of the Republic of Poland have effectively shifted the responsibility for the outcome of the trial from the court to the parties involved. This model continues to provoke serious debate across Europe. In particular, concerns have been raised regarding the deterioration of the procedural status of the most vulnerable segments of the population. Therefore, ensuring that the parties to criminal proceedings are afforded the right to defense - both in substantive and procedural terms - at all stages is of critical importance in shaping reliable standards for a new adversarial model of criminal justice, more so than ever before. The scale of these changes remains largely unknown to the public, and their implications are often underestimated. Practical significance. The results of the study may be used in the development of provisions, conclusions, and recommendations aimed at improving the criminal procedural legislation of Ukraine.

Standard języka prostego a komunikacja prawna w postępowaniu karnym — pouczenia dla pokrzywdzonych przestępstwem w Polsce i Francji

2025-06-13

Aleksandra Bodzioch | Studenckie Prace Prawnicze Administratywistyczne i Ekonomiczne

W artykule poddano analizie systemy pouczeń dla pokrzywdzonych w Polsce i Francji w świetle Dyrektywy 2012/29/UE, badając ich zgodność z wymogami prostego języka. Porównano rozwiązania istniejące w obu krajach, podkreślając … W artykule poddano analizie systemy pouczeń dla pokrzywdzonych w Polsce i Francji w świetle Dyrektywy 2012/29/UE, badając ich zgodność z wymogami prostego języka. Porównano rozwiązania istniejące w obu krajach, podkreślając znaczenie dostępności treści pouczeń dla ofiar przestępstw. Wskazano mocne i słabe strony obu systemów oraz zaproponowano ulepszenia, które mogłyby poprawić zrozumiałość i skuteczność przekazywanych informacji w polskim procesie karnym.

Wykonywanie kary pozbawienia wolności w systemie dozoru elektronicznego w świetle kodeksu karnego wykonawczego. Zagadnienia wybrane

2025-06-13

Bogdan Myrna | Nowa Kodyfikacja Prawa Karnego

Przedmiotem artykułu jest instytucja wykonywania kary pozbawienia wolności poza zakładem karnym w systemie dozoru elektronicznego. Autor omawia przedmiotową instytucję, jej „wnioskowy charakter” w aspekcie przepisu art. 43lc k.k.w., a także … Przedmiotem artykułu jest instytucja wykonywania kary pozbawienia wolności poza zakładem karnym w systemie dozoru elektronicznego. Autor omawia przedmiotową instytucję, jej „wnioskowy charakter” w aspekcie przepisu art. 43lc k.k.w., a także analizuje ją na gruncie aktualnie obowiązujących rozwiązań prawnych dotyczących tej karnowykonawczej instytucji.

France: Cooperation in Criminal Matters between Mutual Recognition and Protection of Fundamental Rights – the Contribution of France

2025-06-11

Eleonora Cervellera | Brill | Nijhoff eBooks

Portugal: Recognition of European Warrants and Cooperation Orders in Law and Practice

2025-06-11

Miguel João Costa , Raquel Cardoso , António Vaz de Castro +1 more | Brill | Nijhoff eBooks

Italy: the EU Criminal Cooperation Instruments at the Test in Italy – Procedures and Critical Profiles

2025-06-11

Isadora Neroni Rezende , Antonio Pugliese , Nicolò Gibelli +1 more | Brill | Nijhoff eBooks

Piercing the Veil of Ignorance of Fundamental Rights Protection. What Is Transnational in EU Judicial Cooperation?

2025-06-11

Mariavittoria Catanzariti | Brill | Nijhoff eBooks

Mutual Recognition and Double Criminality in EAW: Comparative Challenges and Future Prospects

2025-06-11

Alessandra Santangelo | Brill | Nijhoff eBooks

Comparative Remarks on Mutual Recognition Instruments of Judicial Cooperation in Criminal Matters

2025-06-11

Giulia Lasagni , Michele Caianiello , Isadora Neroni Rezende | Brill | Nijhoff eBooks

Stop and Search Powers under Section 60

2025-06-10

Sarah Corbett-Batson | Routledge eBooks

EU Adequacy Assessments: Evolving Criteria, Political Tensions, and the Push for a Global Data Standard

2025-06-01

Karen Mc Cullagh | Common Market Law Review

European Migration Law edited by Daniel Thym (Oxford: Oxford University Press, 2023)

2025-06-01

Lyra Jakulevičienė | Common Market Law Review

Limiti statali all'esercizio dell'attività di noleggio con conducente

2025-06-01

Enrico Baroffio | RIVISTA ITALIANA DI DIRITTO DEL TURISMO

La Corte di giustizia dell'UE si è pronunciata in merito alla validità della limitazione del numero di licenze di servizi di NCC in un determinato agglomerato urbano e alla previsione … La Corte di giustizia dell'UE si è pronunciata in merito alla validità della limitazione del numero di licenze di servizi di NCC in un determinato agglomerato urbano e alla previsione di una seconda autorizzazione per prestare servizi di NCC. L'art. 107, par. 1, TFUE non è contrario a una normativa prevedente la limitazione del numero delle licenze di NCC concesse purché tale misura non implichi l'utilizzo di risorse statali. Tale limitazione, per non contrastare con l'art 49 TFUE, deve realizzare degli obiettivi di corretta gestione del trasporto, del traffico, dello spazio pubblico, e di protezione del suo ambiente. La seconda autorizzazione è compatibile con l'art. 49 TFUE solo se fondata su criteri oggettivi, non discriminatori, noti in anticipo e non arbitrari

Libertà di espressione e riservatezza dei dati sulla sicurezza aerea: un antico problema di bilanciamento tra libertà e sicurezza

2025-06-01

Giulia Rossi | RIVISTA ITALIANA DI DIRITTO DEL TURISMO

Con la pronuncia in epigrafe la Corte di Giustizia UE si è confrontata con la portata applicativa dell'art. 15 del reg. (UE) n. 376/2014 (di seguito per brevità anche "Regolamento … Con la pronuncia in epigrafe la Corte di Giustizia UE si è confrontata con la portata applicativa dell'art. 15 del reg. (UE) n. 376/2014 (di seguito per brevità anche "Regolamento eventi") e, in particolare, con la nozione di "Riservatezza delle informazioni" nel settore dell'aviazione civile. Adita in via pregiudiziale, la Corte è stata chiamata a valutare se un gruppo editoriale possa, sulla base di una disciplina nazionale molto rigorosa in tema di divulgazione, ricevere informazioni da una banca dati che rientra nell'ambito di applicazione del regolamento eventi, che riguardano la segnalazione, l'analisi e il monitoraggio di eventi nel settore dell'aviazione civile, e in caso affermativo, in quale forma. Concretamente, il giudice del rinvio ha sollecitato la Corte ad esprimersi sulla questione se il divieto assoluto di divulgare tali informazioni, previsto nel diritto nazionale, possa considerarsi compatibile con l'art. 15 del regolamento eventi e, ancor più, con il diritto alla libertà di espressione e di informazione sancito all'art. 11 della Carta dei diritti fondamentali dell'Unione europea nonché all'art. 10 CEDU.

European Union Border Law During The Covid-19 Pandemic

2025-06-01

Tamara Hervey , Marcin Michalak | Common Market Law Review

Some aspects regarding the relationship between article 238 and article 190 of the Criminal Code of the Republic of Moldova

2025-06-01

Andrei Stratan | Studia Universitatis Moldaviae Seria Stiinte Sociale

The clarification of contradictory aspects in the qualification of legal norms constitutes an essential part of conducting a criminal-legal investigation of an offense. The offenses stipulated in Article 238 of … The clarification of contradictory aspects in the qualification of legal norms constitutes an essential part of conducting a criminal-legal investigation of an offense. The offenses stipulated in Article 238 of the Criminal Code of the Republic of Moldova are no exception, as their complex structure of constitutive elements naturally raises certain questions when competing with the norm established in Article 190 of the Criminal Code of the Republic of Moldova. Consequently, forming a comprehensive and clear picture regarding the fight against the phenomenon of the illegal acquisition of credits or loans becomes impossible. It is noteworthy that a fundamental distinguishing element is the subjective aspect, particularly the special purpose established in Article 238, compared to the pursuit of material gain by the perpetrator in the case of fraud. Differences are also observed concerning the characteristics of the active and passive subjects in the two competing offenses.

The admissibility of anonymous witness evidence: the perspective of the european court of human rights

2025-06-01

Svetlana Leontieva | Studia Universitatis Moldaviae Seria Stiinte Sociale

However, in certain circumstances, the public identification of witnesses may jeopardize their safety, particularly in cases involving organized crime or terrorism. Thus, the question of admitting evidence provided by anonymous … However, in certain circumstances, the public identification of witnesses may jeopardize their safety, particularly in cases involving organized crime or terrorism. Thus, the question of admitting evidence provided by anonymous witnesses becomes crucial, especially from the perspective of fundamental human rights. In this regard, the European Court of Human Rights has been called upon to rule on the delicate balance between protecting the identity of witnesses and ensuring a fair trial, in accordance with the provisions of the European Convention on Human Rights. This article aims to analyze the ECHR's perspective on the admissibility of anonymous witness testimony, investigating the relevant criteria and principles applied by the court to protect both the right to a fair trial and the legitimate interests of states in combating crime.

Withdrawal of evidence in criminal proceedings - matter of opportunity or positive obligation

2025-06-01

Denis Ursu | Studia Universitatis Moldaviae Seria Stiinte Sociale

The purpose of this study is the brief exposition of the results obtained following the investigation of the institution of the waiver evidence in the criminal process and the finding … The purpose of this study is the brief exposition of the results obtained following the investigation of the institution of the waiver evidence in the criminal process and the finding of the fact whether it still represents a matter of opportunity or constitutes a positive obligation. Among the objectives outlined are: the identification of the essence of the waiver of evidence in the criminal process and related incidents, the principle of opportunity, as well as the concept of the positive obligation of the state. The study being based on the application of general methods of scientific knowledge, such as: analysis and synthesis, induction and deduction, comparison and observation.

Considerations on the standards for waiving procedural guarantees in criminal matters

2025-06-01

Igor Dolea | Studia Universitatis Moldaviae Seria Stiinte Sociale

The aspects addressed aim at analyzing national legislation from the perspective of compatibility with the standards of the European Convention on Human Rights, in the matter of waiving procedural guarantees. … The aspects addressed aim at analyzing national legislation from the perspective of compatibility with the standards of the European Convention on Human Rights, in the matter of waiving procedural guarantees. National procedural norms contain a range of institutions whose application implies the waiving of certain guarantees. Even if each institution has certain distinct particularities, there are general standards according to which the waiving of procedural guarantees can be carried out provided that the person was aware of this fact, the waiving was accompanied by certain minimum guarantees and the waiving does not contradict any general public interest. In each specific case, it is up to the national courts to ensure compliance with these conditions.

Is the GDPR efficient in protecting EU citizens against the privacy risks raised by social media?

2025-06-01

Caroline Doulcet | Journal of data protection & privacy.

The General Data Protection Regulation (GDPR) was adopted for a noble cause: protecting European Union (EU) citizens’ privacy and the EU social model founded on the values of dignity, freedom, … The General Data Protection Regulation (GDPR) was adopted for a noble cause: protecting European Union (EU) citizens’ privacy and the EU social model founded on the values of dignity, freedom, democracy, equality, the rule of law and respect for human rights. Thanks to the magnitude of its fines, the GDPR attracted much attention from media, companies and legislators far beyond the EU and greatly helped expand the protection of personal data worldwide. Seven years after coming into force, however, it appears that the GDPR has failed to stop social media from massively tracking EU citizens’ online activity, monetising their privacy and personal data, exploiting their vulnerabilities and manipulating them for commercial and political purposes. This paper aims to demonstrate that the GDPR failure is mainly due to: (1) an individualist approach to data protection; (2) the absence of any absolute prohibition; (3) the concept of lawfulness conceived as mere procedural exercise; (4) the tendency of the EU supervisory authorities and legislators to prioritise individual consent as the GDPR’s legal basis for online social media behavioural advertising activities, despite its inability to efficiently protect individuals’ and collective democratic rights and values; (5) insufficient use of the overarching fairness principle to draw red lines from the outset; and (6) inefficient EU data protection authorities’ enforcement strategy towards social media. The GDPR should be amended to adopt another paradigm focused on a risk-based approach that considers collective interests, such as the EU regulation on artificial intelligence (AI). Although the European Commission (EC) has not proposed any amendment to the GDPR following its reports on GDPR application in 2020 and 2024, it seems urgent to make these changes given the geopolitical context and the omnipotence of social media in the US. Moving away from an individualist vision of data protection will help put an end to the overreliance on consent for digital services and personalised online advertising. This paper is also included in The Business & Management Collection which can be accessed at https://hstalks.com/business/.