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See detailTHE PRIVILEGE AGAINST SELF-INCRIMINATION A Chameleon of Criminal Procedure
Lamberigts, Stijn UL

in New Journal of European Criminal Law (2016), 7(4), 418-438

This article revisits the different justifications of the privilege against self-incrimination and examines two topical issues, the relation between the privilege and documentary evidence and the ... [more ▼]

This article revisits the different justifications of the privilege against self-incrimination and examines two topical issues, the relation between the privilege and documentary evidence and the applicability of the privilege to corporations, in light of these justifications. Although the Presumption of Innocence Directive has recently addressed these two issues, several lingering uncertainties remain. [less ▲]

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See detailEU Criminal Justice Actors: Accountability and Judicial Review vis a vis the EU Citizen
Ligeti, Katalin UL; Marletta, Angelo UL

in New Journal of European Criminal Law (2016), 7(2), 175

The Area of Freedom, Security and Justice represents both a constitutional objective and a solemn commitment of the Union towards its citizens. Being the AFSJ a domain of shared competence, many different ... [more ▼]

The Area of Freedom, Security and Justice represents both a constitutional objective and a solemn commitment of the Union towards its citizens. Being the AFSJ a domain of shared competence, many different actors are entrusted and responsible for the fulfilment of this commitment. After the entry into force of the Lisbon Treaty, EU citizenship became a central reference point for allocating shared responsibility and regulating the multilevel and multifarious interactions between the different legislative and enforcement actors involved in the development of the EU’s most sensitive policy domain. Accordingly, this contribution will explore and provide a critical account on the potential of the “fundamental status” with regard to the democratic accountability of the legislative process under Title V TFEU, the parliamentary scrutiny over the AFSJ Agencies and the judicial protection of citizens’ rights against the acts of the AFSJ enforcement actors. [less ▲]

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See detailDirective 2014/42/EU and Non-Conviction Based Confiscation: A Step Forward on Asset Recovery?
Simonato, Michele UL

in New Journal of European Criminal Law (2015), 6(2), 213-228

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See detailThe European Public Prosecutor's Office: Toward a Truly European Prosecution Service?
Ligeti, Katalin UL; Simonato, Michele UL

in New Journal of European Criminal Law (2013), 4(1-2), 7

Th is Article provides an overview of the possible institutional designs of the European Public Prosecutor’s Offi ce [EPPO] with a view to the forthcoming proposal of the Commission. To this purpose, it ... [more ▼]

Th is Article provides an overview of the possible institutional designs of the European Public Prosecutor’s Offi ce [EPPO] with a view to the forthcoming proposal of the Commission. To this purpose, it clarifi es meaning, scope and limits of Article 86 TFEU. Furthermore, it argues that in order for the EPPO to be able to act as a real European prosecution service and for complying with the objectives of an Area of Freedom, Security and Justice, a set of powers uniformly formulated and valid in all Member States participating in the EPPO need to be elaborated [less ▲]

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See detailThe Spontaneous Exchange of Information between European Judicial Authorities from the Italian Perspective
Simonato, Michele UL

in New Journal of European Criminal Law (2011), 2(2), 220

This article outlines the legal grounds which allow for spontaneous exchange of information at the judicial level within the European Union, clarifying the purposes and modalities of such transmission ... [more ▼]

This article outlines the legal grounds which allow for spontaneous exchange of information at the judicial level within the European Union, clarifying the purposes and modalities of such transmission. Furthermore, it provides an overview of the Italian legal system’s approach towards received information. [less ▲]

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