Money Laundering and Cryptocurrencies

Scientific Conference (2019, September 24)

SSM Sanctions between Administrative and Criminal Law

Scientific Conference (2019, June 13)

On Legality in Criminal Matters between Primacy of EU Law and National Constitutional Traditions. A Study of the Taricco Saga

in Mitsilegas, Valsamis; di martino, Alberto; Mancano, Leandro (Eds.) The Court of Justice and European Criminal Law Leading Cases in a Contextual Analysis (2019)

The present article retraces the history of the “Taricco saga” before the Court of Justice of the European Union (CJEU), which put in the spotlight the clashes between the primacy and effectiveness of EU ... [more ▼]

The present article retraces the history of the “Taricco saga” before the Court of Justice of the European Union (CJEU), which put in the spotlight the clashes between the primacy and effectiveness of EU law in the field of the protection of the financial interests of the EU, and the constitutional identities of the Member States with regard to fundamental rights in criminal law. Starting from the analysis of the first firm stance of the CJEU in the Taricco I judgment, to the Italian Constitutional Court’s reaction in defence of its own interpretation of the principle of legality in criminal law, the article then focuses on the final revirement of the CJEU towards a more tolerant position in M.A.S. and M.B.. The author, building upon the notion of constitutional pluralism and tolerance, does not consider such outcome as a defeat for the primacy of EU but rather welcomes it as a first step towards a more inclusive approach to the principle of primacy of EU law that necessarily encompasses fundamental rights and constitutional traditions, and that takes into due consideration the specificities of criminal law. [less ▲]

Giudizio direttissimo

in Illuminati, Giulio; Giulian, Livia (Eds.) Commentario breve al codice di procedura penale (2019)

Cross-Border Criminal Evidence and the Future European Public Prosecutor. One Step Back on Mutual Recognition?

in Bachmaier Winter, Lorena (Ed.) The European Public Prosecutor's Office The Challenges Ahead (2018)

Effective Defence Rights in Criminal Proceedings. A European and Comparative Study on judicial remedies

Book published by Wolters Kluwer (2018)

The European Union has adopted several Directives harmonising the rights of the suspects and accused persons in criminal proceedings. The effectiveness of defence rights granted by EU legal instruments ... [more ▼]

The European Union has adopted several Directives harmonising the rights of the suspects and accused persons in criminal proceedings. The effectiveness of defence rights granted by EU legal instruments does not simply rely on their correct implementation in national law, but also depends on the existence of enforcement and control mechanisms granting judicial protection to individuals. Although the Directives impose remedial obligations on the Member States, the different structure and scope of judicial control under national law is likely to undermine the justiciability of procedural safeguards granted by EU law. Divergences among national criminal justice systems raise further challenges in the field of cross-border cooperation. In light of the recent case law of the European Courts, the present book explores the scope and meaning of the right to effective judicial protection in criminal proceedings in relation to the first three Directives of the Stockholm roadmap. It offers a comparative analysis of the national implementations of these so-called ABC Directives in six Member States, focusing on legal remedies that ensure the effectiveness of the rights granted by the EU Directives. This volume presents the results of a study carried out by a group of European criminal law experts from 2015 to 2017 thanks to the financial support of the EU Commission. [less ▲]

DIRECTIVE 2012/13/EU ON THE RIGHT TO INFORMATION IN CRIMINAL PROCEEDINGS

in Allegrezza, Silvia; Covolo, Valentina (Eds.) EFFECTIVE DEFENCE RIGHTS IN CRIMINAL PROCEEDINGS A European and Comparative Study on Judicial Remedies (2018)

Admisibilidad de la prueba transnacional en los procedimientos de la fiscalia europea

in Bachmaier Winter, Lorena (Ed.) La Fiscalia Europea (2018)

JUDICIAL REVIEW AS A FUNDAMENTAL RIGHT: ARTICLE 47 OF THE CHARTER

in Allegrezza, Silvia; Covolo, Valentina (Eds.) EFFECTIVE DEFENCE RIGHTS IN CRIMINAL PROCEEDINGS A European and Comparative Study on Judicial Remedies (2018)

Effectiveness of defence rights and judicial control in the EU

Presentation (2017, April 07)