The European Public Prosecutor’s Office at Launch. Adapting National Systems, Transforming EU Criminal Law

Book published by Wolters Kluwer - CEDAM (2020)

In November 2017, Council Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘EPPO’) entered into force. The EPPO is a new body of ... [more ▼]

In November 2017, Council Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘EPPO’) entered into force. The EPPO is a new body of the European Union that will investigate and prosecute perpetrators of criminal offences affecting the financial interests of the Union. Being the first EU authority to exercise direct powers vis-à-vis individuals in the field of criminal law, the EPPO represents a paradigm shift in the EU criminal justice field and requires several amendments of national legislation. The Member States that take part in the EPPO enhanced cooperation are currently in the process of implementing the Regulation in order to make their criminal justice systems compatible with its provisions, and allow the EPPO to carry out its activities once the Office will be up and running. Building on the Symposium that took place in Coimbra on 29–30 March 2017, which was co-organised by the European Criminal Law Academic Network (ECLAN) and the Instituto Jurídico of the Law Faculty of the University of Coimbra, this book offers a comprehensive overview of crucial aspects of this ambitious and debated EU initiative, in both its European and national dimensions. It aims to analyse key issues related to the functioning and legitimacy of the EPPO from a European perspective, such as EPPO independence and material competence, judicial review of its acts, and protection of fundamental rights in the framework of EPPO proceedings. At the same time, it also represents the first publication that, in the wake of the Regulation’s adoption, discusses the challenges that the implementation of this EU legal instrument is currently raising in some Member States, namely Austria, Finland, Germany, Lithuania, Luxembourg, and the Netherlands. [less ▲]

Overprosecution and Negotiated Justice in Europe

in Van Kempen, Piet Hein (Ed.) Overuse in the Criminal Justice System: On Criminalization, Prosecution and Imprisonment (2019)

Policy Recommendations

Report (2019)

The Place of the Prosecutor in Common Law and Civil Law Jurisdictions

in Brown, Darryl; Iontcheva Turner, Jenia; Weisser, Bettina (Eds.) The Oxford Handbook of Criminal Process (2019)

This chapter focuses on the place of the public prosecutor in common law and civil law jurisdictions. It first describes the institutional positioning of public prosecutors, particularly vis-à-vis the ... [more ▼]

This chapter focuses on the place of the public prosecutor in common law and civil law jurisdictions. It first describes the institutional positioning of public prosecutors, particularly vis-à-vis the executive power, before discussing their role and powers in regard to the pretrial phase. It then considers the increasing tendency to entrust the public prosecutor with quasi-judicial sanctioning powers in the context of out-of-court procedures (“prosecutorial adjudication”). It also examines the role of specialized law enforcement authorities in the exercise of investigative and prosecutorial functions, coercive measures and the need for judicial authorization, and prosecutorial discretion and alternatives to trial proceedings. Finally, it explains how independence, centralization and decentralization, legality and opportunity of prosecution, and the alternatives to trial proceedings have been translated to the supranational design of the European Public Prosecutor’s Office (EPPO). [less ▲]

The Organised Crime-Terrorism Nexus: How to Address the Issue of ISIS Benefitting from Lucrative Criminal Activities?

in Roksandić Vidlička, Sunčana; Engelhart, Marc (Eds.) Dealing with Terrorism. Empirical and Normative Challenges of Fighting the Islamic State (2019)

Preventing and Resolving Conflicts of Jurisdiction in EU Criminal Law

Book published by Oxford University Press (2018)

Toward a Prosecutor for the European Union. Vol. 2: Draft Rules of procedure

Book published by Hart Publishing (2018)

Transnational Enforcement of Production Orders for Electronic Evidence. Beyond Mutual Recognition?

in Kert, Robert; Lehner, Andrea (Eds.) Vielfahlt des Strafrechts im internationalen Kontext: Festschrift für Frank Höpfel zum 65. Geburtstag (2018)

Challenges and Trends in Enforcing Economic and Financial Crime: Criminal Law and Alternatives in Europe and the US

in Ligeti, Katalin; Tosza, Stanislaw (Eds.) White Collar Crime. A Comparative Perspective (2018)

This chapter by Katalin Ligeti and Stanislaw Tosza provides a synthesis of the main findings of the book edited by the two authors (White Collar Crime. A Comparative Perspective, Hart Publishing, 2018 ... [more ▼]

This chapter by Katalin Ligeti and Stanislaw Tosza provides a synthesis of the main findings of the book edited by the two authors (White Collar Crime. A Comparative Perspective, Hart Publishing, 2018). The chapter first presents the challenges in investigating and prosecuting economic and financial crime (section II). The analysis of four national systems (France, Poland, Sweden, and the US) complemented by the information provided in the transversal chapters led to the identification of four major tendencies in the field in response to these challenges (section III): the swinging of enforcement strategies between prosecuting individuals or/and corporations (section III.A); the extension of punitive sanctions and the use of compliance programmes as punishment (section III.B); the extensive use of alternatives to criminal proceedings (section III.C); and the increased role of private actors in controlling economic and financial crime (section III.D). In section 4, these responses are scrutinised from the perspective of the human rights regime. [less ▲]

Cross-border access to electronic evidence: Policy and legislative challenges

in Carrera, Sergio; Mitsilegas, Valsamis (Eds.) Constitutionalising the Security Union: Effectiveness, rule of law and rights in countering terrorism and crime (2017)