Of swords and shields: due process and crime control in times of globalization - Liber amicorum prof. dr. J.A.E. Vervaele

Book published by Eleven (2023)

Composite Enforcement and Comprehensive Judicial Protection

in Luchtman, Michiel; Ligeti, Katalin; Vervaele, John (Eds.) EU enforcement authorities - Punitive law enforcement in a composite legal order (2023)

Introduction

in Luchtman, Michiel; Ligeti, Katalin; Vervaele, John (Eds.) EU enforcement authorities - Punitive law enforcement in a composite legal order (2023)

Introduction (Enforcement Challenges in Multilevel Regulatory Systems)

in Ligeti, Katalin; Brodersen, Kei Hannah (Eds.) Studies on Enforcement in Multilevel Regulatory Systems (2022)

Studies on Enforcement in Multilevel Regulatory Systems

Book published by NOMOS (2022)

Sword, Shield and Cloud: Toward a European System of Public-Private Orders for Electronic Evidence in Criminal Matters?

in Mitsilegas, Valsamis; Vavoula, Niovi (Eds.) Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives (2021)

The (Criminal) Liability of Legal Persons and Heads of Business: Strenghts and Weaknesses of the European Union's Approach

in Revue Pénale Luxembourgeoise (2020), (5), 2-22

This article aims to analyse the current EU legal framework on the (criminal) liability of legal persons and heads of business, and discuss its strengths and weaknesses. The first section provides some ... [more ▼]

This article aims to analyse the current EU legal framework on the (criminal) liability of legal persons and heads of business, and discuss its strengths and weaknesses. The first section provides some introductory remarks on a recent cross-cutting trend in EU law, which affects both corporate and individual liability, namely the increasing blurring of boundaries between administrative and criminal law in the enforcement of financial and economic policy. The analysis then shifts to the EU rules on corporate (criminal) liability, before briefly discussing whether, in EU legislation, the attribution of liability to legal persons is accompanied by recognition of their procedural rights. Finally, this contribution examines the criminal liability of heads of business, by focusing on the field of the protection of the Union’s financial interests, which represents a useful case study to discuss the current EU approach. [less ▲]

Introduction

in Ligeti, Katalin; Antunes, Maria João; Giuffrida, Fabio (Eds.) The European Public Prosecutor’s Office at Launch. Adapting National Systems, Transforming EU Criminal Law (2020)

National Report on Luxembourg: Judicial Cooperation in Criminal Matters and Electronic IT Data in the EU

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 ▲]