La Procura della Repubblica tra rinvio pregiudiziale ed esecuzione dell’ordine europeo di indagine penale: considerazioni relative alla causa XK

Insight

Abstract: In 1996, the Court of Justice ruled out that prosecutors could refer questions for a preliminary ruling on the grounds that their task is not to settle a dispute in complete independence but to submit it to a court by means of criminal prosecution. In case C-66/20 XK ECLI:EU:C:2021:200, the Court was asked to deal with the same...

Case Prokuratuur: Proportionality and the Independence of Authorities in Data Retention

Insight

Abstract: Records of electronic communication metadata allow detailed conclusions about habits of daily life, such as places of residence, activities carried out, or social relations. This data can therefore be useful in criminal investigations. The CJEU elaborated in case Prokuratuur (case C-746/18 ECLI:EU:C:2021:152) on the conditions of...

Generalstaatsanwaltschaft Berlin: A Further Development of Extradition Rules of Union Citizens to Third Countries

Insight

Abstract: Case C-398/19 Generalstaatsanwaltschaft Berlin (Extradition vers l'Ukraine) introduces relevant developments to the case-law on extradition of Union citizens to third countries. The Court of Justice establishes that the rules defined in its previous case-law apply to a Union citizen who has acquired the nationality of a Member...

The Use of the Charter and Pre-trial Detention in EU Law: Constraints and Possibilities for Better Protection of the Right to Liberty

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Abstract: As EU criminal law has expanded over the years, so have the opportunities for the application of relevant provisions of the EU Charter of Fundamental Rights. The present Insight analyses the situations where the right to liberty has become relevant to pre-trial detention in areas covered by EU rules. It critically discusses the gaps of protection...

Pre-trial Detention and EU Law: Collecting Fragments of Harmonisation Within the Existing Legal Framework

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Abstract: Pre-trial detention has yet to be harmonised under EU law, although evidence points to an overuse that may affect mutual trust. Other instruments however exist that might impact on the way national authorities use pre-trial detention. In this Insight, we seek to detect fragments of harmonisation within the existing legal framework...

Protecting Victims’ Rights Through the European Supervision Order?

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Abstract: This Insight analyses the aim of victim protection in the Framework Decision 2009/829/JHA and its limited usefulness, despite being regarded as one of the main objectives of the recognition and enforcement of judicial decisions on supervision measures. After explaining the apparent aims of the Framework Decision, the Insight...

The Reasons Behind the Failure of the European Supervision Order: The Defeat of Liberty Versus Security

Insight

Abstract: The European Supervision Order is an instrument of mutual recognition of judicial decisions essential to guarantee the exceptional nature of pre-trial detention. It also prevents discrimination of suspects and accused persons in criminal proceedings on grounds of nationality or residence, with regard to the possibilities of enjoying...

The Interplay Between the European Supervision Order and the European Arrest Warrant: An Untapped Potential Waiting to Be Harvested

Insight

Abstract: This Insight will discuss the European Supervision Order (ESO) in the context of its nexus with the EAW. It will give an overview of the ESO, focussing on the issue of the ways in which breaches of an ESO may be addressed. The argument is advanced that the ESO’s potential is currently untapped and that it has the ability to make...

Special Focus on Pre-trial Detention and Its Alternatives Under EU Law: An Introduction

Highlight

Keywords: European Supervision Order – pre-trial detention – alternatives – harmonisation – judicial cooperation in criminal matters – right to personal liberty.
 

The use and misuse of pre-trial detention is a recurring concern for national penal systems. While the deprivation of liberty pending judicial...

Legality, Double Criminality and Effectiveness in the European Arrest Warrant System: The Court of Justice in X

Insight

Abstract: In X (judgment of 3 March 2020, case C-717/18, X (Mandat d'arrêt européen – Double incrimination), the Court of Justice has clarified the implications of a reform determining the increase of the penalty scales on the lifting the double criminality check pursuant to Art. 2, para. 2, of Framework Decision 2002/584/JHA,...

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