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

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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

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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

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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,...

The Changing Landscape of UK-EU Policing and Justice Cooperation

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Abstract: The United Kingdom’s justice landscape is set to look very different post-Brexit. This Insight explores what form future UK-EU justice arrangements are likely to take. Focus is specifically on extradition, police cooperation through Europol, and information and data sharing. It considers the implications likely future arrangements...

La direttiva 2017/1371 e l’armonizzazione della prescrizione nei reati di frode fiscale: una possibile soluzione al conflitto tra Corti sorto dalla vicenda Taricco

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Abstract: This Insight focuses on a – apparently overlooked – passage of the decision M.A.S and M.B. (judgment of 5 December 2017, case C-42/17 [GC], or Taricco II), referring to the Directive 2017/1371. The Court of Justice seemingly assumes that the Directive imposes to the Member States to consider criminal limitations...

Directive (EU) 2017/1371 on the Fight Against Fraud to the Union’s Financial Interests by Means of Criminal Law: A Missed Goal?

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Abstract: This Insight analyses the so-called PIF Directive (i.e. Directive (EU) 2017/1371 of the European Parliament and the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law). The aim of the PIF Directive is to strengthen the protection of the financial interests of the Union and...

A Check Move for the Principle of Mutual Trust from Dublin: The Celmer Case

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Abstract: This Insight comments on the recent referral for a preliminary ruling by the Irish High Court Minister of Justice and Equality v. Celmer (judgment of 12 March 2018, no. 2017 EXT 291) in the case concerning a Polish citizen sought by the Republic of Poland pursuant to the European Arrest Warrant. The key problem relates to...

Minister for Justice v. O'Connor: A Decisive Moment for the Future of the EAW in the UK

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Abstract: The Irish Supreme Court (IESC) decided to lodge a request for a preliminary ruling with the CJEU in Minister for Justice v. O’Connor on February 1st. The IESC enquired the CJEU about the possibility of surrendering individuals to the UK who will be imprisoned beyond the date on which this country will withdraw from the...

Últimos avances en la cooperación judicial penal: la cooperación reforzada permite la creación de la Fiscalía Europea a partir del Reglamento (UE) 2017/1939

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Abstract: The European Public Prosecutor's Office does not start from scratch, but from a number of efforts of the EU institutions which have paid off with the adoption of Council Regulation (EU) 2017/1939 of 12 October 2017. This Regulation facilitates enhanced cooperation between Member States on the establishment of the European Public Prosecutor...

Beshkov or the Long Road to the Principle of Social Rehabilitation of Offenders

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Abstract: This Insight provides an analysis of the first preliminary ruling (Court of Justice, judgment of 21 September 2017, case C-171/16, Beshkov) concerning some provisions of the Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of...

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