Keywords: joint investigation team – Eurojust – Russia-Ukraine war – International Criminal Court – Office of the Prosecutor – positive complementarity.
 

A Joint Investigation Team (JIT) can be set up on the basis of an agreement between two or more member States of the European Union (EU) and/or other parties...

Abstract: The Court of Justice provided a comprehensive interpretation of the dual criminality requirement under Framework Decision 2002/584/JHA when it handed down its judgment in the KL judgment (case C-168/21 Procureur général près la cour d’appel d’Angers ECLI:EU:C:2022:558). The case at hand raised three intertwined legal...

Abstract: The global reform of the EU migration policy envisaged in the New Pact on Migration and Asylum is stalling. The increased number of arrivals from Belarus gave the European Commission the opportunity to change its approach in attempting to reform the European migration management. The Belarus crisis, influenced by the active involvement of...

Abstract: In recent years the EU and its Member States have claimed to be increasingly targeted by “weaponised” migration. Due to the contemporary sensitivity of migration-related issues in the EU, neighbouring states are supposedly using the threat of increased migration to force the Union’s hand in other policy areas. Below, several recent...

Abstract: A series of challenges and crises have highlighted the deficits of the ‘Schengen Αrea’ both regarding its external and internal borders. This resulted in the undermining of trust between the Member States which is essential to sustain an area free from internal borders. Thus, the EU Commission presented in December 2021 new rules to...

Abstract: In the Chrysostomides case (joined cases C-597/18 P, C-598/18 P, C-603/18 P and C-604/18 P Council v Chrysostomides & Co. and Others ECLI:EU:C:2020:1028), the Court of Justice (ECJ) confirmed its previous finding that the Eurogroup has only an informal and intergovernmental nature. Building on the cases Ledra...

Abstract: This Insight discusses the Court of Justice’s judgment of 14 May 2020 in the joined cases C-924/19 and C-925/19, which concerned two couples of asylum seekers detained in the Röszke transit zone, at the Hungarian-Serbian border. The analysis focuses on the approach followed by the Court, that has addressed several issues under EU...

Abstract: The case DB v. Consob (request lodged on 21 June 2019, case C-481/19), pending before the Court of Justice, deals with preliminary questions referred by the Italian Constitutional Court on the applicability and scope of a natural person's right to remain silent during administrative proceedings which may lead to the imposition of...

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...

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...