Draft Legislative Proposals for the Prevention and Resolution of Conflicts of Jurisdiction in Criminal Matters in the European Union

2018 ◽  
Keyword(s):  
European Union ◽  
European Law ◽  
The European Union ◽  
Non Profit ◽  
Legal Development ◽  
Legal Traditions ◽  
Legislative Proposals ◽  
Practical Guidance ◽  
Criminal Matters ◽  
Conflicts Of Jurisdiction

Instrument of the European Law Institute The European Law Institute (ELI) is an independent non-​profit organisation established to initiate, conduct and facilitate research, make recommendations and provide practical guidance in the field of European legal development. Building on the wealth of diverse legal traditions,...

The legal basis for preventing and resolving conflicts of criminal jurisdiction in the TFEU

2018 ◽  
Author(s):  
Martin Wasmeier
Keyword(s):  
European Union ◽  
The European Union ◽  
Legal Basis ◽  
Judicial Cooperation ◽  
Member States ◽  
Criminal Jurisdiction ◽  
Amsterdam Treaty ◽  
Criminal Matters ◽  
Conflicts Of Jurisdiction

Since the European Union (EU) has received powers to adopt legally binding acts in the area of judicial cooperation in criminal matters, the Treaties expressly referred to conflicts of jurisdiction as one of the issues to be tackled. Under the Amsterdam Treaty, the Union could adopt decisions and framework decisions with the aim of ‘preventing conflicts of jurisdiction between Member States’ (ex-​Article 31(d) of the Treaty on European Union (TEU)). The Treaty of Nice (26 February 2001) added the coordination of prosecutions through Eurojust.

European Union Criminal Law

2018 ◽  
Author(s):  
Valsamis Mitsilegas ◽  
Niovi Vavoula
Keyword(s):  
European Union ◽  
Criminal Justice ◽  
Criminal Law ◽  
Community Action ◽  
The European Union ◽  
Eu Member States ◽  
Legal Traditions ◽  
Gradual Evolution ◽  
Treaty Of Rome ◽  
Criminal Matters

The past three decades have witnessed the gradual evolution of a supranational system of criminal law by the European Union. This is a striking development, since criminal law is an area of great significance for state sovereignty and national identity, whereby EU Member States have developed divergent legal traditions and understandings. Although the Treaty of Rome did not confer any express power on the then European Community (EC) in the field of criminal justice, the European integration process proved that it was difficult to disassociate Community action in the main areas of EC competence, including free movement and the completion of the internal market, from criminal justice policy. Thus, the Maastricht Treaty established a Union competence in the field of Justice and Home Affairs, under the (former) Third Pillar, including judicial and police cooperation in criminal matters. However, decision-making in relation to this took place on the basis of unanimity within the Council, with mere consultation of the European Parliament. With the entry into force of the Amsterdam Treaty, the ‘policy core’ of EU criminal law became more firmly defined, resulting in the adoption of a wide range of framework decisions (e.g. on terrorism, trafficking in human beings, corruption). Importantly,

A New Agency Is Born in the European Union: The European Asylum Support Office

2010 ◽  
Vol 12 (4) ◽  
pp. 373-405 ◽  
Author(s):  
Françoise Comte
Keyword(s):  
European Union ◽  
Point Of View ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
Monitoring Centre ◽  
European Regulatory ◽  
Legislative Proposals ◽  
Institutional Landscape ◽  
The Eu

AbstractOn 19 May 2010, the Spanish Minister for the Interior, Alfredo Pérez Rubalcaba and the President of the European Parliament, Jerzy Buzek, signed the Regulation establishing the European Asylum Support Office. This Regulation allows the creation of a new European regulatory agency into the EU institutional landscape. The Office, a fledgling agency, is one of the active agencies in the home affairs sector: FRONTEX, the Monitoring Centre for Drugs and Drug Addiction, EUROPOL, CEPOL and EUROJUST. The founding regulation of the Office is the first legal instrument, adopted as part of legislative proposals recently introduced by the European Commission in the asylum area. This allows an old project to achieve its purpose, by creating a structure primarily designed to support Member States of the European Union in their efforts to bring closer national practices in the field of asylum. If EASO’s founding Regulation can meet this first concern of the Member States, it can also in many ways be considered as a breakthrough in European law, from an institutional, as well as from a substantive point of view. This article intends to examine these elements.

Advancing development of medicines by academia and non-profit research organizations in the European Union

2020 ◽  
Author(s):  
Rosa Gonzalez-Quevedo ◽  
Constantinos Ziogas ◽  
Ivana Silva ◽  
Rosan Vegter ◽  
Anthony Humphreys
Keyword(s):  
European Union ◽  
The European Union ◽  
Non Profit ◽  
Research Organizations

The Role of National Constitutional Courts in European Democracy

2017 ◽  
Author(s):  
Dieter Grimm
Keyword(s):  
European Union ◽  
Economic Liberalization ◽  
Democratic Legitimacy ◽  
European Law ◽  
The European Union ◽  
Constitutional Courts ◽  
European Court ◽  
European Democracy ◽  
And Function

This chapter examines the role of national constitutional courts in European democracy. It first provides an overview of national constitutional courts in Europe, focusing on the requirements that they impose on national institutions and the consequences of those requirements at the treaty level—i.e., transferring national powers to the European Union and regulating how these powers are exercised; at the level of the EU’s exercise of these powers; and at the level of implementing European law within national legal systems. The chapter also discusses how the European Court of Justice’s jurisprudence enabled the European treaties to function as a constitution; the non-political mechanism of EU decisions and how it promotes economic liberalization; and how the design and function of European primary law undermine democracy. The chapter suggests that the democratic legitimacy imparted to the EU’s decisions by its citizens can only develop within the framework of the European Parliament’s powers.

Human rights and the rule of law in judicial cooperation in criminal matters under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199593
Author(s):  
Wolfgang Schomburg ◽  
Anna Oehmichen ◽  
Katrin Kayß
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
Human Rights Protection ◽  
Criminal Matters ◽  
The Eu

As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.

scholarly journals Castaño avoids a clash between the ECtHR and the CJEU, but erodes Soering. Thinking human rights transnationally

2020 ◽  
pp. 203228442097974
Author(s):  
Sibel Top ◽  
Paul De Hert
Keyword(s):  
European Union ◽  
Human Rights ◽  
Union Member ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Criminal Matters ◽  
European Union Member States

This article examines the changing balance established by the European Court of Human Rights (ECtHR) between human rights filters to extradition and the obligation to cooperate and how this shift of rationale brought the Court closer to the position of the Court of Justice of the European Union (CJEU) in that respect. The article argues that the ECtHR initially adopted a position whereby it prioritised human rights concerns over extraditions, but that it later nuanced that approach by establishing, in some cases, an obligation to cooperate to ensure proper respect of human rights. This refinement of its position brought the ECtHR closer to the approach adopted by the CJEU that traditionally put the obligation to cooperate above human rights concerns. In recent years, however, the CJEU also backtracked to some extent from its uncompromising attitude on the obligation to cooperate, which enabled a convergence of the rationales of the two Courts. Although this alignment of the Courts was necessary to mitigate the conflicting obligations of European Union Member States towards both Courts, this article warns against the danger of making too many human rights concessions to cooperation in criminal matters.

scholarly journals Los procesos secesionistas y el derecho europeo

2016 ◽  
pp. 347
Author(s):  
Javier Tajadura Tejada
Keyword(s):  
European Union ◽  
Member State ◽  
Legal System ◽  
Constitutional Law ◽  
The Political ◽  
European Law ◽  
The European Union ◽  
European Citizenship ◽  
Regional Authorities

Este artículo analiza en primer lugar el significado de la secesión en el Derecho Internacional y en el Derecho Constitucional. Asimismo, examina cómo se aborda el fenómeno de la secesión en el Derecho comunitario europeo. Esto obliga a estudiar dos tipos de problemas: por un lado, el de la secesión de un Estado miembro respecto de la propia Unión; por otro, el de la fragmentación de un Estado miembro por la secesión de una parte de su territorio. La conclusión es que la conservación o fragmentación de un Estado miembro de la Unión Europea no es un asunto interno: la secesión de partes de un territorio afecta al sistema político europeo en su conjunto, en la medida en que es una forma de integración federal donde no caben actos unilaterales que quebranten el principio de lealtad federal de la Unión y la ciudadanía europea que ha ido conformándose en las últimas décadas.This article analyzes the meaning of secession in international and constitutional law. It also examines the phenomenon of secession in European law. This requires studying two types of problems: the secession of a member state of the European Union and the fragmentation of a Member State for the secession of part of its territory. The conclusion is that conservation or fragmentation of a Member State of the European Union is not an internal matter. In our opinión, the political and legal system of the Union can be characterized also federally, which prevents the national and regional authorities to carry out unilateral acts that go against the principle of Community federal loyalty and European citizenship.

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