scholarly journals Locus/Forum Regit Actum – a Dual Principle in Transnational Criminal Matters

2019 ◽  
Vol 60 (2) ◽  
pp. 155-172
Author(s):  
Krisztina Karsai
Keyword(s):  
International Criminal ◽  
Binary Code ◽  
Legal Assistance ◽  
The European Union ◽  
Legal Remedies ◽  
The Subject ◽  
Criminal Matters ◽  
The Given ◽  
Legal Consequences ◽  
The Eu

AbstractThe aim of the paper is to introduce and analyse the binary code of the main principle applied in legal assistance procedures in international criminal matters – the locus regit actum and the forum regit actum sub-principles are characterized by different dynamics and have different legal consequences. While locus regit actum requires the application of the procedural rules of the state that has been addressed with the legal assistance request, the forum regit actum principle asks for application of the requesting state’s rules on the given procedure. The result of the legal assistance procedure is the evidence assumed to be used in the criminal procedure to be carried out in the requesting state. The different concepts have very distinguished consequences in the scope of admissibility of the evidence and regarding the legal remedies against obtaining the evidence. Within the European Union, the related developments show a double paradigm shift in this regard – the initial followed locus regit actum was abandoned in 2000 in favour of the forum regit actum, but then in 2017, the member states of the EU opted once again for locus regit actum with the new regime of the European Investigation Order. Finally, the paper highlights the main issues of the concept of the free movement of evidence and shares in addition to positive evaluation, criticism on the subject as well.

Mutual legal assistance under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199593
Author(s):  
Anna Oehmichen ◽  
Ben Keith
Keyword(s):  
Legal Assistance ◽  
Cooperation Agreement ◽  
Mutual Legal Assistance ◽  
Mutual Assistance ◽  
Applicable Law ◽  
Legal Remedies ◽  
Criminal Matters ◽  
The Eu

This article provides an analysis of the new provisions in the EUUK Trade and Cooperation Agreement (TCA) that govern Mutual Legal Assistance in criminal matters. While only few provisions of the European Investigation Order are picked up by the TCA, it is mostly based on the Council of Europe’s European Mutual Assistance Convention of 1959. An overview on applicable law is provided, after which a closer look is taken at procedural aspects in general as well as specific differences between previously applicable and new provisions. In this respect, two conditions for issuing a request are considered, namely availability in similar domestic cases and proportionality. Grounds for refusal, provisional measures and legal remedies also are highlighted. The authors conclude that the new provisions leave a lot of unanswered questions and that while mutual legal assistance can continue, it will happen at reduced pace.

Die Verjährung als Herausforderung für die grenzüberschreitende Zusammenarbeit in Strafsachen

2021 ◽  
Keyword(s):  
Cross Section ◽  
Comparative Law ◽  
The European Union ◽  
Human Right ◽  
Criminal Offenses ◽  
Grenzüberschreitende Zusammenarbeit ◽  
The Subject ◽  
Criminal Matters ◽  
The Eu

The statute of limitations for criminal offenses varies within the European Union. This raises considerable problems for cross-border cooperation in criminal matters. Overcoming them was the subject of a comparative law research project with the aim of developing a first harmonization proposal for the statute of limitations in the EU. The publication presents the most important research results including a comprehensive analysis of the statute of limitations for criminal offenses and sanctions in 14 countries. The comparative law cross-section evaluates similarities and differences and draws conclusions that resulted in a harmonization proposal. For this purpose, a case study on the statute of limitations for fraud provided valuable insights. An analysis of whether a human right to a statute of limitations can be justified completes the comparison. The cross-section and the harmonization proposal are also available in English. With contributions by Robert Esser, Michael Faure, Victor Gómez Martín, Walter Gropp, Livia Häberli, Samantha Halliday, Rita Haverkamp, Gudrun Hochmayr, Krisztina Karsai, André Klip, Thomas Kolb, Marek Kulik, Susan Lazer, Marianne Johanna Lehmkuhl, Renzo Orlandi, Theodoros Papakyriakou, Andres Parmas, Magdalena Pierzchlewicz, Angeliki Pitsela, Sophie Sackl, Helmut Satzger, Lyane Sautner, Leandro Schafer, Arndt Sinn, Jaan Sootak, Zsolt Szomora, Stephen Thaman, Julien Walther, Jan Wenk and Ann Wood.

scholarly journals Short Profiles of Different European Investigation Order Domestic Regulations in the European Union

2019 ◽  
Vol 25 (2) ◽  
pp. 169-175
Author(s):  
Georgia Papucharova
Keyword(s):  
European Union ◽  
Legal Assistance ◽  
The European Union ◽  
Judicial Cooperation ◽  
New Instrument ◽  
Evidence Gathering ◽  
The Right ◽  
Criminal Matters ◽  
National Systems ◽  
The Eu

Abstract Тhe regulatory fragmentation and the excessive administrative formalities in the area of international legal assistance in investigation have created the need for a unitary mechanism. This article is focused on the relatively new instrument for international judicial cooperation in criminal matters – The European Investigation Order (EIO). Specifically, it examines the reflection of Directive 2014/41/EU in several Member States of the EU and provides an overview of the separate national systems. The analysis contained in this paper seeks to identify the issuing, the receiving and the executing authorities in each of the considered countries. Main aspects of the EIO’s regulation such as, for an example, its form and content, its transmission, proportionality assessment, deadlines and refusal grounds are seen from the perspective of different national legislations. Although the present study is not intended to be exhaustive, it could clarify to some extent whether an“one-size-fits all” solution in the area of evidence-gathering is an appropriate approach. Special attention is paid to the protection of the right to defence provided by the examined domestic regulations concerning the EIO.

The state of democracy in the European Union in scenarios: federation, empire and Europe à la carte

2016 ◽  
pp. 90-108
Author(s):  
Marta Witkowska
Keyword(s):  
European Union ◽  
Reference Point ◽  
The State ◽  
The European Union ◽  
Scenario Development ◽  
Normative Approach ◽  
Norms And Values ◽  
The Subject ◽  
The Eu ◽  
A La Carte

The aim of the article is to present possible scenarios on maintaining democracy in the EU, while assuming different hypothetical directions in which it could develop as a federation, empire and Europe à la carte. Selected mechanisms, norms and values of the EU system that are crucial for the functioning of democracy in the European Union are the subject of this research. The abovementioned objective of scenario development is achieved through distinguishing the notions of policy, politics and polity in the research. In the analysis of the state of democracy in the European Union both the process (politics) and the normative approach (policy) have been adopted. The characterised norms, structures, values and democratic procedures in force in the EU will become a reference point for the projected scenarios. The projection refers to a situation when the existing polity transforms into a federation, empire or Europe à la carte. The article is to serve as a projection and is a part of a wider discussion on the future of the basis on which the European Union is build.

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.

The present and future competence of the European Union in the Arctic

Polar Record ◽  
2011 ◽  
Vol 48 (4) ◽  
pp. 361-371 ◽  
Author(s):  
Timo Koivurova ◽  
Kai Kokko ◽  
Sebastien Duyck ◽  
Nikolas Sellheim ◽  
Adam Stepien
Keyword(s):  
International Negotiations ◽  
The Arctic ◽  
The European Union ◽  
Crucial Importance ◽  
Arctic Council ◽  
The Third ◽  
Broad Array ◽  
The Subject ◽  
Arctic Policy ◽  
The Eu

ABSTRACTThe European Union's (EU's) intention of becoming a permanent observer in the Arctic Council and the reluctance of Arctic actors to grant it that status have made the union's aspirations in the Arctic the subject of a continuing debate. The discussion appears to be dominated by geographical considerations and the EU's gradually emerging Arctic policy. This article puts forward a different view of the EU's presence in the region, one drawing on an analysis of relevant EU competences. As a complex international actor, the EU has acquired a broad array of decision-making powers from its member states, powers that partly extend to Iceland and Norway via the EEA Agreement. Moreover, the EU has in many cases become a relevant actor in international negotiations and treaty making processes the outcomes of which are of crucial importance for the governance of the Arctic. Our argument in the third and concluding section is that only by including the EU in Arctic governance can the international community provide better prospects for the union to sensitise its policies and discourses to the Arctic realities and for other Arctic actors to understand how the union functions. This argument is supported by an analysis of the EU's restrictions on the import of seal products and the ensuing litigation.

scholarly journals Economic prospects for cooperation the European Union and Ukraine in the use of blockchain technologies

2020 ◽  
Keyword(s):  
European Union ◽  
Economic Benefits ◽  
Competitive Advantages ◽  
The European Union ◽  
Labor Costs ◽  
Traditional Management ◽  
Enterprise Technology ◽  
General Scientific ◽  
The Subject ◽  
The Eu

The article is devoted to the research of the possibilities of cooperation between the European Union (EU) and Ukraine in the use of blockchain technologies. The transition to the blockchain allows to minimise costs and maximise the results of economic activity. The experience of using blockchain technologies by world corporations is analysed. The subject of the research in the article is the potential of economic cooperation between the EU and Ukraine in the field of implementation and use of blockchain technologies. The purpose of the article is to find out the economic prospects of cooperation between the EU and Ukraine in the use of blockchain technologies. Tasks: researching of tendencies of development of blockchain technologies and possible variants of their implantation in activity of the Ukraine’s enterprises, searching for benefits from cooperation between Ukraine and the EU in the field of use of blockchain technologies. General scientific used research methods: analysis – to determine the peculiarities of the use of blockchain technologies in the EU, synthesis – to find opportunities for cooperation between Ukraine and the EU in the use of blockchain technologies. The obtained results: based on the analysis of the dynamics of changes in the field of enterprise technology, problematic aspects are identified and the main advantages of the transition from the traditional management model to blockchain platforms are identified, and the economic benefits of locating mining farms in Ukraine compared to some EU countries are calculated. Conclusions: using of blockchain technologies by modern enterprises gives them a number of competitive advantages, including saving on labor costs, increased information security, reduced costs for quality control of products/services, etc. Blockchain allows to promote more sustainable cooperation between EU and Ukrainian companies not only in trade, but also in industry, finance and energy. By implementing joint blockchain systems with the EU, Ukraine can provide mining with low costs for electricity and wages.

scholarly journals Migration issues in the EU’s common foreign and security policy – selected aspects

2021 ◽  
pp. 43-59
Author(s):  
Tomasz Dubowski
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
Security Policy ◽  
Migration Policy ◽  
External Action ◽  
The European Union ◽  
Eu Foreign Policy ◽  
Foreign And Security Policy ◽  
The Subject ◽  
The Eu

In the discussion on the EU migration policy, it is impossible to evade the issue of the relation between this policy and the EU foreign policy, including EU common foreign and security policy. The subject of this study are selected links between migration issues and the CFSP of the European Union. The presented considerations aim to determine at what levels and in what ways the EU’s migration policy is taken into account in the space of the CFSP as a diplomatic and political (and subject to specific rules and procedures) substrate of the EU’s external action.

Geographical Indications for agricultural products and foodstuffs in the EU: to what extent does the protection level match the scope of the subject matter?

2021 ◽  
Vol 11 (3) ◽  
pp. 270-294
Author(s):  
Kim Van der Borght ◽  
Jianmei Gao ◽  
Xiaoting Song
Keyword(s):  
Human Factors ◽  
Subject Matter ◽  
Agricultural Products ◽  
Production Model ◽  
Geographical Indication ◽  
The European Union ◽  
Protection Level ◽  
Protected Designation Of Origin ◽  
The Subject ◽  
The Eu

To recognize an origin-linked production model and the typicity of the products, the European Union (EU) has introduced the Geographical Indication (GI) protection regime. By requiring that relevant production steps must take place in the defined locale, the regime confers exclusive production rights on the local producers. There are two GI categories in the EU. The first is Protected Designation of Origin (PDO), covering products with a qualitative link to both natural and human factors in the designated region. The second is Protected Geographical Indication (PGI), the scope of which overlaps with PDO and covers products that have a qualitative or reputational link with their regional origin. This article examines whether exclusive rights are necessary and appropriate to fulfil their objectives and argues that these rights, when extended to human factors and reputation, cannot always be justified. It is argued that the overlapping scope of the subject matter undermines the ability of these two GI protection categories to provide transparent and trustworthy information for consumers. Finally, this article proposes to redefine the scope of the subject matter and the protection level for PDO and PGI by approaching the product/origin link from a resource utilization, integration and sustainability perspective. *Corresponding author: [email protected]. The research for this article was partially funded by Vrije Universiteit Brussel/China Scholarship Council Joint Scholarship and the National Social Science Fund of China (Grant No. 16 ZDA236).

EU Draft Code of Conduct for Outer Space Activities

2021 ◽  
pp. 153-159
Keyword(s):  
New York ◽  
Space Debris ◽  
Outer Space ◽  
Code Of Conduct ◽  
The European Union ◽  
Draft Code ◽  
The Subject ◽  
Asian Pacific ◽  
Space Activities ◽  
The Eu

This chapter describes the main contents of the European Union (EU) Draft Code of Conduct for Outer Space Activities, Space Debris and Liability Convention. It is necessary and desirable for us to legislate more concretely the abovementioned draft Code of Conduct for Outer Space Activities so as to mitigate or remove space debris. In December 2008, the EU adopted a Draft Code of Conduct (EU Draft CoC) for outer space activities. On September 2010, the EU revised a second draft of the EU Code of Conduct for Outer Space Activities. The draft of the International Code of Conduct (the Code), dated March 31, 2014, was intended to be the subject of negotiations at the United Nations in New York from July 27-31, 2015. The code, a politically and not legally binding document, aims to establish some rules of good conduct for outer space activities. The author proposes the establishment of a new Asian-Pacific International and Environmental Monitoring Organization (tentative title) for prevention and mitigation of space debris.

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