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Borrowing and debt by the EU as such have been approached with uncertainty, reflecting policy choices of the Member States,—who hold the key to Union’s resources—as to the desired degree of financial autonomy of the Union. Initially recognised as a resource, and integrated in ECSC operations as investment, loans are met with silence in the EEC treaty, while successive financial regulations established...
This article discusses the protection of individuals within criminal justice cooperation procedures in the European area of freedom, security and justice. The reign of the mutual recognition principle in the criminal justice area has minimised the defence rights of suspects and of accused persons. Under the 2009 Roadmap on Procedural Rights, three directives have already been adopted, which seek to...
This article outlines the main phases of the evolution of the Schengen cooperation. Since its beginning it has been shaped by several different dynamics: the fall of the Berlin Wall and the creation of the internal market between 1989 and 1992, the entry into force of the Amsterdam Treaty and the creation of the Freedom, Security and Justice Area in 1999, the impact of 9/11 on the EU borders, and...
The development of new concepts for tackling crime on the internet has been one of the priorities at both the national and international levels in recent years. One of the sectors where this problem poses specific challenges is money laundering over the internet. The paper seeks to contribute to the understanding of the complex problem of cyber-laundering by analysing the risks and challenges that...
This article considers two topics that are directly related to digital evidence: (i) encrypted data and (ii) software, logic and proof: understanding more than the output of electronic evidence. Both topics are of significance in legal proceedings, especially criminal proceedings. In relation to encrypted data, this article briefly considers how such data is treated in Canada, England & Wales...
Article 86 TFEU provides a clear legal basis to establish the European Public Prosecutor’s Office (EPPO) and to regulate its investigative and prosecutorial powers. Article 86 TFEU also refers to a limited substantive mandate, the protection of the financial interest of the Union, or to an extended mandate (based on an unanimous decision in the Council) including all serious crimes having a cross-border...
Special investigative techniques—undercover operations and surveillance methods—may raise different human rights issues depending on the purpose of their use. This article maps out the legal points addressed in the jurisprudence of the European Court of Human Rights, in particular, the way the techniques are used, the conditions of the use of their results as evidence in criminal proceedings, and...
The paper will consider the investigation and prosecution of cross border corruption and bribery from a Scottish and EU perspective. It will consider more widely and fully the investigative powers available in such cases including the use of international mutual legal assistance instruments, as well as extradition. Moreover, it will consider the absence of common minimum standards and rules for the...
Every year, 75 million people—constituting approximately 15 % of the entire EU population—become direct victims of crime in the European Union (Commission Staff Working Paper Impact Assessment, COM (2011) 274 final). These numbers are so enormous that it is difficult even to picture what they really mean, and how devastating that reality is. These numbers should by themselves inspire the need for...
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