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This article reviews the research into the effectiveness of sentencing in preventing crime in England and Wales. It then discusses the impact that a restorative justice perspective could have on sentencing in criminal cases. It argues that such an approach would enhance the quality of justice for both victims and perpetrators and lead to improved outcomes in relation to victims’ recovery from the...
Résumé Le propre de l’économie numérique est de permettre la fourniture de biens et de services à un consommateur final sans être établi dans le pays de consommation.Le système européen de la TVA s’est désormais doté des instruments juridiques permettant aux Etats membres de lever l’impôt dû dans le pays de consommation.En ce qui concerne les services ‘gratuits’ fournis sur internet l’auteur considère...
Religion in society and religion in the workplace have recently become highly debated topics in many European countries such as Belgium, France and Germany. The focus of this paper is on religion in labour law in France and in Belgium from an EU law and from a labour law perspective. The main focus will be put on considering the recent headscarf cases in the case law of the European Court of Justice...
The implementation of the requirement of double criminality in the European Arrest Warrant Framework Decision is one of the fields where the strength of the principle of mutual recognition in criminal matters is put to the test.There are differences between the transposition modalities of the different Member States and diverse interpretations in the case law of the European Court of Justice (CJEU)...
When sentencing terrorist offenders, judges face particular challenges. Factual information is often classified or should not be made available to all parties involved. This makes it more difficult to assess whether the offender still poses a threat to society and to evaluate the risk of re-offending.The Parole Board is confronted with similar issues when making release decisions.This paper argues...
Résumé C’est aujourd’hui une banalité de constater qu’aucun domaine d’activité ne demeure étranger à la révolution des nouvelles technologies de l’information et de la communication (NTIC) et à la numérisation des données. Même si la maturation demeure très inégale selon les États, les administrations fiscales ne font pas exception pour gagner en performance et mobiliser des solutions automatisées...
Despite the ubiquitous nature of cyberspace, territorial jurisdiction remains the most fundamental principle of jurisdiction in the cybercrime context. The objective of this paper is, however, to point out the limits of subjective territorial jurisdiction, one of the two main forms of territoriality, over cybercrimes, and thereby call into question the territorial dogma in the digital age. Subjective...
In the context of European Union standards, our understanding of victims’ protection has to be redefined. Unconditional support for trafficked persons is manifested in EU Directive 2011/36/EU. Yet, both the right to and access to psycho-social counselling, to residence permits and to compensation is hindered through an inconsistent international legal framework. Victims’ rights have to be at the centre...
This paper aims to analyse the main aspects of extradition law in the countries of South America. It also discusses the practice of extradition under Brazilian law, with particular attention paid to the importance of extradition as a mechanism to fight against the phenomenon of corruption in Brazil.
As a classic principle with a logic of its own, there are grounds to apply the speciality rule in relation to the European Investigation Order (EIO). The EU architecture regarding cooperation in criminal matters and the principle of mutual recognition left behind several classic principles, giving way to unparalleled cooperation. Therefore, that rule may no longer suit the EIO.The experience of the...
This article was inspired and is based on a seminar held in Athens in November 2017, under the title ‘The Life cycle of e-evidence: Handling e-evidence in online fraud cases’. This article points out some interesting issues that arose from the above seminar, and focuses especially on the topic of online financial crimes and fraud committed with electronic means of payment. The presented case law comes...
This article deals with the topic of mutual admissibility of evidence in the EU. It presents inability of the forum legit actum principle to overcome problems related to free movement of evidence and points out the ideas that can be undertaken in the future.
UK environmental law has been heavily influenced by EU membership, and Brexit presents both opportunities and challenges to its long-term development. In the immediate future the substance of much of existing EU environmental law will continue to have legal effect in the UK after Brexit under the Government’s policy of ‘roll-over’. But it has become increasingly clear that other features of the EU...
The European Convention on Human Rights as well as the Biomedicine Convention do not give instructions to States on how to regulate end-of-life issues, such as euthanasia and physician assisted dying. The right to life suggests that States should above all protect human life and take steps in case this entitlement is violated. Over the course of the last years, the European Court of Human Rights has...
The entry into force of the Charter of Fundamental Rights has enriched the right to be heard of a new connotation, which is its tight link with the right to good administration. This is an important addition to the already known meaning and relevance of the right to be heard, which was that of being part of the rights of the defence. This new connotation of the right to be heard emerged in a series...
This contribution looks at the legal grounds for data processing (‘when is one allowed to collect and use data on others?’) according to the General Data Protection Regulation (GDPR). It then addresses the specific regime for profiling both by solely automated and non-automated means. What is the most suitable lawful basis for this specific, sometimes controversial kind of processing?The vagueness...
In Stanev, the European Court of Human Rights was able to decide the application without determining whether ‘any placement of a legally incapacitated person in a social care institution constitutes a deprivation of liberty’. Answering this question necessitates distinguishing carefully between loss of autonomy and loss of liberty. Determining the level of restraint in a particular situation involves...
This article considers challenges to state immunity under Article 6 ECHR (the right to a fair trial) in relation to employment disputes. It is argued that the development of the adjudication of these disputes in the ECtHR has been positive for Applicants, with the Court willing to find that state immunity is not a proportionate response in the context of Article 6. However, it is also argued that...
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