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The author analyses the contribution Eurojust can make to the successful setting up and operation of JITs by explaining the nature and role of Eurojust, the concept of a JIT, its uniqueness and the opportunities for cross-border co-operation created by JITs in the Member States, as well as the difficulties related to the JIT concept. The author shows how Eurojust can both help to overcome these problems...
The article deals in its first part with the legal framework of the Joint Investigation Team (JIT). Special focus is given to the Framework Decision on Joint Investigation Teams, which is discussed in detail. After giving an overview of other legal instruments dealing with JITs, the second part of the article deals with the political context and the need to implement the Framework Decision in the...
Der Vertrag von Lissabon wird die strafrechtliche Zusammenarbeit in den VAEU – den bisherigen EGV – integrieren. Rechtsetzung im materiellen Strafrecht wird daher im Wege der Gemeinschaftsmethode (Mitentscheidungsverfahren) stattfinden – mit drei Ausnahmen (Initiativrecht auch der Mitgliedstaaten; keine Verordnungen; Verstärkte Zusammenarbeit) – und sollte daher weniger schwerfällig ablaufen als bisher...
The third pillar of the European Union is characterised by a poor judicial protection system. The Treaty of Lisbon overcomes the gaps in Article 35 of the Treaty on European Union, abolishing the distinction between first and third pillar and extending to this third pillar the instruments of protection typical of the first one. However, an attempt to defeat gaps and overcome some of the differences...
The article analyses the current developments at institutional level within the EU criminal justice system. After a brief overview on the rationale and challenges underpinning judicial cooperation in criminal matters, the article focuses on Eurojust and the perspectives for strengthening its role offered by Article 85 TFEU. The reform of Eurojust is scrutinised against the background of another important...
According to the Treaty on European Union (TEU), the mutual recognition principle is the cornerstone of mutual cooperation between judicial authorities in Europe. The few instruments approved since the Lisbon Treaty show an unsystematic extension of the ground for refusal principle, and the existing instruments have been amended only once. The list of offences that may give rise to surrender without...
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...
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