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Mutual recognition of freezing and confiscation orders

12-12-2018

In order to respond more effectively to the challenge of criminals and terrorists hiding assets in other Member States, in 2016 the European Commission proposed a regulation on the mutual recognition of freezing and confiscation orders in criminal matters. The directly applicable instrument removes the need for national transposition, broadens the scope of the current rules to cover new types of confiscation and includes provisions on victims' rights to restitution and compensation. In June 2018, ...

In order to respond more effectively to the challenge of criminals and terrorists hiding assets in other Member States, in 2016 the European Commission proposed a regulation on the mutual recognition of freezing and confiscation orders in criminal matters. The directly applicable instrument removes the need for national transposition, broadens the scope of the current rules to cover new types of confiscation and includes provisions on victims' rights to restitution and compensation. In June 2018, provisional agreement was reached in interinstitutional negotiations and the European Parliament voted the agreed text on 4 October 2018. The Council followed suit on 6 November 2018. The final act was signed on 14 November and published in the Official Journal of the EU on 28 November 2018. The regulation will apply 24 months after its entry into force, namely from 19 December 2020. Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

An assessment of the Commission’s proposals on electronic evidence

21-09-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the added value and the shortcomings of the Commission’s proposals on cross-border access to electronic evidence, with a special focus on the proposals’ implications for territoriality and state sovereignty and fundamental rights of service providers and users.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the added value and the shortcomings of the Commission’s proposals on cross-border access to electronic evidence, with a special focus on the proposals’ implications for territoriality and state sovereignty and fundamental rights of service providers and users.

Awtur estern

Prof. Martin BÖSE, Professor, Rheinische Friedrich-Wilhelms-Universität Bonn

European production and preservation orders and the appointment of legal representatives for gathering electronic evidence

13-07-2018

The IA provides a comprehensive description of the problem and the options are clearly linked to the objectives and the problem definition. It would have benefited the analysis if coherence and complementarity between this initiative and other proposed EU legislation would have been further explained. Moreover, stakeholders’ views are mentioned in a rather general way throughout the IA report and also, the problem drivers are not evenly discussed. It is to be noted that the proposed Regulation does ...

The IA provides a comprehensive description of the problem and the options are clearly linked to the objectives and the problem definition. It would have benefited the analysis if coherence and complementarity between this initiative and other proposed EU legislation would have been further explained. Moreover, stakeholders’ views are mentioned in a rather general way throughout the IA report and also, the problem drivers are not evenly discussed. It is to be noted that the proposed Regulation does not entirely follow the IA as it does not include legislative measures on direct access and access to databases, and on the other hand, it includes additional conditions for issuing a European Production Order.

Il-kooperazzjoni ġudizzjarja f'materji kriminali

01-03-2018

Il-kooperazzjoni ġudizzjarja f'materji kriminali hija bbażata fuq il-prinċipju ta' rikonoxximent reċiproku ta' sentenzi u deċiżjonijiet ġudizzjarji u tinkludi miżuri għall-approssimazzjoni tal-liġijiet tal-Istati Membri f'diversi oqsma. It-Trattat ta' Lisbona pprovda bażi aktar soda għall-iżvilupp ta' spazju ta' ġustizzja kriminali, filwaqt li stabilixxa wkoll setgħat ġodda għall-Parlament Ewropew.

Il-kooperazzjoni ġudizzjarja f'materji kriminali hija bbażata fuq il-prinċipju ta' rikonoxximent reċiproku ta' sentenzi u deċiżjonijiet ġudizzjarji u tinkludi miżuri għall-approssimazzjoni tal-liġijiet tal-Istati Membri f'diversi oqsma. It-Trattat ta' Lisbona pprovda bażi aktar soda għall-iżvilupp ta' spazju ta' ġustizzja kriminali, filwaqt li stabilixxa wkoll setgħat ġodda għall-Parlament Ewropew.

Mutual recognition of freezing and confiscation orders

20-06-2017

The IA for the proposed regulation has a number of weaknesses that could be attributed to political urgency and the need for EU action in the area of freezing and confiscation of criminal assets, notably since the recent terrorist attacks in France, Belgium and Germany. Overall, the IA lacks sound data and this is openly recognised throughout the document. In the context of the IA, no public consultation took place and no ex-post evaluation of existing mutual recognition instruments was carried out ...

The IA for the proposed regulation has a number of weaknesses that could be attributed to political urgency and the need for EU action in the area of freezing and confiscation of criminal assets, notably since the recent terrorist attacks in France, Belgium and Germany. Overall, the IA lacks sound data and this is openly recognised throughout the document. In the context of the IA, no public consultation took place and no ex-post evaluation of existing mutual recognition instruments was carried out. The IA does not explain clearly how addressing the deficiencies in the existing EU legislation and its implementation would increase recovery of criminal assets in cross-border cases, as there is a general lack of data in this policy context. As for the options proposed, the IA could perhaps have clarified why sub-options 4a and 4b were discussed jointly, whereas option 3 was presented as a stand-alone option. In addition to this, the regulatory options could have been checked in the light of the principle of subsidiarity. The IA could have explained in more detail what it means by 'harmonised grounds for non-recognition based on fundamental rights', which seem not to have been included in articles 9 and 18 of the proposal. In general, the choice of legal instrument is left outside the scope of the impact analysis and the choice in favour of a regulation seems rather pre-determined. The IA could have addressed the impact of adopting a regulation on those 12 Member States that currently have more restrictive approaches to confiscation. Finally, it could have stated whether stakeholders were consulted on the choice of instrument, and how the preferred option accommodates the divergent views of the stakeholders on the issue of mutual recognition as an alternative to further harmonisation.

Civilian and Military Personnel in CSDP Missions and Operations

16-02-2017

The workshop was organised on January 26, 2017 at the initiative of the Subcommittee on Security and Defence (SEDE) with the aim to highlight trends, challenges and recommendations regarding civilian and military personnel deployed in CSDP missions and operations in particular in the areas of force generation, training and the national follow-up on crimes and offences perpetrated during deployment. Annalisa Creta is research fellow of the Sant’Anna School of Advanced Studies in Italy, specialised ...

The workshop was organised on January 26, 2017 at the initiative of the Subcommittee on Security and Defence (SEDE) with the aim to highlight trends, challenges and recommendations regarding civilian and military personnel deployed in CSDP missions and operations in particular in the areas of force generation, training and the national follow-up on crimes and offences perpetrated during deployment. Annalisa Creta is research fellow of the Sant’Anna School of Advanced Studies in Italy, specialised in civilian crisis management with a particular focus on training issues. Petteri Taitto is affiliated with the Laurea University of Applied Sciences in Finland as principal scientist. Alberto di Martino is full professor of criminal law at the Sant’Anna School of Advanced Studies in Italy.

Awtur estern

Annalisa CRETA, Alberto di MARTINO, Mark NEMEDI (Sant’Anna School of Advanced Studies, Pisa, Italy) and Petteri TAITTO (Laurea University of Applied Sciences, Vantaa, Finland) The paper has been developed under the overall scientific supervision of Andrea de Guttry (DIRPOLIS Institute, Sant’Anna School of Advanced Studies, Pisa, Italy)

Legal aid in criminal proceedings

27-09-2016

The EU is close to taking the final step on the long road to improving citizens’ legal defence rights. The October plenary is due to vote on the compromise agreement reached by co-legislators on the proposed legal aid directive.

The EU is close to taking the final step on the long road to improving citizens’ legal defence rights. The October plenary is due to vote on the compromise agreement reached by co-legislators on the proposed legal aid directive.

Wildlife Crime in the Netherlands

15-03-2016

This analysis on wildlife crime was commissioned by Policy Department A at the request of the Committee on the Environment, Public Health and Food Safety. It gives an overview of the state of wildlife crime in the Netherlands based on available documents and empirical research including interviews. The study identifies main routes and species linked to illegal wildlife trade as well as Dutch efforts to combat wildlife crime.

This analysis on wildlife crime was commissioned by Policy Department A at the request of the Committee on the Environment, Public Health and Food Safety. It gives an overview of the state of wildlife crime in the Netherlands based on available documents and empirical research including interviews. The study identifies main routes and species linked to illegal wildlife trade as well as Dutch efforts to combat wildlife crime.

Awtur estern

Nicolien VAN DER GRIJP

Wildlife Crime in Germany

15-03-2016

This report on wildlife crime in Germany was commissioned by Policy Department A at the request of the Committee on the Environment, Public Health and Food Safety. It gives an overview of the state of wildlife crime in Germany and the efforts undertaken to combat it. It is based on available documents, mainly CITES biennial reports, and empirical research including interviews.

This report on wildlife crime in Germany was commissioned by Policy Department A at the request of the Committee on the Environment, Public Health and Food Safety. It gives an overview of the state of wildlife crime in Germany and the efforts undertaken to combat it. It is based on available documents, mainly CITES biennial reports, and empirical research including interviews.

Awtur estern

Stephan SINA, Christiane GERSTETTER and Katharina KLAAS

Wildlife Crime in Poland

15-03-2016

This analysis on wildlife crime was commissioned by Policy Department A at the request of the Committee on the Environment, Public Health and Food Safety. It gives an overview of the state of wildlife crime in Poland based on available documents and empirical research including interviews. The study identifies main routes and species linked to illegal wildlife trade as well as Polish efforts to combat wildlife crime.

This analysis on wildlife crime was commissioned by Policy Department A at the request of the Committee on the Environment, Public Health and Food Safety. It gives an overview of the state of wildlife crime in Poland based on available documents and empirical research including interviews. The study identifies main routes and species linked to illegal wildlife trade as well as Polish efforts to combat wildlife crime.

Awtur estern

Kamila PAQUEL

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