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Údar
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European arrest warrant

19-02-2020

The European Arrest Warrant has led to simplified and faster surrender procedures for suspects and sentenced persons. However, trust in the system needs to be enhanced through proper implementation and further harmonisation of substantive and procedural criminal law.

The European Arrest Warrant has led to simplified and faster surrender procedures for suspects and sentenced persons. However, trust in the system needs to be enhanced through proper implementation and further harmonisation of substantive and procedural criminal law.

Council Framework Decision 2001/413 on combating fraud and counterfeiting of non-cash means of payment

27-11-2017

Council Framework Decision 2001/413 (CFD) on combating fraud and counterfeiting of non-cash means of payment establishes minimum rules concerning the definition of criminal offences and sanctions related to fraud and counterfeiting of non-cash means of payment, as well as the mechanisms for cross-border cooperation and exchange of information. Adopted in 2001, the CFD is now 16 years old. Evidence collected through the Commission’s evaluation and stakeholder consultation confirms the existence of ...

Council Framework Decision 2001/413 (CFD) on combating fraud and counterfeiting of non-cash means of payment establishes minimum rules concerning the definition of criminal offences and sanctions related to fraud and counterfeiting of non-cash means of payment, as well as the mechanisms for cross-border cooperation and exchange of information. Adopted in 2001, the CFD is now 16 years old. Evidence collected through the Commission’s evaluation and stakeholder consultation confirms the existence of significant challenges related to the implementation of the CFD. Overall, it appears that the CFD has not caught up with the technological developments of payment instruments, nor with the increasingly advanced techniques of non-cash fraud. Many Member States have in the meantime updated their respective legal frameworks individually in an effort to respond to these developments. This has resulted in a patchwork of different frameworks within the EU. It has also potentially opened the door to 'forum shopping' (i.e. criminals exploiting the system by moving to those Member States that have more lenient sanctions). The challenges identified include outdated/incomplete definitions, different levels of penalties in Member States, differences in criminalisation of preparatory acts in Member States, difficulties in allocating jurisdiction, under-reporting to law enforcement bodies, etc. The Commission evaluation finds that ‘[a]s a whole, the [CFD] does not appear to have fully met its objectives.’ In the light of the above, in September 2017, the European Commission put forward a proposal for a new directive that would replace the CFD.

Framework Decision 2002/475/JHA on combating terrorism: Implementation Appraisal

04-05-2016

EU-level reports available on the implementation of the Framework Decision on Terrorism suggest that the FD provisions have been implemented in the Member States in a broadly satisfactory way. Several concerns remain, however, notably in relation to the adequacy of the current framework in ensuring prosecutions of individual foreign fighters who are self-motivated and travel by themselves. The changing security situation, and developments on the international stage (adoption of UNSCR 2178 (2014) ...

EU-level reports available on the implementation of the Framework Decision on Terrorism suggest that the FD provisions have been implemented in the Member States in a broadly satisfactory way. Several concerns remain, however, notably in relation to the adequacy of the current framework in ensuring prosecutions of individual foreign fighters who are self-motivated and travel by themselves. The changing security situation, and developments on the international stage (adoption of UNSCR 2178 (2014) and the CoE Additional Protocol), appear to call for amendments to the Framework Decision. The Commission proposal for a new directive would bring EU legislation in line with the provisions of the above-mentioned UN and CoE documents by broadening the scope of criminalised acts to include inter alia travelling abroad for terrorism and receiving training for terrorism. It is important to note in this context that recent reports stress that Member States have to a large degree already introduced further criminal offenses in their legislation, or are in the process of doing so (especially those Member States from which the majority of FFs originate). The proposal would also go further by requiring Member States to ensure that victims of terrorism are offered protection and assistance. The Commission proposal for a new Directive is not accompanied by an impact assessment. The Commission said this was justified by ‘the urgent need to improve the EU framework to increase security in the light of recent terrorist attacks’. As noted earlier, this approach has been met with criticism. The proposal contains a review clause (Article 26(2)) obliging the Commission to assess the impact and added value of the directive four years after the implementation deadline, and to report on this to the Council and the Parliament. It is to be hoped that this ex-post evaluation will address some of the questions that would have been tackled in an impact assessment. In this light, a more precise wording of Article 26(2) may contribute to a genuine evaluation of the proposed directive along the pre-determined criteria.

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