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The e-CODEX system is the digital backbone of EU judicial cooperation in civil and criminal matters. e-CODEX comprises a package of software products that allow the setting up of a network of access points for secure digital communication between courts and between citizens and the courts, while also enabling the secure exchange of judicial documents. The project, which was launched in 2010 with EU grant funding, is managed by a consortium of Member States and other organisations and is coordinated ...

This briefing anlyses the strenghts and weaknesses of the Commission impact assessment (IA) accompanying the proposal to to formally establish the e-CODEX system at EU level and entrust its operational management to the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (EU-LISA). The IA contains a number of important shortcomings that significantly reduce its overall quality.

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, ...

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.

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 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 ...

Judicial cooperation in criminal matters

Informativni članci o EU-u 01-04-2017

Judicial cooperation in criminal matters is based on the principle of mutual recognition of judgments and judicial decisions, and includes measures to approximate the laws of the Member States in several areas. The Treaty of Lisbon has provided a stronger basis for the development of a criminal justice area, while also stipulating new powers for the European Parliament.

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 ...

Legal aid in criminal proceedings

Kratki prikaz 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.

Wildlife Crime in the Netherlands

Detaljna analiza 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.