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Policy Departments' Monthly Highlights - October 2018

01-10-2018

The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

The Protection of the Procedural Rights of Persons Concerned by OLAF Administrative Investigations and the Admissibility of OLAF Final Reports as Criminal Evidence

06-07-2017

This paper provides an analysis of two crucial and interconnected aspects of the current legal framework on the investigations conducted by the European Anti-Fraud Office (OLAF): the procedural safeguards for the individuals subject to the administrative investigations conducted by OLAF and the admissibility in evidence of OLAF Final Reports in national criminal proceedings. The state of the art and its shortcomings are analysed in the double perspective of the coherent protection of the EU’s financial ...

This paper provides an analysis of two crucial and interconnected aspects of the current legal framework on the investigations conducted by the European Anti-Fraud Office (OLAF): the procedural safeguards for the individuals subject to the administrative investigations conducted by OLAF and the admissibility in evidence of OLAF Final Reports in national criminal proceedings. The state of the art and its shortcomings are analysed in the double perspective of the coherent protection of the EU’s financial interests and of the respect of fundamental rights provided by the EU Charter of Fundamental Rights.

Autor extern

Katalin Ligeti

The future cooperation between OLAF and the European Public Prosecutor's Office (EPPO)

05-07-2017

This paper, commissioned by the European Parliament’s Policy Department for Budgetary Affairs, at the request of the Committee on Budgetary Control, analyses the future cooperation between OLAF and the EPPO, two bodies specialised in the protection of the Union’s financial interests. Three main dimensions of their cooperation are analysed, as well as elements of complexity that may influence it. The paper highlights elements essential for their close cooperation and complementarity, especially considering ...

This paper, commissioned by the European Parliament’s Policy Department for Budgetary Affairs, at the request of the Committee on Budgetary Control, analyses the future cooperation between OLAF and the EPPO, two bodies specialised in the protection of the Union’s financial interests. Three main dimensions of their cooperation are analysed, as well as elements of complexity that may influence it. The paper highlights elements essential for their close cooperation and complementarity, especially considering a potential revision of OLAF’s legal framework.

Autor extern

Prof. Anne WEYEMBERGH, Dr. Chloé BRIERE

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.

Autor extern

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)

Procedural safeguards for children suspected or accused in criminal proceedings

01-03-2016

In 2013 the Commission proposed a directive protecting the rights of children in criminal proceedings, following the 2009 Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings, as well as the 2011 EU Agenda for the Rights of the Child.

In 2013 the Commission proposed a directive protecting the rights of children in criminal proceedings, following the 2009 Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings, as well as the 2011 EU Agenda for the Rights of the Child.

Strengthening the presumption of innocence in the EU

11-01-2016

Despite the presumption of innocence being guaranteed by international, EU and national laws, there are reports of repeated violations of this principle by EU Member States. The Commission seeks to address this problem with a proposal scheduled to be voted in plenary in January 2016.

Despite the presumption of innocence being guaranteed by international, EU and national laws, there are reports of repeated violations of this principle by EU Member States. The Commission seeks to address this problem with a proposal scheduled to be voted in plenary in January 2016.

Strengthening Aspects of the Presumption of Innocence and the Right to be Present at Trial in Criminal Proceedings: Initial Appraisal of the Commission's Impact Assessment

14-03-2014

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment accompanying its Proposal for a Directive on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings (COM (2013) 821), which was transmitted in November 2013. It analyses whether the principal criteria laid down in the Commission’s own Impact Assessment Guidelines, as well as additional factors identified ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment accompanying its Proposal for a Directive on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings (COM (2013) 821), which was transmitted in November 2013. It analyses whether the principal criteria laid down in the Commission’s own Impact Assessment Guidelines, as well as additional factors identified by the Parliament in its Impact Assessment Handbook, appear to be met by the IA. It does not attempt to deal with the substance of the proposal. It is drafted for informational and background purposes to assist the relevant parliamentary committee and Members more widely in their work.

Legal Aid for Suspects or Accused Persons in Criminal Proceedings: Initial Appraisal of the Commission's Impact Assessment

07-03-2014

This briefing seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment accompanying its proposal for a Directive of the European Parliament and of the Council on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European Arrest Warrant Proceedings (COM (2013) 824), submitted on 27 November 2013. This proposal is part of the 2009 Roadmap on Procedural Rights (‘the Roadmap’) aiming at strengthening the ...

This briefing seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment accompanying its proposal for a Directive of the European Parliament and of the Council on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European Arrest Warrant Proceedings (COM (2013) 824), submitted on 27 November 2013. This proposal is part of the 2009 Roadmap on Procedural Rights (‘the Roadmap’) aiming at strengthening the rights of suspects and accused persons by setting common minimum standards on fair trial rights. It analyses whether the principal criteria laid down in the Commission’s own Impact Assessment Guidelines, as well as additional factors identified by the Parliament in its Impact Assessment Handbook, appear to be met by the IA. It does not attempt to deal with the substance of the proposal. It is drafted for informational and background purposes to assist the relevant parliamentary committee and Members more widely in their work.

Procedural Safeguards for Children in Criminal Proceedings: Initial Appraisal of the Commission's Impact Assessment

14-02-2014

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment accompanying the Commission's proposal for a Directive on procedural safeguards for children suspected or accused in criminal proceedings (COM (2013) 822 final), which was transmitted on 28 November 2013. It analyses whether the principal criteria laid down in the Commission’s own Impact Assessment Guidelines, as well as additional factors identified by the Parliament in ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment accompanying the Commission's proposal for a Directive on procedural safeguards for children suspected or accused in criminal proceedings (COM (2013) 822 final), which was transmitted on 28 November 2013. It analyses whether the principal criteria laid down in the Commission’s own Impact Assessment Guidelines, as well as additional factors identified by the Parliament in its Impact Assessment Handbook, appear to be met by the IA. It does not attempt to deal with the substance of the proposal. It is drafted for informational and background purposes to assist the relevant parliamentary committee and Members more widely in their work.

Developing a Criminal Justice Area in the European Union

15-01-2014

This study addresses the development of an EU criminal justice area. By exploring key concepts and features of criminal processes in comparative perspective, it seeks to provide ideas for such an area. Because the situation in the member states is diverse, independent concepts guided by the study findings are explored.

This study addresses the development of an EU criminal justice area. By exploring key concepts and features of criminal processes in comparative perspective, it seeks to provide ideas for such an area. Because the situation in the member states is diverse, independent concepts guided by the study findings are explored.

Autor extern

Marianne L. Wade (Institute of Judicial Administration, University of Birmingham, the UK, in association with the Institut für Migrations- und Sicherheitsstudien, Berlin, Germany)

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