New Journal of European Criminal Law最新文献

{"title":"Special issue: Foreign terrorist fighters: Enhancing the synergies between the EU’s internal and external strategies","authors":"Ali Bounjoua","doi":"10.1177/20322844231178954","DOIUrl":"https://doi.org/10.1177/20322844231178954","url":null,"abstract":"This introduction aims to serve as a reminder of the main steps in the EU’s growing involvement in the topic, showing that there has been a gradual impact on both the EU’s internal and external policies. It also aims to highlight, in particular, two grey areas in law that have an impact on EU policy in the field. On the one hand, a clear and precise definition of the concept of FTF in international law and European law is missing. This absence blurs the line between FTFs and broader or related concepts, such as foreign fighters. It goes without saying that these two questions are particularly acute in the current context of the war in Ukraine and in the context of a growing involvement of the EU institutions in the field of core international crimes and international criminal justice. To conclude, the structure of the special issue entitled “Foreign terrorist fighters: Enhancing the synergies between the EU’s internal and external strategies” will be presented.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131251042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Defending victims of cross-border fraud in the EU – A Portuguese view, including the use of preventive “freezing” of bank accounts under anti-money laundering legislation","authors":"V. C. Ramos, Diogo Pereira Coelho","doi":"10.1177/20322844231173913","DOIUrl":"https://doi.org/10.1177/20322844231173913","url":null,"abstract":"The Article looks into recovering assets for victims of frauds using the financial system to launder proceeds, against the backdrop of two case-examples and the lessons learned by the authors from their practice as lawyers in Portugal. It sets out relevant EU instruments (Section I) and then turns into the main difficulties and obstacles in practice (Section II). Finally, it addresses the use of preventive suspension of banking operations (“SOB”) under AML laws at the service of the interests of the victims of cross-border fraud. It argues albeit these have not been built or designed bearing victims' interests in mind they are essential to the recovery of the proceeds and their return to fraud victims. The authors propose to reflect on improving such mechanisms, namely by guaranteeing that it is possible to make consecutive blockings that follow the trail of the proceeds of the fraud through the various jurisdictions involved; and also on the pertinence of giving an explicit place to the victim in the legal framework that regulates the mechanisms for the prevention of money laundering, namely by facilitating the access of the victims to reporting channels that allow for a quick activation of such mechanisms (Section III). The piece concludes stating that although multiple mechanisms are available to ensure the protection of victims' financial interests in this context, the articulation and definition of the strategy is highly complex, making the intervention of a lawyer essential. In any event, if there is no swift intervention and freezing of the proceeds at the outset of the detection of fraud, it is as a rule impossible to recover victims' assets. It is ironic that in practice such freezing is at best made possible by AML laws that were not designed having victims' interests at the forefront.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"878 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130222650","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The criminalisation of travel as a global paradigm of preventive (In)justice: Lessons from the EU response to ‘foreign terrorist fighters’","authors":"V. Mitsilegas","doi":"10.1177/20322844231171499","DOIUrl":"https://doi.org/10.1177/20322844231171499","url":null,"abstract":"This article aims to evaluate critically the evolution of the preventive paradigm of security law by focusing on the criminalisation and surveillance of mobility which has been labelled as ‘terrorist travel.’ The article will highlight the impact of the political imperative of tackling the phenomenon of ‘foreign terrorist fighters’ on the emergence of a global preventive paradigm of criminalisation of travel. The article will focus on the establishment of a preventive paradigm of criminalisation of travel in EU law, and its interactions with the global governance of counter-terrorism as renewed by the fight against ‘foreign terrorist fighters.’ The first part of the article will focus on the emergence of a multi-level paradigm of criminalisation of ‘terrorist travel’, while the second part will focus on the surveillance of travel through the collection, transfer and analysis of passenger name record (PNR) data. The article will cast light on the role of the political rhetoric on the fight against ‘foreign terrorist fighters’ in the evolution of this paradigm and highlight the challenges that this multi-faceted system of criminalisation and surveillance of travel pose for fundamental rights and the rule of law. A key challenge in this context is the extent to which the European Union is able to uphold its internal fundamental rights and rule of law safeguards in the evolution of a global paradigm of criminalisation of travel.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"215 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116063320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Towards a rights-based approach: victims of violent crime, state-funded compensation and the European Union","authors":"Liam S. O’Driscoll","doi":"10.1177/20322844231171497","DOIUrl":"https://doi.org/10.1177/20322844231171497","url":null,"abstract":"This article examines the legal provision of state compensation for victims of violent crime in the European Union (EU). In examining the provisions of Directive 2004/80/EC relating to compensation to crime victims, this article analyses the historical development of EU competencies in the fields of criminal justice and victims’ rights. Additionally, the legislative history of Directive 2004/80/EC is considered, as is the interpretation given to the provisions of this Directive by the Court of Justice of the EU. It is demonstrated that the scope of protection, offered to victims of violent crime through Directive 2004/80/EC, has been limited and uncertain as a result of this complicated legislative history and inconsistent CJEU interpretation. Furthermore, this article examines developments in the context of EU action in the field of state-funded compensation in light of the adoption of both the Lisbon Treaty in 2009 and the Victims’ Rights Directive in 2012. With the recent development of a genuine rights-based approach to victim support in EU law and policy, this article highlights priorities for legal reform at the EU level in the context of state-funded compensation.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114970022","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The role of Europol and Eurojust in countering the threat of FTFs: An evolving mandate","authors":"Anne Weyembergh, Georgia Theodorakakou","doi":"10.1177/20322844231166359","DOIUrl":"https://doi.org/10.1177/20322844231166359","url":null,"abstract":"Foreign Terrorist Fighters (FTFs) can pose a major security threat to EU Member States as after they return to the EU, they may engage in terrorism-related activities. In order to curb this threat, the EU and the Member States have adopted a multidisciplinary strategy. This article discusses the role that Europol and Eurojust play in supporting Member States in their efforts to combat FTFs effectively, including in their relations with third partners. Their role is particularly necessary in the field of the so-called ‘criminal justice response’, which is one of the core pillars of the holistic approach to address FTFs and consists of investigating and prosecuting crimes allegedly committed by FTFs abroad, including terrorism-related crimes and core international crimes. Aside from the respective role that each agency can play in the fight against FTFs, Europol and Eurojust cooperate closely with each other to scale up the chances of a successful response. Although, both agencies have considerably helped Member States tackle the FTF phenomenon, there are still some challenges which lie in their interagency cooperation when it comes to the collection and use of evidence, and in the lack of cooperation agreements with some significant in the field third partners. Finally, the recent revision of both agencies’ mandate is expected to further enhance the Europol and Eurojust’s capacity in supporting Member States’ efforts to combat FTFs; nevertheless, it raises some concerns as regards the fundamental rights of individuals concerned.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"2 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120970768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Countering extremist ideologies: What are the synergies between the EU’s internal and external action?","authors":"J. Burchett","doi":"10.1177/20322844231164094","DOIUrl":"https://doi.org/10.1177/20322844231164094","url":null,"abstract":"Countering the propaganda of terrorist groups has gradually become a central focus of efforts to prevent terrorism. The aim is ultimately to prevent the dissemination of violent ideas that are likely to encourage a process of radicalisation, which, in turn, is conducive to terrorist action. This objective has attracted more attention given changes in terrorist modus operandi, marked in particular by the use of modern online communication tools to incite/glorify terrorist acts, to provide training for terrorist purposes or to recruit candidates around the world. The EU and its Member States are working on several fronts to tackle the different facets of the ideological allure of extremist groups. This article discusses the fight against extremist ideologies as a new major focus of the EU’s terrorism prevention policy. The aim will be to shed the light on this evolving priority while identifying possible synergies between internal and external efforts to counter extremist propaganda.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125580649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An interpretative analysis of the European ne bis in idem principle through the lens of ECHR, CFR and CISA provisions: Are three streams flowing in the same channel?","authors":"G. Coffey","doi":"10.1177/20322844231160246","DOIUrl":"https://doi.org/10.1177/20322844231160246","url":null,"abstract":"The ne bis in idem principle (procedural defence) proscribes multiple criminal proceedings and punishments for the same criminal offence/conduct, which is predicated on a final verdict of acquittal or conviction by a court of competent jurisdiction. Incorporated as a fundamental human right through Article 4 of Protocol No. 7 annexed to the ECHR and fundamental right safeguarded through Article 50 CFR, the principle is conjoined with the right to free movement of persons through Article 54 CISA. An evaluation of the characteristics, substance, rationale, scope, and limitations associated with the autonomous procedural defence reveals corresponding purposes. CJEU and ECtHR jurisprudence have delineated the scope and limitations of the procedural defence and the two European courts have reciprocally influenced their respective case law. Definitive and practical judicial guidelines on the application of the principle facilitate consistency of approach by diverse national legal systems consistent with the principle of legality. The article provides an interpretative analysis of the procedural defence and associated jurisprudence of the two European courts that aim to ensure consistency of approach by national legal systems notwithstanding the applicability of the margin of appreciation and the principle of subsidiarity. The article concludes with an evaluation of the narrow same criminal offence criterion (idem crimen) commensurate with broader proscribed conduct (idem factum) criterion that is pivotal to the application of the procedural defence and evidently the most litigated aspect of the ne bis in idem principle. The main issue causing tensions between the different streams of case law seems to be the question of the combination of distinct types of proceedings (administrative and criminal), and there is a reciprocal influence of the ECHR and CJEU on this issue.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"43 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132359485","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Far-right foreign fighters and Ukraine: A blind spot for the European Union?","authors":"C. Kaunert, Alex Mackenzie, Sarah Léonard","doi":"10.1177/20322844231164089","DOIUrl":"https://doi.org/10.1177/20322844231164089","url":null,"abstract":"Despite the decline of Daesh in the Middle East, the issue of foreign fighters remains relevant to the EU. There is now another major conflict on the EU’s doorstep that has also been drawing in significant numbers of foreign fighters for a few years, namely the Russo-Ukrainian War. This article investigates the phenomenon of far-right foreign fighters travelling from Europe to Ukraine. It makes three main inter-related arguments. First, although far-right extremists travelling to Ukraine constitute only a very small proportion of all the individuals joining the conflict and have turned up in smaller numbers than what had generally been predicted, they represent a security risk to the EU and its Member States for a range of reasons. Second, despite these concerns, it is important not to exaggerate the scale of the presence of far-right foreign fighters in Ukraine, notably because this may play into the hands of the Russian authorities that have described the invasion of Ukraine as a ‘denazification’ mission. Third, whilst fully keeping the previous point in mind, it would nevertheless be in the interest of the EU and its Member States to place the issue of far-right foreign fighters travelling to Ukraine on the policy agenda, even if their number is relatively small. This is particularly important considering the rise of right-wing political violence, the potential for transnationalisation, the current strength of societal discontent in some European states, and the mainstreaming of previously fringe beliefs. A more coordinated approach towards dissuading those at risk of travelling to Ukraine could be developed, alongside preparing for the eventual return of those who have already travelled to the region.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130491336","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On the lawfulness of the EncroChat and Sky ECC-operations","authors":"Georgios Sagittae","doi":"10.1177/20322844231159576","DOIUrl":"https://doi.org/10.1177/20322844231159576","url":null,"abstract":"Over the last years, cryptodatacommunications have become an important piece of evidence in criminal procedures all across the European continent. Especially due to the EncroChat- and Sky-operations, prosecution authorities were able to arrest and charge a large number of suspected criminals that probably would have remained unnoticed without the data acquired. As a result, the legality of the use of EncroChat- and Sky-data is increasingly being disputed in multiple courtrooms in various European countries. This article will therefore dive into European case law relevant in this respect and will on that basis discuss the lawfulness of both operations.","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"193 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123343660","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Editorial: From vision to reality – a prosecution service to protect the EU budget","authors":"K. Ligeti, Georgia Theodorakakou","doi":"10.1177/20322844231165175","DOIUrl":"https://doi.org/10.1177/20322844231165175","url":null,"abstract":"This special issue of the NJECL publishes the papers presented at the international conference entitled ‘EPPO One Year in Action: Towards Resolving Complexity and Bringing Added Value’ that was held in Luxembourg on 31 May and 1 June 2022. The conference was organised by the University of Luxembourg in collaboration with the European Public Prosecutor’s Office (‘EPPO’) and the European Criminal Law Academic Network (ECLAN). It offered an opportunity to assess the EPPO’s work in terms of the adequacy of its legal framework, efficiency and added value. The vision of the European Public Prosecutor’s Office was put forward in 1997 in the ‘Corpus Juris’ study by a group of experts led by Professor Delmas-Marty. She started her introduction to the Corpus Juris by proclaiming ‘eppur si muove’ (i.e., ‘and yet it moves’). Her enthusiasm was for creating a new European judicial body, the European Public Prosecutor, whose work would be based on a harmonised set of EU rules of substantive and procedural criminal law, rendering tangible the concept of an espace judiciaire européen. The vision Delmas-Marty embraced remained just that for almost two decades until, in July 2013, the European Commission finally presented its Proposal to establish the EPPO. After several years of intense negotiations and many compromises, the final text establishing the EPPO was approved on 12 October 2017 with the adoption of EU Regulation 2017/1939 by the Council (‘EPPO Regulation’). It entered into force on 20 November 2017. Currently, with the exception of Denmark, Hungary, Ireland, Poland and Sweden, 22 Member States participate in enhanced cooperation on the EPPO. The EPPO is the public prosecution office of the European Union, which is responsible for investigating, prosecuting and bringing to judgment perpetrators of crimes affecting the Union’s financial interests set out in Directive (EU) 2017/1371 (‘PIF Directive’). The EPPO Regulation represents a ground-breaking change in developing the EU criminal justice area: instead of relying on cooperation among national judicial authorities, the EPPO Regulation institutes genuine EU powers of investigation and prosecution in the Area of Freedom, Security and Justice (‘AFSJ’). The EPPO became operational on 1 June 2021; as of this writing, it has almost 4,000 cases on the docket and has opened over 929 investigations involving estimated damages of over €5 billion to the","PeriodicalId":448100,"journal":{"name":"New Journal of European Criminal Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114406714","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}