New Journal of European Criminal Law

Publisher:: Sage Publications, Inc.
Publication date:: 2021-09-06

ISBN:: 2032-2844

Issue Number

No. 15-4, December 2024

Latest documents

Supranational criminal enforcement in the island of Aphrodite: EPPO’s symbiosis with the Attorney General of the Cyprus Republic
This article assesses the application of the EPPO apparatus in the Cypriot legal system and demonstrates its ability to challenge and transform basic constitutional principles of criminal enforcement in the island. The discussion begins with some crucial reflections on the EPPO’s structure and mission in the Union configuration, which contextualise the ensuing narration. That is followed by a succinct analysis of the prevailing principles of the Cyprus investigative and prosecutorial regime, which improves our appreciation of its specificities. Next the most salient aspects of the implementing legislation are thoroughly explored, thus unveiling the conceptual disposition of the Cypriot administration and legislature towards the EPPO transplant. The inquiry proceeds with consideration of the difficulties raised by the EPPO’s cohabitation with the domestic prosecutorial authority. The article concludes with a brief remark on future EPPO related litigation.
Biological and chemical weapons legislation in the EU: A need for harmonisation?
Biological and chemical weapons are a realistic threat for the EU, which requires concerted effort to combat. The EU has sought to be active in this field by incorporating EU-wide export controls and having EU sanctions against individuals suspected of proliferation activities. However, in many regards the national measures of the member states of the EU are still quite divergent when it concerns chemical and biological weapons, especially regarding criminalization. This raises the question of whether continued convergence in this field is necessary. This submission will look at this by discussing the current activities of the EU in this field and contrasting this with the existing legislation in the 27 member states, with a focus on the criminal prohibitions. It will show the gaps that exist within the EU regulation as well as in the national legislation addressing biological and chemical weapons. Art. 83(1) TFEU allows for the harmonization of national criminal legislation in certain circumstances. While chemical and biological weapons cannot fully be captured under any of the existing areas of crime included in Art. 83(1) TFUE, these can be expanded. The existing gaps in the national penal provisions in combination with the EU-wide effects of any potential use or proliferation of chemical and biological agents warrants the expansion of the areas of crime and harmonisation of national criminal law on the basis of Art. 83 TFEU.
Italian environmental criminal law and the European safeguarding requirements (with a glance at the debate on the future crime of ecocide)
The article aims to provide a general overview of Italian environmental criminal law in relation to EU protection standards, evaluating the effectiveness of the sanctions thus conceived. Some final remarks concern the long-debated introduction of a crime of ecocide, which could prove to be a decisive solution to respond to environmental damages of particular magnitude and gravity.
Dark patterns: Can criminal law remedy the shortcomings of antitrust law?
Antitrust laws' remedies to address Big Tech's anticompetitive business models have often been questionable. Since the fundamental design choices of business models pose significant challenges, due to dark patterns, Austrian criminal law may compensate for antitrust laws' enforcement limits. It is argued that Amazon's Prime and BuyBox, Google's Search and its AI Bard, Activision Blizzard's lootboxes, and Engagement Optimised Matchmaking (EOMM) algorithms contain dark patterns that may constitute (commercial) fraud within the meaning of §§ 146, 148 StGB. This is because these business models are designed to deceive consumers to unlawfully enrich Big Tech and video game publishers.
The resurrection of the political offence exception to extradition in UK law
The resurrection of the political offence exception to extradition in UK law would be worthwhile. Once providing protection to persons sought for offences of a political character, the exception was removed from UK law in 2004. A number of factors weigh in favour of its reintroduction. Those relevant at the time of its development in the 19th century have become increasingly relevant again, supporting contemporary considerations. The cases of Julian Assange and Clara Ponsati illustrate the need for reintroduction. A new exception, a ‘constitutionalism bar’, founded upon the rule of law, human rights and democracy could protect the foundations of modern liberal democracies as well as individuals at risk of persecution.
ECtHR Cases July - September 2024
Criminal law principles should be applied in all asset recovery cases throughout the EU
Cross-border access to electronic evidence in criminal matters: The new EU legislation and the consolidation of a paradigm shift in the area of ‘judicial’ cooperation
As the ‘cyber’ element infiltrates a significant part of criminal activity, the significance of accessing electronic evidence has risen to a critical level. The storage of this evidence outside the investigating jurisdiction prompted law enforcement authorities to actively explore avenues for collaboration with private service providers on a voluntary basis. This has resulted in the establishment of an informal channel of cooperation, running parallel to those established through mutual legal assistance and the principle of mutual recognition. The EU legislator has recently formalised this type of cooperation by adopting the Regulation (EU) 2023/1543 on European Production Orders and European Preservation Orders for electronic evidence, along with the Directive (EU) 2023/1544. This article provides a comprehensive overview of the key provisions of this Regulation and reflects critically on the paradigm shift the latter seems to expand with respect to the privatisation of law enforcement tasks.
New challenges and issues for climate protection in European Criminal Law
Climate protection through criminal law is the subject of growing international discussion. The Commission’s 2021 proposal on environmental criminal law and the Council of Europe’s 2023 draft Convention on environmental criminal law contain provisions on climate protection. In addition, new EU Regulations and Directives related to climate protection have been proposed and adopted in recent years. Although the role of environmental criminal law has been limited in the past, the role of environmental criminal law in European criminal law has been receiving increased attention in recent years in response to climate change and the discussion on the introduction of the crime of ecocide into the Rome Statute. This article identifies how the Commission’s proposal and the draft Convention will contribute to climate protection. It then identifies issues with these provisions and areas for future improvement for climate protection.
The non-punishment of human trafficking victims in Europe: A comparative perspective
Human trafficking victims can be subjected, not only to sexual and labour exploitation, but also to the exploitation of criminal activities such as theft or drug production. Besides, due to the nature of trafficking, victims may also face sanctions for their irregular migration status or for the offences committed in an attempt to free themselves. In view of this phenomenon, the Council of Europe Convention on Action against Trafficking in Human Beings, as well as Directive 2011/36/EU, compel member States to take the necessary measures to ensure the non-punishment of trafficked people for their involvement in criminal activities that they have been forced to commit as a consequence of trafficking. Since the approval of these provisions, many countries have adopted diverse policies to fulfil this international duty and prevent human trafficking victims from receiving sanctions. Using a comparative perspective, this paper aims to illustrate and critically evaluate the main challenges regarding the implementation of this clause in Europe. The results underline the persistent need to improve policies focussed on the protection of victims, putting aside punitive logics.