Editorial
| Published date | 01 September 2023 |
| DOI | http://doi.org/10.1177/20322844231198975 |
| Date | 01 September 2023 |
| Subject Matter | Editorial |
Editorial
New Journal of European Criminal Law
2023, Vol. 14(3) 269–272
© The Author(s) 2023
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DOI: 10.1177/20322844231198975
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Editorial
Keywords
Encrochat, Sky-ECC, EPPO, victims’rights, money laundering, ne bis in idem, conflicts of
jurisdiction, proportionality
The summer is coming to an end, and it is about time for all of us, EU Criminal Law academics and
practitioners, to prepare for the rentr´
ee by diving back into the hot topics of the upcoming Judicial
and Academic Year.
This September issue is an ideal starting point, covering an appealing set of topics: (i) digital and
cross-border evidence; (ii) the European Public Prosecutor’sOffice (‘EPPO’); (iii) the rights of
victims of crime; (iv) ne bis in idem and conflicts of jurisdiction; and (v) proportionality as a tool for
limitation of criminal-law related fundamental rights.
The first topic is covered in a piece by Georgios Sagittae,
1
dealing with the legality of ‘En-
croChat’and ‘Sky-ECC’operations. The author argues that the procedures put in place by the Dutch
authorities in those cases are compliant with Articles 6 and 8 European Convention on Human
Rights (‘ECHR’). This is in direct response to what was argued in a joint statement made by several
EU lawyers and the NGO Fair Trials.
2
Will there be a rebuttal by the defence? The subject is and will
continue to be highly topical, as evidence obtained in the relevant operations continues to travel
through Europe by means of law enforcement and judicial cooperation channels. One of the next
landmarks will be the delivery of the Opinion of Advocate General Capeta in case C-670/22,
expected late October this year.
3
Secondly, this issue includes a piece by Maria Slimani
4
discussing the changes brought
about into the French criminal justice system by the EPPO and the impact these may have on
the role and place of the investigative judge in the French system. She equally addresses the
impact arising from the prerogative given to the European Delegated Prosecutors in France as
to the choice to conduct the investigation under the legal framework of a ‘simple in-
vestigation’or a ‘judicial information’and, consequently, the applicable legal framework of
the rights of the defence. The author notes that the Regulation only refers to limited minimum
1. Sagittae, G. (2023). On the lawfulness of the EncroChat and Sky ECC-operations. New Journal of European Criminal
Law, 14(3). https://doi.org/10.1177/20322844231159576 (accessed 16.08.2023).
2. ‘Open Letter of Concern’(Fair Trials, 18 February 2022), https://www.fairtrials.org/app/uploads/2022/02/EnroChat_
LetterofConcern.pdf (accessed 16.08.2022).
3. See the summary of the request for a preliminary ruling lodged on 24.10.2022 at https://curia.europa.eu/juris/showPdf.
jsf?text=&docid=268449&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=1186753 (accessed
16.08.2022).
4. Slimani, M. (2023). The influence of the European Public Prosecutor’sOffice on French criminal law. New Journal of
European Criminal Law, 14(3). https://doi.org/10.1177/20322844231179866 (accessed 16.08.2023).
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