bluuebunny/crossref_metadata_2025 huggingface dataset:
The Australian Conversion: How the Case for Cartel Criminalisation Was Made
Authors: Beaton-Wells Caron , Haines Fiona
Published: March 2017

The phenomenon of cartel criminalisation provides a window on dynamics in society at large. In particular, it exemplifies the political risk that governments face in wrestling with conflicting economic and social imperatives. This article uses the experience in Australia to demonstrate how the political risk inherent in cartel criminalisation may be overcome. Alive to public ambivalence over neoliberal market-based reforms, the Australian competition authority and government downplayed the economic rationale for cartel criminalisation and capitalised instead on the public's need for certainty and security in the social order. This was done by playing up the role of the government as protector of the economy, exploiting public scepticism towards globalisation and distrust of big business and invoking populist egalitarian sentiment. The strategy has been effective in the short term. However, challenges still loom in the enforcement of the cartel regime that may yet expose the fallacies in the case that was made for criminalisation.
Liability of Entities in Italy: Was it Not Societas Delinquere Non Potest?
Authors: di Sant'Orsola Fabrizio Cugia , Giampaolo Silvia
Published: March 2017

The scope of this article is to provide a general overview of the Italian legislation related to administrative liability of legal entities for infringements falling into the list of crimes included in Legislative Decree no. 231 of 8 June 2001. The article introduces the fundamental principles of the newly identified “administrative responsibility” of the entity for crimes committed in its interest by top managers of such entities, and analyses the most relevant case law related to the first applications of the Decree. In addition, the article provides a general analysis of the Organizational Model and the Supervisory Board envisaged by the Decree, and deemed as necessary to avoid the triggering of an automatic administrative responsibility of the entity involved, moving into the major interpretations on how and to what extent responsibility may objectively be avoided. Ultimately, the article defines the current state of interpretations, and the administrative sanctions that may be applied to entities for crimes committed by managers in violation of the provisions set out by the Legislative Decree no. 231 of 8 June 2001.
The European Arrest Warrant: The Role of Judges When Human Rights are at Risk
Authors: Heard Catherine , Mansell Daniel
Published: March 2017

This article examines the role of the judiciary in protecting fundamental rights in European extradition cases, in particular the impact of the European Court of Human Rights' decision in Mss v Belgium and Greece.
Terror Financing — Asset Freezing, Human Rights and the European Legal Order
Authors: Vestergaard Jørn
Published: March 2017

This article discusses the implications of the UN Security Council's asset freezing regime on the EU legal order and on the rights of targeted individuals and entities.
The Legal Framework of Olaf Investigations: What Lessons for the European Penal Area?
Authors: Covolo Valentina
Published: March 2017

This article analyses the legal framework of OLAF's investigations with the aim of identifying issues that the regulation of supranational law enforcement authorities raise.
Too Many Cooks Spoiling the Broth: Parallel Administrative/Criminal Law Enforcement against ‘Hard Core’ Cartels in Slovenia
Authors: Jager Matjaž
Published: March 2017

In Slovenia the parallel administrative/criminal law enforcement against hard core cartels has existed since the mid-1970s. But this dual regime existed in statute only; practice ignored the legally demanded priority of criminal procedure and enforced only the administrative law governing illegal cartels. Even the legislator silently paid tribute to this unwritten law of praxis and recently transplanted an American-style leniency programme into administrative procedure only. Realizing the problem, it is now proposed to introduce leniency into criminal procedure as well. But this criminal leniency is worded too vaguely and does not offer sufficient guarantees. We end up with two uncoordinated schemes where the less structured and predictable ought to have priority over the much more elaborate one introduced in administrative law. For the sake of clarity, consistency and predictability the best solution is to decriminalize hard core cartels. In this way the legislator would resolve all problems created by the parallel regime and at least in theory makes the leniency programme more attractive and thus more effective.
Update on Decisions of the European Court of Human Rights Affecting Criminal Law/Criminal Procedure
Authors: Lang Richard , Qari Marwa
Published: March 2017

For ease of reading, certain cases have been omitted from this summary. They are cases solely concerning the length of proceedings, cases solely concerning the presence of a military judge on the bench, cases solely concerning the censorship of letters, and other ‘repetitive’ or ‘recurrent’ cases which disclose no new point of law.
Cartels in Russia: Fight Chronicles
Authors: Kremyanskaya Elena A.
Published: March 2017

The author describes development of Russian competition and criminal law in the context of cartel regulations, discusses known cases and analyses further perspectives in this area, following the passing of the “Third Antimonopoly Package”, signed by President Medvedev on the 5th of December 2011.
Update on Decisions of the European Court of Human Rights Affecting Criminal Law/Criminal Procedure
Authors: Lang Richard , Bangura Zainab A
Published: March 2017

For ease of reading, certain cases have been omitted from this summary. They are cases solely concerning the length of proceedings, cases solely concerning the presence of a military judge on the bench, cases solely concerning the censorship of letters, and other “repetitive” or “recurrent” cases which disclose no new point of law.
European Legal Interpreters and Translators Association (EULITA)
Authors: Katschinka Liese
Published: March 2017

The European Legal Interpreters and Translators Association (EULITA) was established in 2009 to represent the interests of the legal interpreting and translation profession. This article describes the short history of EULITA, its structure and activities, focusing especially on an EU project (TRAFUT = Training for the Future) that aims to support EU Member States in the transposition of the EU Directive on the right to interpretation and translation in criminal proceedings.
Implementing Action against Trafficking of Human Beings under the TFEU: A Preliminary Analysis
Authors: Obokata Tom , Payne Brian
Published: March 2017

This article examines the extent to which the European Union and its Member States have been able to implement so-called 3P obligations (prosecution, protection and prevention) in relation to trafficking of human beings under the Treaty on the Functioning of the European Union (TFEU), with particular reference to the new EU Directive adopted in 2011. A detailed analysis of relevant provisions will be presented in comparison with its predecessor, the Framework Decision on Human Trafficking 2002, adopted under the TEU. The main conclusion reached is that, although a number of improvements have been made to fulfil 3P obligations, a wide margin of discretion, the principle of State sovereignty as well as other issues such as enlargement and restrictive immigration policies might prevent the EU and its Member States from advancing effective action against this crime.
The New European Commission Anti-Corruption Package: Towards a More Efficient Fight against Corruption?
Authors: Taseva Emilija
Published: March 2017

With the new Anticorruption package introduced by the European Commission in June 2011, measures to address more vigorously the serious harm inflicted on the EU by corruption have been announced. Efforts to tackle corruption by the EU and the international community are nothing new. The package is a continuation of the previous modest actions for addressing corruption in EU internal and external policies coming as a response to increasing financial loss due to corruption in the EU and citizens' decreasing confidence in the capacity of national and EU institutions to fight this problem. Among the package's proposed measures, the main novelty is the Anticorruption report, which will be published for the first time in 2013 and will assess EU Member States' efforts in the field of corruption. In view of the renewed commitment to fight corruption in EU and the new important tool introduced to monitor corruption in EU there is a clear need to explore whether the proposed actions mitigate the weaknesses of the previous frameworks and cope efficiently with the problem of corruption. The analysis suggests further measures to be adopted to address the major challenges: ensuring political will and improving enforcement of EU anticorruption policy.
Behind the Scenes in the Negotiation of EU Criminal Justice Legislation
Authors: Nowell-Smith Harriet
Published: March 2017

This paper addresses the ways in which the Lisbon Treaty changed the nature of EU criminal law and how those changes affected the negotiation and drafting of EU criminal law. Comparing two proposals by the Commission (on child sexual exploitation and rights of victims of crime) with the versions agreed by the Member States in the Council and with the final directives reveals the priorities of the institutions and how the Member States expect EU criminal law to work within their domestic regimes.
Testing the Principle of Subsidiarity in EU Criminal Policy: The Omitted Exercise in the Recent EU Documents on Principles for Substantive European Criminal Law
Authors: De Hert Paul , Wieczorek Irene
Published: March 2017

In their recent European criminal policy documents, the Institutions have highlighted the relevance of subsidiarity for European criminal law. In this paper we demonstrate that such principle, in its current institutional understanding, cannot adequately address issues related to the distribution of criminalisation powers between the EU and the Member States. Article 5(3) TEU describes subsidiarity as an efficiency based-criterion aimed at tackling technical competence-exercise issues (instrumental subsidiarity). Such a restricted perspective is not desirable for the penal field. As a matter of fact, when shifting criminal issues up to the Brussels agenda, aspects related to democracy, legitimacy, internal coherence of the criminal law system, and risks of hyper-repressive developments must also be considered along with efficiency concerns. Moreover, such interpretation cuts off from the discussion all normative competence-attribution issues (substantive subsidiarity), which are raised by the most relevant criminal law provisions, such as Article 83(1) TFEU and Article 83(2) TFEU.
European Public Prosecutor's Office — Cui Bono?
Authors: Hamran Ladislav , Szabova Eva
Published: March 2017

The establishment of a European Public Prosecutor's Office could be described as one of the most topical issues currently under discussion in the European Union. The authors present a comprehensive interpretation of the problem areas most widely discussed in relation to the establishment of an EPPO. The contribution is divided into two parts. For the sake of completeness, the authors provide a description of the events preceding the enshrinement of this concept in the Lisbon Treaty. The second part of the paper is focused on the main problem areas that need to be resolved not only from a practical perspective, but also in order to achieve the greatest possible agreement between the individual Member States.
Resolving Conflicts of Jurisdiction in Criminal Proceedings: Interpreting Ne Bis in Idem in Conjunction with the Principle of Complementarity
Authors: Coffey Gerard
Published: March 2017

The manner of establishing criminal jurisdiction by domestic courts of competent criminal jurisdiction presents the most important aspect of the relation between states and international tribunals. The analyses of the jurisprudence of international courts and tribunals pertaining to the principle ne bis in idem has resulted in the conclusion that this principle can be fully understood and applied in conjunction with the principle of complementarity.
Onward Transfer under the European Arrest Warrant: Is the EU Moving towards the Free Movement of Prisoners?
Authors: Miettinen Samuli
Published: March 2017

Neither the European Arrest Warrant Framework Decision (EAW FD) nor its predecessors provide clear rules on which authorities retain control over the onward transfer of surrendered suspects. In the West judgment, the Court of Justice resolved this question by limiting the originating state's powers of control in successive surrender proceedings. This article examines onward transfer rules in the EAW FD and preceding European instruments. It considers the ruling in West and its implications for the EU system of surrender. A new right not to be transferred appears to be emerging as a general principle of EU law. If accepted as a general principle, the right not to be transferred will provide genuine added value beyond existing human rights instruments and defence rights legislation.
Rights of Victims of Crime: Tensions between an Integrated Approach and a Limited Legal Basis for Harmonisation
Authors: Letschert Rianne , Rijken Conny
Published: March 2017

In this article an assessment is made of the potential contribution of the recently adopted Directive on the Rights of Crime Victims and the Directive on Trafficking in Human Beings to improving the position of victims of crime in general and victims of human trafficking in particular. Both legal acts aim to guarantee a comprehensive protection of victims of crime by multi-disciplinary action both at EU and national levels. Such an integrated approach is to be advocated. However, the question arises whether the EU is well equipped to take such action. Based on a critical analysis of the institutional changes in the Area of Freedom, Security and Justice with the adoption of the Treaty of Lisbon, the lack of implementation of EU legislative instruments in this particular area and the future EU accession to the ECHR, a tension between the new legal framework and the ambitious goals of the EU in relation to victim rights is identified.
The Catalysing Effect of Serious Crime on the Use of Surveillance Technologies for Prevention and Investigation Purposes
Authors: Cocq Céline , Galli Francesca
Published: March 2017

This article conducts a comparative critical study of the development in the use of surveillance technologies for the prevention and investigation of serious crime within three selected national jurisdictions – France, Italy and the United Kingdom. It tests the existence of a perilous double shift: (a) surveillance technologies introduced in relation to serious crime are increasingly used for the purpose of preventing and investigating ‘minor’ offences; at the same time, surveillance technologies originally used for public order purposes in relation to minor offences are now increasingly affected to the prevention and investigation of serious crime; (b) means at the disposal of each actor (intelligence and law enforcement agencies) for the prevention and investigation of serious crime are evolving so that the share of tasks and competences has become blurred. Two surveillance technologies are selected as case studies: the interception of telecommunications and video-surveillance. The human rights dimension – most importantly, the right to privacy and the principle of proportionality, which are at stake in this context – constitutes the normative background of the present work.
Fundamental Rights in the European Legal Order, Both as a Limit on Punitive Power and as a Source of Positive Obligations to Criminalise
Authors: Maugeri Anna Maria
Published: March 2017

This article examines, first of all, the role of fundamental rights in the evolution of European law through the interpretation of the ECtHR (above all in the so-called ‘pilot’ judgments) and the CJEU, and, secondly, how the recognition of fundamental rights by the European Courts influences and harmonises the domestic legal orders, particularly in the field of criminal law.

Viewed in this way, fundamental rights assume a double function: on the one hand as a limit on the punitive power of the State, and on the other hand as a source of positive obligation to criminalise in order to guarantee their protection. It is argued that the principle of proportionality represents the criterion used by the European Courts to evaluate the respect of fundamental rights within European and national legislation, in particular on the imposition of punitive sanctions, as provided for by Article 49(3) of the Nice Charter.
Data Mining and Profiling in the Area of Freedom, Security and Justice: State of Play and New Challenges in the Balance between Security and Fundamental Rights Protection
Authors: Sicurella Rosaria , Scalia Valeria
Published: March 2017

This article analyses the impact of the use of data processing mechanisms (i.e. data mining and profiling) as investigative tools on the fundamental rights of individuals. It highlights the pressing need to achieve a fair balance between social security and individual's freedoms when data processing mechanisms are used in criminal investigations, providing for a set of limits to ensure the necessary protection of fundamental rights of individuals, without frustrating investigation exigencies. In this respect, the article examines the current EU legislation and the new proposals under discussion concerning the protection of privacy and data protection at the EU level, the relevant case law of the European Courts (CJEU and EctHR) and the general tendencies in the Member States' legislation, in order to build up an ‘integrated table’ of constraints, particularly useful for the European legislator in the adoption of common legislation at the EU level.

The article also stresses the crucial role of the CJEU in achieving the above mentioned balance between investigation needs and individuals' rights protection, especially after the entry into force of the Lisbon Treaty and the explicit recognition of the binding nature of the Charter of fundamental rights of the European Union providing for an express provision on data protection. The authors nevertheless point out the remaining prominent role of the ECtHR in protecting fundamental rights at the supranational level, because of some persisting limitations to the competence of the CJEU in AFSJ matters, and the perspective of enhancement of fundamental rights protection at EU level following future EU accession to ECHR.
Suicide in Detention in the Light of the Human Rights Convention
Authors: Thoonen Eveline , Duijst Wilma
Published: March 2017

The European Court of Human Rights has derived several obligations from the European Convention for the Protection of Human Rights and Fundamental Freedoms with regard to suicide prevention among detainees and the investigation after a suicide has occurred in detention. We performed a study on case files on suicides in detention. In this article, we present a part of the results of this study in the light of the requirements arising from the European Convention.
The Principle of Proportionality under the European Arrest Warrant — With an Excursus on Poland
Authors: Ostropolski Tomasz
Published: March 2017

This article discusses the principle of proportionality in the context of the European Arrest Warrant (EAW). It has been asserted that the EAW became a victim of its own success, and currently serves all too often as a tool to prosecute minor crimes, rather than repress serious transnational criminality. The author subjects these statements to a critical analysis. The requirement of proportionality of EAW is hard to justify under the current Treaty provisions, as well as provisions of the Framework Decision 2002/584. The Court of Justice also does not come up with clear guidelines in this context. The principle of mutual recognition, as well as the principle of legality, may also conflict with the attempts to require a proportionality check, especially if it were to be made by the executing state. However, the call to handle this problem through practical, rather than legislative means has not been entirely successful so far. In effect, some national courts have taken the initiative to determine in practice a possible scope of refusal based on the lack of proportionality. The example of Poland is discussed in more detail through demonstrating a legal and social background, as well as practical and legislative measures recently taken. The author notes that re-opening negotiations on the EAW is still considered a “Pandora's box” in the EU, although it is not unlikely that this file will be put forward again in the future.
A Short Note on the Development of the Criminal Justice System after the Accession of Crimea and Sevastopol to the Russian Federation
Authors: Kremyanskaya Elena A.
Published: March 2017

In March 2014, when Crimea and Sevastopol changed territorial sovereignty and were assumed into the Russian Federation much changed in the life of Crimea and Sevastopol. The process of unification means changes in all areas of life – economical, legal, political, financial, but the change to new laws is a matter of critical importance for most inhabitants of the territory. The entire legal system has changed which is difficult enough in itself but above all the change of criminal law has become especially important. The author reviews the accession procedure, the legal regulations during the transitional period and identifies the issue arising, or some of them.
EU Criminal Policy at a Crossroads between Effectiveness and Traditional Restraints for the Use of Criminal Law
Authors: Huomo-Kettunen Merita
Published: March 2017

The article studies EU criminal policy from a constitutional perspective. Since all EU secondary law measures must be founded on a legal basis – on a specific provision of the Union's constitution – EU criminal policy is also a constitutional matter in this sense. Initially, the article clarifies what EU criminal policy is, putting it into a broader context presenting it as a public policy issue in a multi-level constitutional framework. Secondly, the article demonstrates the key elements of EU criminal policy. The article answers the questions of what the interrelationship between the choice of legal basis and the EU criminalisation principles is and whether the EU criminalisation principles are effective in terms of limiting the use of EU-level criminal law.
Effective and Legitimate?: Learning from the Lessons of 10 Years of Practice with the European Arrest Warrant
Authors: Marin Luisa
Published: March 2017

The article examines the European Arrest Warrant (EAW) and the issues which have emerged in its first 10 years of practice. After a first section explaining the choice for the principle of mutual recognition as expression of effectiveness and subsidiarity in judicial cooperation in criminal matters, the articles discusses questions such as (ab)uses of the EAW as a mutual legal assistance instrument, the question of petty crimes and the proportionality test, the relation between mutual trust, fundamental rights and judicial review, and, lastly, nationality and residence clauses. It concludes on the importance of addressing these issues in the appropriate legal setting, be it legislative or judicial, with the aim of strengthening the effectiveness and legitimacy of the EAW.
From Overcriminalisation to Decriminalisation: The Many Faces of Effectiveness in European Criminal Law
Authors: Mitsilegas Valsamis
Published: March 2017

The article will highlight the many faces of effectiveness in EU substantive criminal law. It will start by examining instances where the application of the principle of effectiveness may lead to overcriminalisation. Subsequently however, the article will demonstrate that overcriminalisation is not a one-way street in this context and analyse instances whereby the application of the principle of effectiveness in European criminal law may lead to decriminalisation. The article will conclude by looking at the future of effectiveness in EU criminal law post-Lisbon, when the principle of effectiveness is construed in conformity with the protection of fundamental rights as enshrined in the EU Charter of Fundamental Rights.
Criminal Conduct and Lack of Integration into the Society under EU Citizenship: This Marriage is Not to Be Performed
Authors: Mancano Leandro
Published: March 2017

This paper presents three possible scenarios of interaction between criminal law (and detention in particular) and EU citizenship. The first scenario focuses on the actual relationship between EU criminal law and EU citizenship. The second scenario looks at the potential interactions between two relevant Framework Decisions – that on Transfer of Prisoners and that on Probation measures – and the EU Citizenship Directive. Finally, the third scenario revolves around the influence of national criminal law on EU citizenship. Such interactions are subject to an in-depth analysis, and I hone in on two recent decisions of the Court of Justice of the European Union, namely Onuekwere and M.G. By framing these judgments in a wider context of CJEU case-law, I try to find out how the Court is approaching the mutual influence between EU citizenship and criminal law. The conclusions reveal why this case law is used by the Court to enhance mutual trust, which is the most significant foundation of European criminal law.
Conflicts of Jurisdiction in Cross-Border Criminal Cases in the Area of Freedom, Security, and Justice: Risks and Opportunities from an Individual Rights-Oriented Perspective
Authors: Thorhauer Nathalie Isabelle
Published: March 2017

The growing internationalisation of crime and criminal justice as well as states' ambitions to expand their prosecutorial powers beyond their own territory constantly increase the occurrence of conflicts of jurisdiction. With regard to the significant consequences conflicts of jurisdiction might entail especially for individuals, this status quo is particularly precarious within the European Union, which grants to its citizens an area of freedom, security, and justice (AFSJ). This article shows that normative requirements at EU level, common values, constitutional guarantees, and fundamental legal concepts inherent in the ECHR, the EU Charter of Fundamental Rights (CFR) as well as the TFEU, reveal the urgent need for legal certainty. This requires an EU-wide consensus to cut back extensive national prosecutorial powers, to elaborate unequivocal legal provisions in order to prevent colliding claims of jurisdiction in the first place, and – for remaining conflicts – to establish a solid, enforceable legal mechanism for forum choice.
The Cjeu as a Defender of Mutual Trust
Authors: Ostropolski Tomasz
Published: March 2017

Even if mutual trust is considered to be the cornerstone of judicial cooperation in criminal matters, it still lacks an explicit normative basis. Therefore, it required consolidation in judicial practice. The present article looks into the position that the CJEU has taken in relation to mutual trust, consecutively in the context of the ne bis in idem rule, in a mutual recognition setting, and finally in its recent Opinion 2/13 on EU accession to the ECHR, where mutual trust was exposed as one of the key specificities of EU law. The author argues that the Court may have become the strongest fortress of defence of mutual trust in spite of the crisis lingering around this concept.
Directive 2014/42/EU and Social Reuse of Confiscated Assets in the EU: Advancing a Culture of Legality
Authors: Montaldo Stefano
Published: March 2017

The article considers the EU legal framework on the disposal of confiscated assets and instrumentalities of crime, mainly focusing on their reuse for social purposes. Directive 2014/42/EU reinforces the tools for tracing and recovering the proceeds and instrumentalities of crime. However, the Directive shows that confiscation orders are no longer regarded solely as means of depriving criminal organizations of their resources. In fact, Article 10, par. 3, urges national legislators to consider the adoption of any necessary measure in order to allow for the reuse in the public interest or for social purposes of confiscated assets. This new approach can foster a positive attitude to strategies aimed at tackling crime, in particular fostering a culture of legality, helping to prevent criminal activities and supporting economic and social development at local level. The destination of confiscated assets for social reuse is an existing option in many national legal orders, but it is often considered a last resort or a residual solution. Moreover, the Directive does not bind the Member States to implement common EU standards on this matter, so that the road to a fully effective maximization of the value of confiscated assets is still long.
Directive 2014/42/EU and Non-Conviction Based Confiscation: A Step Forward on Asset Recovery?
Authors: Simonato Michele
Published: March 2017

Depriving criminals of the control over the proceeds of crime has for several reasons become a priority on the national and international agenda. In the last decade, the European Union has adopted several legal instruments on asset recovery. However, due to their scarce success, the EU policy makers recently endeavoured to improve the legal framework: their efforts led to the recent Directive 2014/42/EU on the freezing and confiscation of proceeds of crime in the EU of 3 April 2014.

One aspect is central in the debate on asset recovery: the possibility to introduce common rules on ‘non-conviction based confiscation’, i.e. confiscation orders independent from a prior conviction. This was much discussed during the legislative process for the adoption of the Directive, from which it eventually emerged containing a provision with a limited scope.

This article elucidates the approach of the EU to fostering non-conviction based confiscation in the Member States, aiming to assess the potential impact of the non-conviction based confiscation provision in the Directive on the asset recovery process, and its compliance with fundamental rights.
Mutual Recognition in Civil Law Cooperation: The Case of Child Abduction — Some General Remarks in the Light of the Jurisprudence of the Cjeu (the Brussels Ii Bis Regulation)
Authors: Larsen Lars Bay
Published: March 2017

Judge Lars Bay Larsen's paper does not focus specifically on criminal law but it is of most instructive in terms of understanding the genesis and difficulties of the principle of mutual recognition based on mutual trust and incidentally it follows neatly on the conference of the European Criminal Bar Association in the Court of Justice on 3 October 2015 where, ably led by Advocate General Sharpston, the same topic was discussed.

The Court is not going to abandon mutual trust for a system arguably more sensitive to fundamental rights. It is for that reason that Judge Bay Larsen's clear message is so important. It is that mutual trust is not blind trust and systemic deficiencies in a given requesting State may not be ignored, but that there is a presumption which should normally apply, that fundamental rights have been respected in the requesting Member State.

The point being, of course, that presumption can be rebutted.
Mutual Recognition Instruments and the Role of the Cjeu: The Grounds for Non-Execution
Authors: Bachmaier Lorena
Published: March 2017

The paper discusses in what way the full jurisdiction in criminal justice cooperation matters – since 1 December 2014 – will affect the work of the ECJ in the field of judicial cooperation in criminal matters. Moreover in the light of the ECJ's recent case law on the European Arrest Warrant the paper analyses how the principle of mutual recognition in criminal matters is being implemented and whether this progress has been at the expense of lowering the level of protection of fundamental rights in criminal proceedings. Such analysis will help to identify what has been the role of the ECJ in the realm of judicial cooperation in criminal matters and what its future role should be: overstressing assumed mutual trust, without strengthening the fundamental rights perspective, may end up in general distrust.
The European Court of Justice: A “Quasi-Constitutional Court” in Criminal Matters? The Taricco Judgment and its Shortcomings
Authors: Billis Emmanouil
Published: March 2017

A main task of the CJEU is to ensure the uniform interpretation and effective application of EU legislation. In the case Taricco and Others, the Court provides for the strengthening of the protection of the financial interests of the EU by emphasising the immediate effect and precedence of primary EU law in criminal matters. At the same time, the CJEU functions as a quasi-constitutional court. It does so by ordering a national court to directly disapply domestic criminal law provisions on limitation periods in a pending case. Legality and legal certainty are at stake here. The judgment of the CJEU indicates, furthermore, the evolution of a “constitutional” relation between the EU judiciary and national criminal courts.
Variable Vulnerabilities? Comparing the Rights of Adult Vulnerable Suspects and Vulnerable Victims under EU Law
Authors: van der Aa Suzan
Published: March 2017

EU instruments regulating the rights of adult vulnerable victims and vulnerable suspects differ in their conceptualisation of ‘vulnerability’. The Victim Directive mainly focuses on persons who are vulnerable to secondary victimisation due to external factors, while vulnerability in the Recommendation on procedural safeguards for vulnerable persons suspected or accused in criminal proceedings hinges on endogenic factors, such as the suspect's mental or physical condition. The aim of the latter instrument is to remedy the suspect's inability to understand and to effectively participate in criminal proceedings. These different conceptualisations have resulted in different guarantees for vulnerable victims and vulnerable suspects. The Recommendation contains provisions that – once adopted in a victims' rights instrument – could considerably strengthen the current protection of vulnerable victims and vice versa. In order to provide for a more comprehensive protection the EU should embrace both perspectives in its dealings with vulnerable persons, regardless of whether they are victims or suspects.
The Concept of Criminal Law in the Opinions of the Advocates General: Justification of Punitive Powers and Human Rights
Authors: Rosanò Alessandro
Published: March 2017

The article deals with the definition of criminal law as developed over the last twenty years in the Opinions presented by Advocates General before the European Court of Justice. Two notions will be identified here. The first is linked to national experiences and the need perceived by every State to protect fundamental national values, as considered in several cases in the nineties and in the first years of the new millennium. The second– now prevailing – is the outcome of the phenomenon of cross-fertilisation between the case law of the European Court of Justice and the European Court of Human Rights, and appears to relate more to the protection of human rights. The article analyses single trials, starting from 1991, and aims at finding reasons why the second notion should be preferred in a legal system such as the European Union in light of its link to the European Convention on Human Rights and the relevance of the protection of fundamental rights in the European Union legal framework.
Victims with Intellectual Disabilities through the Spanish Criminal Justice System
Authors: López Jacobo Cendra , Zapata María Recio , Cafranga Almudena Martorell
Published: March 2017

This research is the result of analysing twenty-nine cases of persons with intellectual disabilities who were victims of some type of mistreatment or abuse and who, after filing a complaint, were processed through the criminal justice system – not always with all the recommended support. The study analyses the experiences of these alleged victims of crime to determine the source and scope of the primary obstacles blocking their access to proper and effective protection under the law, in order to assess Spain's compliance with Directive 2012/29/EU of the European Parliament and the Council of 25 October 2012, which establishes minimum standards for the rights, support, and protection of victims of crime. Based on the report's conclusions, the authors formulate a number of recommendations for lawmakers.
Punitive Administrative Sanctions and Procedural Safeguards: A Blurred Picture That Needs to Be Addressed
Authors: Weyembergh Anne , Joncheray Nicolas
Published: March 2017

In order to ensure effectiveness of European Union law, the legislator progressively introduced punitive sanctions in various fields of administrative law. If the definition of punitive administrative sanction is already complex, its erratic use in the European Union legal order further contributes to the blurriness of the boundaries distinguishing administrative sanctions from criminal sanctions. Consequently, the current approximation of the applicable standards in the European legal order is insufficient as the standards imposed by the European Court of Human Right, the Court of Justice of the European Union and national courts differ, notably on the extent to which punitive administrative sanctions should comply with guarantees applicable to criminal law procedures. Overcoming the hurdles of approximation requires the legislator's intervention in order to set a coherent standard.
Key Challenges in the Combat of Human Trafficking: Evaluating the EU Trafficking Strategy and EU Trafficking Directive
Authors: Bosma Alice , Rijken Conny
Published: March 2017

The problem of trafficking in human beings (THB) is still omnipresent in Europe, despite the numerous preventive and retributive actions taken. This article evaluates the two most important EU-instruments to combat trafficking: the EU Directive and the EU Strategy. Based on secondary analysis of reports, policy reviews and scholarly writings from organisations, EU institutions and academics, key challenges in combating human trafficking are identified and an evaluation of the extent to which these instruments have addressed these challenges is made. The key challenges are subdivided following the three-P paradigm (prosecution, protection and prevention) and are the following: defining THB, non-punishment, low number of persons convicted of THB, corporate liability, identification of THB and victims of THB, conditional protection, prevention and neglect of vulnerable groups. In addition a multi-disciplinary approach and the current migration flow were identified as key challenges and the two instruments are also evaluated on these aspects.
Article 12 of the EU Human Trafficking Directive: Fulfilling Aspirations for Victim Participation in Criminal Trials?
Authors: Muraszkiewicz Julia
Published: March 2017

Traditionally criminal justice has emphasised the aggrandisement of the state, leaving victims outside the principal sphere of the criminal trial. The victim regarded as a witness: an object of the proceedings. Over the last decade Jonathan Doak, an English socio-legal scholar, has advocated for a shift in this paradigm, providing arguments for a reform that would allow victims to participate actively in criminal hearings. This article considers the standing of the victim of human trafficking in criminal trials and argues that although Article 12 of the Directive of the European Parliament and of the Council on Preventing and Combating Trafficking in Human Beings and Protecting its Victims is at the forefront of policymaking on victims' rights in criminal trials, it is still hindered by limitations. It remains the case that, in England and Wales, those most affected by human trafficking can have their voices and needs side-lined despite an emerging normative nature in participatory rights.
Mutual Recognition and Individual Rights
Authors: Van Ballegooij Wouter , Bárd Petra
Published: March 2017

This article focuses on the case-law of the Court of Justice and the dialogue it conducted with national apex courts when seeking to reconcile the ‘free movement of judicial decisions’, as facilitated by mutual recognition, and individual rights in its interpretation of the Framework Decision on the European Arrest Warrant. The present analysis shall concentrate on the recent judgment in Aranyosi and Căldăraru.

The article concludes that for the sake of legal certainty, more guidance should be provided under EU legislation to make sure that judicial cooperation does not lead to disproportionate intrusions on individual rights or even violations of absolute rights. This should be accompanied by a permanent mechanism for monitoring and addressing Member State compliance with democracy, the rule of law and fundamental rights.

Ultimately, however, the courts will have to play a crucial role in carving out and applying fundamental rights exceptions. In providing guidance to national courts, the Court of Justice needs to further clarify that the application of mutual recognition and fundamental rights exceptions are not in conflict and show proper deference to the norms developed by the European Court of Human Rights and national (constitutional) courts.
Steps forward in the treatment of pulmonary arterial hypertension: latest developments and clinical opportunities
Authors: Badlam Jessica B. , Bull Todd M.
Published: March 2017

Pulmonary arterial hypertension (PAH) is a chronic disease that results in narrowing of the small pre-capillary pulmonary arteries leading to elevation of pulmonary artery pressure and pulmonary vascular resistance, subsequent right ventricular failure, and if unchecked, death. Advances in the treatment of PAH over the last two decades have markedly improved survival. These improvements reflect a combination of changes in treatments, improved patient care strategies, and varying disease phenotypes in the PAH population. Currently approved therapies for PAH are directed at the recognized abnormalities within the pulmonary vasculature and include endothelin receptor antagonists, phosphodiesterase-5 inhibitors, soluble guanylate cyclase stimulators, and prostacyclin pathway agents. Most of these drugs have been approved on the basis of short-term trials that mainly demonstrated improvements in exercise capacity. More recently, long-term, event-driven trials of novel drugs have been performed, demonstrating new efficacy parameters. There have also been exciting advances in the understanding of right heart failure pathophysiology in PAH that have the potential to inspire the development of right ventricular targeted therapy and continued discoveries in the heterogeneity of disease and response to treatment has great potential for developing more ‘personalized’ therapeutic options. In this article, we review the current available data regarding the management of PAH, with an emphasis on the pharmacologic therapies and discussion of novel therapeutic directions for the treatment of this fatal disease.
Probuphine® (buprenorphine implant): a promising candidate in opioid dependence
Authors: Barnwal Preeti , Das Saibal , Mondal Somnath , Ramasamy Anand , Maiti Tanay , Saha Arunava
Published: March 2017

Opioid dependence leads to physical dependence and addiction which finally results in profound medical, psychological and social dysfunction. One of the useful medications for opioid dependence is buprenorphine, the partial opioid agonist, which is used alone or in combination with naloxone. However, buprenorphine is the victim of its own success due to its illicit use and accidental poisoning in children. Also, buprenorphine typically requires daily self-administration and its effectiveness heavily depends on patient adherence. So, poor treatment adherence results in ineffective treatment manifesting as craving and withdrawal symptoms. Short-term use of buprenorphine in opioid dependence is also often followed by relapse. Buprenorphine when used sublingually often results in inadequate or fluctuating blood concentrations and poorer treatment retention compared with methadone. All of these led to the development of Probuphine®, a polymeric matrix composed of ethylene vinyl acetate and buprenorphine in the form of implants, that are implanted subdermally in office practice and deliver the active drug over 6 months. Buprenorphine release from such implant is fairly consistent, avoiding plasma peaks and troughs, and the implant is also reported to be safe. In this review article, we have highlighted these aspects of treatment of opioid addiction, stressing on the pharmacology of buprenorphine and Probuphine®, and relevant clinical trials addressing the efficacy and safety of Probuphine®. This sustained-release implantable formulation of buprenorphine has the potential to be a suitable alternative to daily or alternate day sublingual buprenorphine which can thereby eliminate the need for daily supervision, minimizing fluctuations in plasma concentrations, and allowing these patients to reduce clinic or pharmacy visits.
Rituximab in Minimal Change Disease
Authors: Madanchi Nima , Bitzan Martin , Takano Tomoko
Published: March 2017

Treatment with rituximab, a monoclonal antibody against the B-lymphocyte surface protein CD20, leads to the depletion of B cells. Recently, rituximab was reported to effectively prevent relapses of glucocorticoid-dependent or frequently relapsing minimal change disease (MCD). MCD is thought to be T-cell mediated; how rituximab controls MCD is not understood. In this review, we summarize key clinical studies demonstrating the efficacy of rituximab in idiopathic nephrotic syndrome, mainly MCD. We then discuss immunological features of this disease and potential mechanisms of action of rituximab in its treatment based on what is known about the therapeutic action of rituximab in other immune-mediated disorders. We believe that studies aimed at understanding the mechanisms of action of rituximab in MCD will provide a novel approach to resolve the elusive immune pathophysiology of MCD.
Lasers and ancillary treatments for scar management Part 2: Keloid, hypertrophic, pigmented and acne scars
Authors: McGoldrick Rory Boyd , Theodorakopoulou Evgenia , Azzopardi Ernest Anthony , Murison Maxwell
Published: March 2017

The formation of a wide range of excessive scars following various skin injuries is a natural consequence of healing. Scars resulting from surgery or trauma affect approximately 100 million people per annum in the developed world and can have profound physical, aesthetic, psychological and social consequences. Thus, scar treatment is a priority for patient and physician alike. Laser treatment plays an important role in scar management with additional support from ancillary modalities. Subsequent to part 1: Burns scars, part 2 focuses on our strategies and literature review of treatment of keloid, hypertrophic, pigmented and acne scars where lasers are used in conjunction with other measures, and illustrated with case studies.