bluuebunny/crossref_metadata_2025 huggingface dataset:
The Modern Legal History of Criminal Liability of Children in the United Kingdom 1938–2008
Authors: Jaja Tonye Clinton
Published: March 2017

This article is a historical narrative of the milestones in the history of criminal liability of children in the United Kingdom and the legal implications of these developments for academics and legal systems within and beyond the United Kingdom.
The Nordic Arrest Warrant: What Makes for Even Higher Mutual Trust?
Authors: Tolttila Karri
Published: March 2017

The Nordic countries have a history of close cooperation in criminal law matters. One of the latest examples of this cooperation is the Nordic Arrest Warrant, signed in 2005. This article discusses the development of extradition law in the Nordic countries. The aim is to find the various reasons for effective and efficient Nordic cooperation in extradition law.
Famous Spanish Human Rights Judge, Baltasar Garzón, Convicted for Gross Judicial Misconduct (“Trespass Prevarication”)
Authors: Lopez-Muñoz Gustavo , Larraz
Published: March 2017

Judge Baltasar Garzón Real has been the Investigating Judge of the Central Criminal Court of Instruction number 5 of the Spanish National Court (Audiencia Nacional) for over 21 years. The Audiencia Nacional is the only trial Court in Spain, with the exception of the Supreme and Constitutional Courts, that has jurisdiction in all the regions of Spain and the only one with powers to deal with terrorism, major drug cases and international extraditions.
Note on the Reference in Case C-399/11 Melloni
Authors: Tinsley Alex
Published: March 2017

In this article, Alex Tinsley, Strategic Caseworker at Fair Trials International, reviews the current arrangements under which the Court of Justice of the European Union interprets third pillar measures such as the European Arrest Warrant Framework Decision. The article then considers the reference from the Tribunal Constitucional in Case C-399/11 Melloni concerning the provisions of the European Arrest Warrant Framework Decision on extradition for the purposes of serving a sentence based on an ‘in absentia’ conviction. It asks whether, at least in this area, the Charter of Fundamental Rights represents a uniform standard of fundamental rights protection, excluding the application of more extensive protections under national constitutional traditions.
Hard Core Cartel Conduct as Crime: The Justification for Criminalisation in the European Context
Authors: Harding Christopher
Published: March 2017

This paper explores further the rationale for criminalisation of involvement in the activity of business cartels and addresses both the reasons which may be put forward to justify use of criminal law in this context and also the risks in following such a strategy of legal control. The discussion is located in the context of the emergent EU policy on the use of criminal law, as summarised in the EU Commission's Communication on EU criminal policy of September 2011, and sketches some main points for consideration in carrying out a criminalisation impact assessment in relation to cartel conduct, focusing on a number of issues: cost, legitimacy, the search for convincing retributive and deterrent argument, and the risk of both desistance and enforcement deficits.
Criminalisation as a Last Resort: A National Principle under the Pressure of Europeanisation?
Authors: Ouwerkerk Jannemieke W.
Published: March 2017

In the Netherlands, as well as in several other European countries, the last resort principle has long been considered to be a fundamental guideline in determining the scope of substantive criminal law. In the context of criminalisation of conduct, it requires the national legislator to take the path of criminalisation only as a last resort, and to consider alternatives to criminal law measures. Today, the criminalisation of conduct is no longer automatically the outcome of national law-making, but is increasingly imposed by the international and European legislator. This raises the question whether or not national principles on criminalisation are in harmony with the criminalising of conduct at the transnational level. This paper focuses on the influence of EU criminal law and Strasbourg case law.
The Criminal Sanctions against the Illicit Proceeds of Criminal Organisations
Authors: Maugeri Anna Maria
Published: March 2017

The most recent tendency to place confiscation at the forefront of the fight against organised crime emerges from several important supranational legal instruments (for example, the 1990 Strasbourg Convention, Council Framework Decisions 2005/212/JHA and 2006/783/JHA, and the proposal for a Directive of the European Parliament and of the Council in 2012). Through a comparative survey of current legal systems it is possible to identify four models of confiscation: the criminal penalty; confiscation based on the presumption of the illegal destination of the assets; confiscation of the suspected illicit proceeds, based on the assumption of the source of the proceeds, and the actio in rem. These legislative forms of confiscation are criticised at the national level, particularly as regards their compatibility with the presumption of innocence, with the principle of proportionality and with the protection of property rights. In some judgments, in fact, the ECtHR has evaluated whether some forms of extended confiscation based on rebuttable presumptions are compatible with the guarantee of article 6 (presumption of innocence and fair trial) or article 7 (nullum crimen, nulla oena sine lege and the prohibition of retroactive criminalisation) of the Convention, or with article 1 of its First Protocol (right to property). In conclusion, the author presents some proposals to interpret the new types of extended confiscation in order to find a good balance between the exigencies of efficiency in the fight against criminal organisations and the protection of citizens' safeguards.
Gearing up the Fight against Cybercrime in the European Union: A New Set of Rules and the Establishment of the European Cybercrime Centre (Ec3)
Authors: Buono Laviero
Published: March 2017

In the never-ending cat-and-mouse game between the law and the (r)evolution of technologies there always seems to be new mice around. Botnet attacks, phishing, social networks, Voice over Internet Protocols (VoIPs) and geo-locative software are posing new menaces that were unknown, or largely underestimated, only few years ago. Although technology neutral, the legislation should, to the extent possible, respond to these constantly changing trends and threats. This article focuses on the European Union's new approach to fight cybercrime giving a preliminary assessment of the new proposal for a Directive on attacks against information systems, intended to replace the 2005 Framework Decision. The article also explores the establishment of the European Cybercrime Centre (EC3) by 2013 and its key features.
The European Public Prosecutor's Office: Towards a Truly European Prosecution Service?
Authors: Ligeti Katalin , Simonato Michele
Published: March 2017

This Article provides an overview of the possible institutional designs of the European Public Prosecutor's Office [EPPO] with a view to the forthcoming proposal of the Commission. To this purpose, it clarifies meaning, scope and limits of Article 86 TFEU. Furthermore, it argues that in order for the EPPO to be able to act as a real European prosecution service and for complying with the objectives of an Area of Freedom, Security and Justice, a set of powers uniformly formulated and valid in all Member States participating in the EPPO need to be elaborated.
Running before We Can Walk? Mutual Recognition at the Expense of Fair Trials in Europe's Area of Freedom, Justice and Security
Authors: Smith Emily
Published: March 2017

The last decade has seen the EU place unprecedented emphasis on increasing and improving cooperation between Member States in criminal justice matters. However, for most of this period the fundamental rights of suspects and defendants have been largely ignored. In recognition of this, the EU adopted the Roadmap for strengthening the procedural rights of suspected or accused persons in criminal proceedings in 2009. This paper examines the steps necessary to establish an effective and coherent system of EU criminal justice procedure: one which enables Member States' prosecution and judicial authorities to cooperate effectively in the fight against serious cross-border crimes, while also ensuring efficient protection for the fundamental rights of suspects and defendants. It looks at the progress that has been made under the Roadmap and the work that remains to be done. Fair Trials International's case studies are used to demonstrate the dangers of introducing mutual recognition instruments such as the European Arrest Warrant for prosecutors when suspects and defendants do not have tangible, enforceable fair trial rights in many EU countries.
The European Arrest Warrant under the Scrutiny of the Italian Constitutional Court
Authors: Grasso Costantino
Published: March 2017

The paper illustrates how the European Arrest Warrant was enacted in Italy, and highlights some of the contradictions arising out of its reception into Italian law. In particular, the article focuses on issues relating to the compatibility of the EAW with the Italian Constitution and analyses the decisions No. 143 of 2008 and No. 227 of 2010 through which the Italian Constitutional Court declared the partial unconstitutionality of EAW implementing law (Act No. 69 of 2005). In the former decision the Court considered the rule provided by Article 33 of Act No. 69 contrary to the principle of equality enshrined by Article 3 of the Italian Constitution. In the latter decision the Court held that Article 18(1)(r) of EAW implementing law conflicted with the principles of non-discrimination and EU citizenship.
Probation Measures and Alternative Sanctions in Europe: From the 1964 Convention to the 2008 Framework Decision
Authors: Neveu Suliane
Published: March 2017

In 2008, the Council of the EU adopted the Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions, subsequently amended by the Framework Decision 2009/299/JHA of 26 February 2009. It replaces the 1964 Council of Europe Convention on the supervision of Conditionally Sentenced or Conditionally Released Offenders between Member States. This article observes how the new instrument will be more effective than the Convention on the supervision: a more efficient procedure would better achieve the objective of rehabilitation and should reduce discrimination in the granting of conditional measures to foreign sentenced persons. Furthermore, the article identifies some other interests of sentenced persons in the procedure and examines whether the Framework Decision takes these interests into account.
The Proportionate Application of Article 8 of the Echr on Execution of a Request for Surrender of a Person with Children
Authors: Dickson David J.
Published: March 2017

The aim of this paper is to bring to colleagues' notice a recent decision of the Supreme Court of the United Kingdom on the approach to be taken by the Courts to determine if surrender/extradition is proportionate with reference to Article 8 of the European Convention on Human Rights where the requested person(s) is the sole carer(s) of a child or dependent relative.
Opting Out of EU Police and Criminal Justice Measures: The United Kingdom's 2014 Decision
Authors: Chalmers James
Published: March 2017

This article provides an overview of the current debate in the United Kingdom on whether the UK should exercise its right to opt out from around 130 EU police and criminal justice measures. It is a revised and updated version of a talk delivered at a meeting held by the Law Society of Scotland in Brussels in March 2013. It explains why this issue is presently one of difficulty for the United Kingdom government, and reviews the background to the current debate and the steps which the government has taken so far, analysing in particular the positions which were put to a House of Lords committee which conducted an inquiry into the matter, reporting in early 2013.
European Integration or Democracy Disintegration in Measures concerning Police and Judicial Cooperation?
Authors: Ventrella Matilde
Published: March 2017

In recent cases on the European Arrest Warrant, the Court of Justice of the European Union has made decisions which are incompatible with the requirements of national Constitutions on the protection of fundamental rights such as the right to freedom from imprisonment. National Constitutions are acts of national Parliaments which often require the completion of a very difficult procedure in order to be amended. Unfortunately, the Court of Justice has not taken these procedures into consideration when it has ruled that, in order to enhance mutual trust between national judicial authorities, the European Arrest Warrant can be issued even at the sacrifice of freedoms of individuals protected by national Constitutions. Similar judgements are incompatible with decisions made by Constitutional Courts such as the Italian Constitutional Court which states that the Union's supremacy and the application of the European Arrest Warrant cannot encroach upon the fundamental principles of Constitutions.

Elected bodies such as the European Parliament and national Parliaments should decide whether fundamental principles protected by national Constitutions should be set aside. The entry into force of the Lisbon Treaty could have made the difference as it increased the respective powers of national Parliaments and the European Parliament in the EU decision making procedure. Unfortunately, these changes have not led to more democracy in the criminal area. The result is that the Court of Justice case-law on the European Arrest Warrant is incompatible with the judgments of national Constitutional Courts. This article will show how incompatibility between the different courts and lack of democracy in the criminal area could lead to the failure of police and judicial cooperation between Member States. In order to avoid this failure, it is imperative that measures in the criminal area are adopted by the democratic institutions: the European Parliament and national Parliaments in cooperation with each other. Indeed, these institutions alone, not unelected bodies such as the Court of Justice, should evaluate whether national Constitutions should be set aside in order to fight against criminal organisations.
Protecting Criminal Defence Rights through EU Law: Opportunities and Challenges
Authors: Tinsley Alex
Published: March 2017

The article examines the concretisation of criminal defence rights under EU law through a set of Directives designed to strengthen procedural safeguards. The article reviews the origins of the new measures, designed to provide a stronger basis for judicial cooperation based on mutual trust. It examines the shortcomings of the existing system of protection of fair trial rights under the European Convention on Human Rights and considers whether, and how, EU law can improve the situation. The article recognises that the new measures, monitored and enforced by the European Commission, provide new possibilities for civil society organisations. However, it argues that the main opportunity is for enhanced protection of defence rights in the national courts. The measures themselves, the Charter of Fundamental Rights and the possibility to seek timely guidance from the Court of Justice of the EU constitute new tools which, if national courts can be persuaded to use them, could appreciably advance fair trial rights protection in the EU. The experiment will reveal the usefulness of EU law as a driver of fundamental rights compliance in the post-Lisbon era.
The EU and Death Penalty Abolition: The Limited Prospects of Judicial Cooperation in Criminal Matters as an External Policy Tool
Authors: Vandebroek Eef , Verbruggen Frank
Published: March 2017

After having eradicated the death penalty from its own territory about ten years ago, the EU shifted its focus towards retentionist states outside its borders. Given the importance of extradition and mutual legal assistance, the refusal of cooperation was a powerful tool to spread abolition beyond European shores. In the 21st century, however, the unstoppable growth of transnational mobility and communications has pushed traditional judicial cooperation to its limits. Transnational crime is flourishing and law enforcement simply cannot lag behind. In the framework of the ‘area of Freedom, Security and Justice’, the European Union started to create new forms of cooperation which simplify the burdensome procedures of traditional extradition and mutual legal assistance and which speed up the proceedings. The pragmatic new instruments make criminal law enforcement practice easier, so it is likely there will be a spill-over effect on cooperation between the EU or its Member States and third countries. The central thesis of this contribution is that this evolution is bound to lead to the demise or at least, the growing irrelevance of death penalty clauses as a tool in the EU's fight against capital punishment.
The First Exercise of Article 83(2) TFEU under Review: An Assessment of the Essential Need of Introducing Criminal Sanctions
Authors: Miglietti Marta
Published: March 2017

The proposed Directive on criminal sanctions for insider dealing and market manipulation aims at harmonising the sanctioning regimes of EU Member States on market abuse, imposing the introduction of criminal sanctions. This proposal represents the first exercise of the competence introduced by Article 83(2) of the Treaty on the Functioning of the European Union and provides an opportunity to critically reflect on its use. This paper analyses the conditions for the approximation of criminal law set by the Article 83(2) and provides an assessment of the respect of these conditions in the proposed Directive. It argues that the proposal raises some concerns in relation to compliance with its legal basis, in view especially of the lack of a clear reliance on empirical data regarding the essential need of introducing criminal sanctions.
When Does the Length of Criminal Proceedings Become Unreasonable According to the European Court of Human Rights?
Authors: Henzelin Marc , Rordorf Héloïse
Published: March 2017

Since the mid-90s the European Court of Human Rights has engaged in a war with excessively lengthy judicial proceedings at the national level, particularly in relation to criminal proceedings. In 2012 alone, the Court rendered 72 judgments regarding the length of criminal proceedings and found a violation of the reasonable time requirement, as enshrined in Article 6(1) ECHR, in 62 of those cases. The present study will show that the determination of the relevant period, as well as the criteria considered by the Court in deciding whether a reasonable length has been exceeded, are rather clear. Less predictable however is the overall assessment of the circumstances of the case by the Court and in particular the interaction between and the weight given to the various criteria. The present study concludes upon a 3-5-7 schematic: a period short of 3 years does not usually infringe Article 6(1) ECHR and after 7 years the length of the proceedings is usually considered unreasonable. It is around the 5 years mark that the predictions are the most hazardous and a balance of the criteria in favour of, respectively against, reasonableness must be made.
Inquisitorial and Adversarial Expert Examinations in the Case Law of the European Court of Human Rights
Authors: Decaigny Tom
Published: March 2017

The administration of criminal justice may require specific scientific or technical knowledge, for which experts are asked to provide advice to criminal courts. This article addresses the approach by the European Court of Human Rights to the input of expert evidence in domestic criminal proceedings. Two models, an inquisitorial model and an adversarial model of criminal justice, are identified and employed as a framework to analyse the case law. The article further elaborates on the use of these models, the sets of procedural requirements linked to both models, and the interference between them, providing insights capable of improving the gathering and use of technical and scientific information.
Effectiveness and Constitutional Limits in European Criminal Law
Authors: Herlin-Karnell Ester
Published: March 2017

This introductory article offers an account of how the principle of ‘effectiveness’ in EU law has shaped the development of EU criminal law. I will try to explain why effectiveness reasoning has played an important function in the development and formation of EU criminal law as well as the dangers and merits with effectiveness in EU context.
Mutual Recognition in Criminal Matters and the Principle of Proportionality: Effective Proportionality or Proportionate Effectiveness?
Authors: Helenius Dan
Published: March 2017

The principle of proportionality constitutes a general principle of EU law. However, its application with regard to judicial cooperation in criminal matters between the EU Member States has remained somewhat unclear, especially after the introduction of the principle of mutual recognition. This article first of all analyses the content and structure of said principle, as it can arguably be given different understandings. Secondly, it discusses the relevance ascribed to the principle in both EU and State legislation and practice.
Effectiveness and Functionality of Substantive EU Criminal Law
Authors: Suominen Annika
Published: March 2017

This article analyses the effectiveness and functionality of substantive EU criminal law legislation. With the Lisbon Treaty criminal law has been included as a general branch of EU law. Effective enforcement of EU law is a general principle. As a starting point it is also easy to agree on the fact that EU criminal law should be effective. But what does this really mean? Can criminal law be used just as any other measure, or does criminal law still have a specific nature, where some specific principles apply and restrict the use of criminal law instruments? These are the core questions of this article. Firstly, both effectiveness and functionality in relation to substantive EU criminal law harmonisation are defined. Secondly, the question on how to measure effectiveness in substantive EU criminal law is discussed. Thirdly, the limits for using effectiveness as an argument for new criminal law legislation are analysed. Some concluding remarks are done in the final chapter.
The Right to Access to a Lawyer at Police Stations: Making the European Union Directive Work in Practice
Authors: Cape Ed , Hodgson Jacqueline
Published: March 2017

Recent EU Directives provide for a range of procedural protections for suspects and accused persons, going beyond the more broadly articulated standards set out in the European Convention of Human Rights. These reforms are to be welcomed, but their implementation poses a range of challenges for Member States. Drawing on recent empirical research, this article focuses on one measure, the right to legal assistance during police custody. It discusses the range of complex and often inter-related factors that operate to help or to hinder the process of ensuring that the right is ‘practical and effective’ and not merely ‘theoretical and illusory’. Member States do not share a common procedural tradition and alongside ensuring sufficient financial and human resources, effective implementation will require shifts in the legal and occupational cultures of police, prosecutors and the criminal bar.
Procedural Safeguards for Juvenile Suspects in Interrogations: A Look at the Commission's Proposal in Light of an EU Comparative Study
Authors: De Vocht Dorris , Panzavolta Michele , Vanderhallen Miet , Van Oosterhout Marc
Published: March 2017

This article discusses the recent European Commission's Proposal for a Directive on procedural safeguards for children suspected and accused in criminal proceedings and the protection that it offers to juvenile suspects during interrogations. Given the importance of the interrogations for the outcome of a case and its sensitivity for the personality of vulnerable suspects, understanding how the Proposal protects children in this stage of proceedings seems a required step in the overall assessment of the quality of the proposed legislation. The Proposal's evaluation is conducted in light of the preliminary findings of an on-going EU funded research project that the authors are currently coordinating. After a critical assessment of the scope and relevant definitions of the Proposal, the attention will turn to some specific safeguards related to (pre-trial) interrogations such as the right to legal assistance, the right to an appropriate adult and the right to an individual assessment. By referring to the current legal status quo in a selection of EU Member States, the article challenges some aspects of the Proposal such as its relatively narrow scope, the lack of definitions of certain concepts and the fact that the complexity of the vulnerability of juvenile suspects is not adequately taken into account by some of the proposed rules. With this critical evaluation and by emphasizing the importance of taking full account of the complexity of the matter, the authors hope to offer a contribution to the future debate and negotiations on how to effectively strengthen the protection of juvenile suspects.
Case Watch: European Court Strengthens Anti-Torture Safeguards
Authors: Isobel Marion
Published: March 2017

In “Case Watch” reports, lawyers at the Open Society Justice Initiative provide analysis of notable court decisions and cases that relate to our work to advance human rights law around the world.
The European Investigation Order and the Lack of European Standards for Gathering Evidence: Is a Fundamental Rights-Based Refusal the Solution?
Authors: Armada Inés
Published: March 2017

This paper analyses the Directive regarding the European Investigation Order, which will render enforceable throughout the Area of Freedom, Security and Justice almost any national decision relating to evidence, covering from the freezing of evidence stage up to its transfer to the issuing authority. This new instrument of mutual recognition is innovative in that it includes a provision allowing executing authorities to refuse the execution of the EIO on fundamental rights grounds. Departing from an analysis of the Directive, this paper seeks to assess the impact this new ground for refusal will have for the protection of fundamental rights, particularly privacy, within the European criminal justice area.
Evidence Gathering in the Realm of the European Investigation Order: From National Rules to Global Principles
Authors: Daniele Marcello
Published: March 2017

At first blush the Directive on the European Investigation Order does not seem revolutionary. It does not unify or harmonize the European legislations, and often reworks some old schemes of the previous evidence-gathering tools. However, if one considers its operational implications, it appears clear that the Directive could have the effect of changing the structure of the national evidentiary provisions, turning many of them from rigid “rules” into flexible “principles” that have to be implemented by the judiciary in each concrete situation. Such genetic mutation is full of dangers, since it could worsen the standards of protection of fundamental rights so far granted by the national systems. This article suggests a careful watch over the application of the Directive, putting the issuing and the execution of the Investigation Orders under the lens of the principles of equivalence and proportionality provided by the EU Charter of Fundamental Rights – also referred to herein as the Nice Charter.
Competition or Cooperation?: State of Play and Future Perspectives on the Relations between Europol, Eurojust and the European Judicial Network
Authors: Weyembergh Anne , Armada Inés , Brière Chloé
Published: March 2017

This article analyses the cooperation between EU agencies and bodies active in the fight against serious cross-border crime. It focuses on the cooperation between Europol and Eurojust on the one hand, and between Eurojust and the European Judicial Network on the other hand. Considering the existence of grey areas in which their respective mandates overlap, the complementarity of their actions and their smooth cooperation are essential to ensure coherence within the EU area of criminal justice. In both situations, the analysis of the current state of their cooperation allows the identification of good practices as well as points of concern. The current negotiations for regulations on Europol and Eurojust offer the opportunity to reflect on future perspectives and to suggest possible improvements.
The Genesis of Protocol 36
Authors: Blanchet Thérèse
Published: March 2017

Protocol 36 on transitional provisions was annexed to the EU Treaties at the Intergovernmental Conference of 2007, which negotiated the Lisbon Treaty, in order to organise the transition between the previous EU and EC Treaties and the Treaties as amended by the Lisbon Treaty. This contribution concentrates on why and how Article 9 of Protocol 36 – on keeping the legal effects of acts adopted under the legal regime of the previous TEU – and Article 10 – on the 5-year transitional period regarding the Court of Justice powers on the police and criminal justice acquis and on the UK block opt-out from that acquis – were drafted and negotiated. It also clarifies the meaning of these Articles and what such an arcane neologism as “lisbonisation” means.
Legal Effects of Directives Amending or Repealing Pre-Lisbon Framework Decisions
Authors: Satzger Helmut
Published: March 2017

The Treaty on the Functioning of the European Union does not know the category of Framework Decisions any more. Nevertheless Framework Decisions “survived” the entry into force of the Lisbon Treaty due to transitional regulations in Protocol No. 36. This paper discusses unsolved questions which arise when directives under the TFEU amend or repeal Framework Decisions. This is especially important when it comes to considering the direct effect of the amended Framework Decisions.
The Future Eppo: What Role for the Cjeu?
Authors: Parizot Raphaële
Published: March 2017

Article 86 TFEU relating to the establishment of a European Public Prosecutor's Office is not very explicit about how the office will work (structure, statute, procedure). In particular nothing is developed about relations with the Court of Justice. Yet the question is fundamental in that, more generally, it raises the question of the structuring of criminal justice and of the control (under different aspects: disciplinary, jurisdictional) of the European Public Prosecutor's Office. The question of the control over the European Public Prosecutor's Office or rather the role of the Court of Justice in relation to the future European Public Prosecutor's Office is dealt with in the proposal for a Council Regulation on the establishment of a European Public Prosecutor's Office of 17 July 2013 and in the European Parliament resolution of 12 March 2014 on the proposal for a Council regulation on the establishment of the European Public Prosecutor's Office. This contribution presents and discusses the main problems and challenges surrounding this question.
The Limitation Period of Crimes: Same Old Italian Story, New Intriguing European Answers: Case Note on C-105/14, Taricco
Authors: Giuffrida Fabio
Published: March 2017

Following a request for a preliminary ruling from an Italian judge, the Court of Justice of the European Union issued a groundbreaking decision in the Taricco case (C-105/14). In this judgment, the Court states that domestic judges are entitled, or even obliged, to disapply national legislation on the prescription of crimes, when such legislation impairs an effective fight against frauds to the detriment of EU finances. This case note offers an overview of the most problematic aspects of this decision, as well as its implications at the EU level. Moreover, the effects of the Taricco judgment on the Italian system are briefly discussed, especially from the perspective of the possible violations of the principle of legality.
EU Criminal Justice Actors: Accountability and Judicial Review Vis-À-Vis the EU Citizen
Authors: Ligeti Katalin , Marletta Angelo
Published: March 2017

The Area of Freedom, Security and Justice (AFSJ) represents both a constitutional objective and a solemn commitment of the Union towards its citizens. Being the AFSJ a domain of shared competence, many different actors are entrusted and responsible for the fulfilment of this commitment. After the entry into force of the Lisbon Treaty, EU citizenship became a central reference point for allocating shared responsibility and regulating the multilevel and multifarious interactions between the different legislative and enforcement actors involved in the development of this sensitive EU policy domain. Accordingly, this contribution will explore and provide a critical account on the potential of the “fundamental status” with regard to the democratic accountability of the legislative process under Title V TFEU, the parliamentary scrutiny over the AFSJ criminal justice agencies and the judicial protection of citizens' rights against the acts of these AFSJ enforcement actors.
The Medicrime Convention: Combating Pharmaceutical Crimes through European Criminal Law and beyond
Authors: Negri Stefania
Published: March 2017

The falsification of medicinal products represents a significant public health threat and has rapidly turned into a global criminal phenomenon. Pharmaceutical crimes are considered an emerging category of transnational organised crime and have progressively become cyber-enabled crimes. The international community has called for a stronger and more effective response, but the international legal framework has long remained substantially inadequate at both European and international levels. Against this background, 1 January 2016 marked a significant milestone in the fight against falsified medicines with the entry into force of the Council of Europe MEDICRIME Convention. The Convention is the first binding European criminal law instrument to oblige States Parties to criminalise the falsification of medical products and similar offences posing serious threats to public health. It represents a landmark tool which will pave the way for harmonised criminal legislation and enhanced international cooperation in criminal matters at pan-European level and beyond.
The Privilege against Self-Incrimination
Authors: Lamberigts Stijn
Published: March 2017

This article revisits the different justifications of the privilege against self-incrimination and examines two topical issues, the relation between the privilege and documentary evidence and the applicability of the privilege to corporations, in light of these justifications. Although the Presumption of Innocence Directive has recently addressed these two issues, several lingering uncertainties remain.
Directive 2011/36/EU on Combating Trafficking in Human Beings
Authors: Symeonidou-Kastanidou Elisavet
Published: March 2017

Directive 2011/36/EU constituted a very important step towards a “holistic” tackling of human trafficking in the European Union, incorporating provisions not only for the criminalisation and prosecution of trafficking, but also for victim protection and crime prevention. Nonetheless, many problems still exist with regard to the content or the implementation of these provisions, which seem to prevent or limit their effective application. Therefore, after presenting the main changes that Directive 2011/36/EU introduced in the institutional framework to address human trafficking, an effort is made in this study both to identify these problems and to present specific proposals for their confrontation in view of the Commission's plans to develop a new post-2016 anti-trafficking Strategy.
Renal oncocytoma in a cat with chronic renal failure
Authors: Lee Sora , Choi Hyun-Ji , Lee Han-Byul , Jo Sung-Min , Mun Ji-hye , Son Woo-Chan
Published: March 2017

Case summary

A 9-year-old male neutered domestic shorthair cat presented with anorexia. Ultrasonography showed an irregularly shaped hypoechoic mass in the cranial pole of the right kidney. Ultrasound-guided fine-needle aspiration of the renal mass was performed. Cytology revealed moderate cellularity smears composed of epithelial cell clusters, which consisted of an exclusive population of oncocytic cells seen in sheets and papillary clusters along with abundant single cells. A moderate-to-abundant amount of densely stained granular cytoplasm with round nuclei and indistinct nucleoli was seen. The cytological diagnosis was renal oncocytic neoplasm. CT and surgical resection revealed a firm tan mass in the right kidney. A final diagnosis of renal oncocytoma was made on the basis of histology, immunohistochemical staining profile (positive for cytokeratin, and negative for chromogranin A, neuron-specific enolase and vimentin) of neoplastic cells, together with the electronic microscopy results.

Relevance and novel information

We believe that this is the first report of the cytological features of feline renal oncocytoma.
Group Practice of the Transcendental Meditation® and TM-Sidhi® Program and Reductions in Infant Mortality and Drug-Related Death
Authors: Dillbeck Michael C. , Cavanaugh Kenneth L.
Published: March 2017

These two studies tested the prediction that the group practice of a procedure for the development of consciousness, the Transcendental Meditation and TM-Sidhi program, by a sufficiently large group of individuals would be sufficient to reduce collective stress in the larger population, reflected in two stress-related health indicators, infant mortality rate and drug-related fatality rate. Based on theoretical prediction and prior research, from January 2007 through 2010 (intervention period), this effect should have been measurable. Change in the rates of these two indicators during the intervention period were estimated from 2002 through 2010 data using a broken-trend (or segmented trend) intervention model with time series regression methods. Significant changes in trend for both the infant mortality rate and drug-related fatality rate were evident at the predicted time and in the predicted direction, controlling for preintervention trends, seasonality, and autocorrelation. The changes in trend were both statistically and practically significant, indicating an average annual decline of 3.12% in infant mortality rate and 7.61% in drug-related fatality rate. Diagnostic tests are satisfactory and indicate that it is unlikely that the statistical results are attributable to spurious regression. The mechanism for these collective effects is discussed in view of possible alternative hypotheses.
Using Service Learning to Improve Interviewer and Interviewee Effectiveness
Authors: Mann Melissa J. , Yanson Regina , Lambert Alysa D.
Published: March 2017

Interviews are a critical component of assessing a candidate’s fit in an organization. Students aspiring to be managers or human resource professionals will need to complete an interview to successfully gain employment and then, in turn, will be responsible for conducting interviews to effectively ascertain the capabilities and motivation of job candidates. The service-learning experience presented here offers students a competitive advantage when competing against peers for limited job openings. This article outlines a service-learning experience aimed at improving both interviewee and interviewer effectiveness. This activity is interdisciplinary and can be beneficial for students across all industries. It is particularly useful for instructors who want to add an experiential learning component to their courses and who are teaching units on human resources and interviewing.
Medial temporal pathways for contextual learning: Network c-fos mapping in rats with or without perirhinal cortex lesions
Authors: Kinnavane Lisa , Amin Eman , Olarte-Sánchez Cristian M. , Aggleton John P.
Published: March 2017

Background:

In the rat brain, context information is thought to engage network interactions between the postrhinal cortex, medial entorhinal cortex, and the hippocampus. In contrast, object information is thought to be more reliant on perirhinal cortex and lateral entorhinal cortex interactions with the hippocampus.

Method:

The ‘context network’ was explored by mapping expression of the immediate-early gene, c- fos, after exposure to a new spatial environment.

Results:

Structural equation modelling of Fos counts produced networks of good fit that closely matched prior predictions based on anatomically grounded functional models. These same models did not, however, fit the Fos data from home-cage controls nor did they fit the corresponding data from a previous study exploring object recognition. These additional analyses highlight the specificity of the context network. The home-cage controls, meanwhile, showed raised levels of inter-area Fos correlations between the many sites examined, that is, their changes in Fos levels lacked anatomical specificity. A total of two additional groups of rats received perirhinal cortex lesions. While the loss of perirhinal cortex reduced lateral entorhinal c- fos expression, it did not affect mean levels of hippocampal c- fos expression. Similarly, overall c- fos expression in the prelimbic cortex, retrosplenial cortex, and nucleus reuniens of the thalamus appeared unaffected by the perirhinal cortex lesions.

Conclusion:

The perirhinal cortex lesions disrupted network interactions involving the medial entorhinal cortex and the hippocampus, highlighting ways in which perirhinal cortex might affect specific aspects of context learning.
Crebbp loss cooperates with Bcl2 overexpression to promote lymphoma in mice
Authors: García-Ramírez Idoia , Tadros Saber , González-Herrero Inés , Martín-Lorenzo Alberto , Rodríguez-Hernández Guillermo , Moore Dalia , Ruiz-Roca Lucía , Blanco Oscar , Alonso-López Diego , Rivas Javier De Las , Hartert Keenan , Duval Romain , Klinkebiel David , Bast Martin , Vose Julie , Lunning Matthew , Fu Kai , Greiner Timothy , Rodrigues-Lima Fernando , Jiménez Rafael , Criado Francisco Javier García , Cenador María Begoña García , Brindle Paul , Vicente-Dueñas Carolina , Alizadeh Ash , Sánchez-García Isidro , Green Michael R.
Published: March 2017

Key Points

Crebbp inactivation perturbs B-cell development, but cooperates with Bcl2 overexpression to promote lymphoma. Transcriptional and epigenetic signatures of Crebbp loss implicate Myc in disease etiology.
Human neutrophils mediate trogocytosis rather than phagocytosis of CLL B cells opsonized with anti-CD20 antibodies
Authors: Valgardsdottir Rut , Cattaneo Irene , Klein Christian , Introna Martino , Figliuzzi Marina , Golay Josée
Published: March 2017

Key Points

Human neutrophils mediate trogocytosis rather than phagocytosis of CD20-antibody–opsonized CLL B cells. Trogocytosis is induced more effectively by rituximab compared with obinutuzumab.
Mobilization of allogeneic peripheral blood stem cell donors with intravenous plerixafor mobilizes a unique graft
Authors: Schroeder Mark A. , Rettig Michael P. , Lopez Sandra , Christ Stephanie , Fiala Mark , Eades William , Mir Fazia A. , Shao Jin , McFarland Kyle , Trinkaus Kathryn , Shannon William , Deych Elena , Yu Jinsheng , Vij Ravi , Stockerl-Goldstein Keith , Cashen Amanda F. , Uy Geoffrey L. , Abboud Camille N. , Westervelt Peter , DiPersio John F.
Published: March 2017

Key Points

Plerixafor is a safe, effective, rapid mobilizing agent when administered intravenously. Lower rates of GVHD and CMV viremia with plerixafor-mobilized grafts may be related to a unique cellular composition of the graft.
Effect of Moringa oleifera Lam. leaf powder on the pharmacokinetics of nevirapine in HIV-infected adults: a one sequence cross-over study
Authors: Monera-Penduka Tsitsi G. , Maponga Charles C. , Wolfe Alan R. , Wiesner Lubbe , Morse Gene D. , Nhachi Charles F. B.
Published: March 2017

Background

Moringa oleiferaLam., an herb commonly consumed by HIV-infected people on antiretroviral therapy, inhibits cytochrome P450 3A4, 1A2 and 2D6 activity in vitro; and may alter the pharmacokinetics (PK) of antiretroviral drugs metabolized via the same pathways. However, in vitro drug interaction activity may not translate to a clinically significant effect. Therefore, the effect of moringa leaf powder on the PK of nevirapine in HIV-infected people was investigated.

Methods

Adult patients at steady-state dosing with nevirapine were admitted for 12-h intensive PK sampling following a 21-day herbal medicine washout. Blood sampling was repeated after 14 days of nevirapine and moringa (1.85 g leaf powder/day) co-administration. Nevirapine plasma concentrations were determined by liquid chromatography-tandem mass spectrometry. To assess the effect of moringa on nevirapine PK, the change in nevirapine area under the plasma concentration–time curve (AUC) was determined. The mean difference in pre- and post-moringa nevirapine, maximum concentration (Cmax) and concentration at 12 h (C12h) were also calculated. The PK parameters were compared by assessing the post/pre geometric mean ratios (GMRs) and associated 90% confidence intervals (CIs).

Results

Pharmacokinetics analyses were performed on the results from 11 participants for whom complete data were obtained. The post/pre GMRs and associated 90% CIs for nevirapine were 1.07 (1.00–1.14) for the AUC; 1.06 (0.98–1.16) for Cmaxand 1.03 (0.92–1.16) for C12h.

Conclusion

Co-administration ofMoringa oleiferaLam. leaf powder at the traditional dose did not significantly alter the steady-state PK of nevirapine.

Trial registration numberNCT01410058 (ClinicalTrials.gov)
Transoral robotic surgery with radial forearm free flap reconstruction: Case control analysis
Authors: Biron Vincent L. , O'Connell Daniel A. , Barber Brittany , Clark Jessica M. , Andrews Colin , Jeffery Caroline C. , Côté David W. J. , Harris Jeffrey , Seikaly Hadi
Published: March 2017

Background

The resection of large oropharyngeal tumors traditionally involves a lip-splitting mandibulotomy for adequate margin visualization and free flap reconstruction of the surgical defect. Transoral robotic surgery (TORS) has emerged as a technique that can resect large and complex oropharyngeal tumors, avoiding a lip-splitting approach. The aim of this study is to compare the lip-splitting mandibulotomy approach versus TORS for the management of advanced stage oropharyngeal carcinomas.

Methods

Prospectively collected data from 18 patients with advanced stage oropharyngeal squamous cell carcinoma (OPSCC) who received TORS with radial forearm free flap reconstruction (RFFF) was compared to a matched cohort of 39 patients who received a lip-splitting mandibulotomy and RFFF. Patients were matched for stage, p16 positivity, smoking, age and gender. Length of hospital stay (LOHS), tracheostomy decanulation time, operative time, surgical margin status, and post-operative complications were compared between groups.

Results

Patients who received TORS with RFFF had a significantly lower mean LOHS, compared to patients who were treated by lip-splitting mandibulotomy and RFFF (14.4 vs 19.7 days, p = 0.03). No significant differences were seen between groups in terms of operative time, tracheostomy decannulation time, margin positivity and post-operative complications.

Conclusion

TORS with radial forearm free flap reconstruction is a safe, effective and cost-saving alternative to the lip-splitting mandibulotomy approach for the treatment of advanced stage OPSCC.