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CRIMINAL LAW (28 journals)

Showing 1 - 26 of 26 Journals sorted alphabetically
American Criminal Law Review     Free   (Followers: 9)
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 3)
Bergen Journal of Criminal Law & Criminal Justice     Open Access   (Followers: 2)
Berkeley Journal of Criminal Law     Open Access   (Followers: 6)
Cambridge journal of evidence-based policing     Hybrid Journal   (Followers: 60)
Derecho Penal y Criminología     Open Access   (Followers: 4)
European Criminal Law Review     Full-text available via subscription   (Followers: 15)
Howard Journal of Crime and Justice The     Hybrid Journal   (Followers: 17)
Indonesian Journal of Criminal Law     Open Access   (Followers: 3)
International Journal of Digital Crime and Forensics     Full-text available via subscription   (Followers: 11)
Journal of Criminal Law     Full-text available via subscription   (Followers: 416)
Journal of Criminal Law and Criminology     Full-text available via subscription   (Followers: 51)
Justitiële verkenningen     Full-text available via subscription   (Followers: 4)
Legal and Criminological Psychology     Full-text available via subscription   (Followers: 15)
Monatsschrift für Kriminologie und Strafrechtsreform / Journal of Criminology an Penal Reform     Hybrid Journal   (Followers: 2)
Money Laundering Bulletin     Full-text available via subscription   (Followers: 8)
New Journal of European Criminal Law     Full-text available via subscription   (Followers: 8)
PROCES     Full-text available via subscription   (Followers: 2)
Psychiatry, Psychology and Law     Hybrid Journal   (Followers: 459)
Revista Eletrônica de Direito Penal e Política Criminal     Open Access   (Followers: 1)
SASI     Open Access   (Followers: 6)
Sexual Abuse A Journal of Research and Treatment     Hybrid Journal   (Followers: 47)
Strafverteidiger     Hybrid Journal   (Followers: 2)
Te Wharenga : New Zealand Criminal Law Review     Open Access   (Followers: 1)
Tidsskrift for strafferett     Full-text available via subscription   (Followers: 2)
Tijdschrift voor Criminologie     Full-text available via subscription   (Followers: 2)
Similar Journals
Journal Cover
New Journal of European Criminal Law
Number of Followers: 8  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 2032-2844 - ISSN (Online) 2399-293X
Published by Sage Publications Homepage  [1143 journals]
  • Editorial
    • Authors: Anne, Holger, Irene, Niovi, Paul, Valsamis, Vania
      Pages: 3 - 3
      Abstract: New Journal of European Criminal Law, Volume 12, Issue 1, Page 3-3, March 2021.

      Citation: New Journal of European Criminal Law
      PubDate: 2021-02-23T10:08:30Z
      DOI: 10.1177/2032284420972823
      Issue No: Vol. 12, No. 1 (2021)
       
  • Prosecution ex officio or following a complaint by the victim' An
           analysis on offences related to violence against women and sexual offences
           
    • Authors: Tomohiro Nakane
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      In recent years, there has been a tendency in cases of violence against women and sexual offences to prosecute them, regardless of whether the victim files their complaint. This article investigates the recent changes in European criminal law in this respect. The results indicate a variety of approaches under European Union (EU) law, Council of Europe (CoE) law and domestic approaches. Furthermore, existing EU and CoE law has not suggested an ‘in-between’ approach, which exists in some national legal systems such as that of Germany. On that basis, this article suggests a number of amendments to current EU and CoE law.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-04-30T12:51:01Z
      DOI: 10.1177/20322844211008233
       
  • Hate crimes and the law: Introducing caste hatred as a public order
           offence
    • Authors: Zia Akhtar
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      The UK government has been provided with evidence that minorities who are of South Asian origin suffer discrimination based on ‘caste’ which is a particular characteristic of Indian sub-continental culture and society. It is prevalent in the Hindu diaspora in the UK and beyond. The issue that needs to be addressed is whether caste hatred can become part of any statutory definition of criminal law that will bring it on the same level as religious and racial hatred. This requires an analysis of the general category of hate crimes with a focus on the racial and religiously aggravated offences. The article examines several trends within the domestic legislative framework and case law as well as international law. It is proposed that caste should be considered as part of race for the purposes of hate crimes and that in the UK jurisdiction specifically Section 9 of the Equality Act 2010 should be amended to include caste as part of race which will then lead to caste hatred falling within the definition of a racially aggravated hate crime.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-04-30T08:15:33Z
      DOI: 10.1177/20322844211012095
       
  • European Criminal Bar Association statement of principles on the use of
           video-conferencing in criminal cases in a Post-Covid-19 World
    • Authors: Vânia Costa Ramos, Alexis Anagnostakis, Amedeo Barletta, Jaanus Tehver, Nicola Canestrini
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      This is a statement by the European Criminal Bar Association on the use of Video-Conferencing in Criminal Cases in a Post-Covid-19 World. It addresses the topic using a two-fold distinction between the use of remote hearings in domestic and in cross-border cases, on one hand, and the use of such of remote technology for conducting interviews of the suspect or accused in the pre-trial stages or at trial hearings, on the other hand. Recognising that these distinctive settings impact differently upon the seriousness of the interference with the fair trial rights and the rights of defence of the suspect or accused, and also upon the circumstances that must be weighed in order to assess whether restrictions are proportionate, adequate and necessary, the European Criminal Bar Association assesses whether the use of remote technologies in those different settings is acceptable and outlines proposals for further action in the field.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-04-29T03:58:05Z
      DOI: 10.1177/20322844211013541
       
  • Book Review: Research Handbook on Transnational Crime
    • Authors: Robert J. Currie
      Abstract: New Journal of European Criminal Law, Ahead of Print.

      Citation: New Journal of European Criminal Law
      PubDate: 2021-04-29T03:37:20Z
      DOI: 10.1177/20322844211012897
       
  • ECtHR Cases January–March 2021
    • Authors: Ben Wild
      Abstract: New Journal of European Criminal Law, Ahead of Print.

      Citation: New Journal of European Criminal Law
      PubDate: 2021-04-27T10:53:49Z
      DOI: 10.1177/20322844211012917
       
  • “Victims’ participation rights in the post-sentencing phase: The
           Netherlands in comparative perspective”
    • Authors: Alice K. Bosma, Marc S. Groenhuijsen, Max de Vries
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      Victims’ rights have proliferated rapidly over the past decades. However, the development of rights in the post-sentencing phase has lagged behind. In this article, we argue that victims’ rights may contribute to the acknowledgement of victims, something that victimological research suggests is important for victims’ well-being at every stage of criminal proceedings. We review a new Dutch law and a legislative proposal aiming to improve victims’ rights in the post-sentencing phase in relation to conditional release from prison and conditional discharge from forensic psychiatric hospital. More specifically, we compare these (proposed) victims’ participatory rights with those existing in the Canadian, Belgian and German framework. We argue for a strengthened position of the victim in the post-sentencing phase. We close by showing that the practical effectiveness of these proposed rights is put at risk by COVID-19 and states’ response to the same.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-04-27T09:10:17Z
      DOI: 10.1177/20322844211008232
       
  • Prosecuting political dissent: Discussing the relevance of the political
           offence exception in EU extradition law in light of the Catalan
           independence crisis
    • Authors: Sibel Top
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      Most extradition treaties contain a political offence exception clause, which precludes extradition from taking place when the concerned crime is considered to be political by the requested state. This clause has been abolished within the European Union (EU), where mutual trust prevails among Member States, allegedly rendering such safeguards obsolete. This article, however, seeks to question the commonly agreed outdatedness of the political offence exception clause within the EU framework, looking at the context of its abolition, the role Spanish authorities played in it at the time of its abolition, the way they have handled the Catalan crisis since 2017 and the exportation of the latter at the EU level. It argues that the situation in which Catalan exiles are today casts doubt over the obsolescence of safeguards such as the political offence exception and further contends that human and political rights safeguard mechanisms should not be perceived as hampering mutual trust and judicial cooperation in criminal matters in the EU.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-04-27T02:56:23Z
      DOI: 10.1177/20322844211004762
       
  • Book Review: A Peaceful Revolution: The Development of Police and Judicial
           Cooperation in the European Union
    • Authors: Andreas Karapatakis
      Abstract: New Journal of European Criminal Law, Ahead of Print.

      Citation: New Journal of European Criminal Law
      PubDate: 2021-04-22T06:03:13Z
      DOI: 10.1177/20322844211013675
       
  • Synopsis
    • Authors: Anna Oehmichen, Katrin Kayß
      Abstract: New Journal of European Criminal Law, Ahead of Print.

      Citation: New Journal of European Criminal Law
      PubDate: 2021-04-17T05:08:26Z
      DOI: 10.1177/20322844211013542
       
  • Book Review: Extradition Law: Reviewing Grounds for Refusal from the
           Classic Paradigm to Mutual Recognition and Beyond
    • Authors: Stefano Maffei
      Abstract: New Journal of European Criminal Law, Ahead of Print.

      Citation: New Journal of European Criminal Law
      PubDate: 2021-04-07T03:53:11Z
      DOI: 10.1177/20322844211003999
       
  • Book Review: The European Union as an Area of Freedom, Security and
           Justice
    • Authors: Elaine Fahey
      Abstract: New Journal of European Criminal Law, Ahead of Print.

      Citation: New Journal of European Criminal Law
      PubDate: 2021-03-30T05:56:54Z
      DOI: 10.1177/20322844211006283
       
  • A new ‘special relationship’ or a damage limitation exercise'
           EU–UK criminal justice cooperation after Brexit
    • Authors: Valsamis Mitsilegas
      Abstract: New Journal of European Criminal Law, Ahead of Print.

      Citation: New Journal of European Criminal Law
      PubDate: 2021-03-30T05:50:09Z
      DOI: 10.1177/20322844211006221
       
  • In absentia trials and standards relating to the summoning to trial of the
           accused person in EU Law, including reflections on the conformity of
           Portuguese criminal procedural law with the former
    • Authors: Alexandre Au-Yong Oliveira
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      In the light of the right to a fair trial and the possibility of in absentia trials, the main purpose of this article is to discuss the meaning of the concept of “having been informed, in due time, of the trial,” under Article 8(2a) of Directive (EU) 2016/343, read in parallel with Article 4a(1) (a) (i) of Council Framework Decision 2002/584/JHA. When thus read and taking into account the legislative history of the Directive, it seems that a different standard is foreseen for the summoning of the accused person for trial under each of the referred legal instruments. I then test the Portuguese standards for summoning the accused person for trial and trials in absentia under each of the possible standards.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-03-12T10:37:09Z
      DOI: 10.1177/2032284421994922
       
  • Dispute settlement and jurisdictional issues for law enforcement and
           judicial cooperation in criminal matters under the EU–UK trade and
           cooperation agreement
    • Authors: Albert Janet
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      The rules on dispute settlement of Part 3 of the Trade and cooperation Agreement provide for a consultation procedure between the Parties, to be held either within the framework of the Specialized Committee on Law Enforcement and Judicial Cooperation or within the framework of the Partnership Council. A decision by either of these bodies is considered a mutually agreed solution. The Parties may also reach a solution without involving these bodies. If no mutually agreed solution is reached, the complaining Party may suspend the Titles to which the breach pertains, and the respondent Party may suspend all of the remaining Titles. The Specialized Committee on Law Enforcement and Judicial Cooperation decides what measures are needed to ensure that any cooperation affected by the suspension of the Titles is concluded in an appropriate manner. The suspended Titles can be reinstated by the Parties if the breach no longer exists.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-03-03T04:28:04Z
      DOI: 10.1177/2032284421996022
       
  • Anti-money laundering and counter terrorist financing under the EU–UK
           Trade and Cooperation Agreement
    • Authors: Aurélia Grignon, Constance Ascione Le Dréau
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      Title X of the EU–UK Trade and Cooperation Agreement addresses cooperation between these two entities with regards to Anti-money laundering and counter terrorist financing. While these provisions state a common desire to pursue common efforts in this domain, there is no denying that Brexit will impact existing and contemplated cooperation channels.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-03-03T04:21:01Z
      DOI: 10.1177/2032284421995952
       
  • Cooperation with EU agencies and bodies under the EU–UK Trade and
           Cooperation Agreement: Eurojust, OLAF and the EPPO
    • Authors: Rebecca Niblock
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      This article will examine the provisions of Part III, Title VI of the Trade and Cooperation Agreement (TCA) on Eurojust. While the agreement in the TCA with regard to Eurojust allows cooperation to continue, the new arrangements amount to a significant change. The article also looks at cooperation between the UK and other EU agencies, specifically the European Anti-Fraud Office and the European Public Prosecutor’s Office, concluding that the practical impact of the UK’s departure from the EU is unlikely to be significant.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-03-03T04:16:01Z
      DOI: 10.1177/2032284421996051
       
  • Police cooperation and exchange of information under the EU–UK Trade
           and Cooperation Agreement
    • Authors: Paul Arnell, Stefanie Bock, Gemma Davies, Liane Wörner
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      Brexit has led to a realignment of police cooperation and information exchange between the EU and the UK. This has been affected by Titles II-V and IX of Part III of the Trade and Cooperation Agreement. The terms governing the exchange of DNA, fingerprint and vehicle registration data, the transfer and processing of passenger name record data, cooperation on operational information, membership of Europol and the exchange of criminal record information are henceforth governed by that instrument. This article describes the changes and comments upon how future EU-UK police cooperation may be impacted.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-03-03T04:10:59Z
      DOI: 10.1177/2032284421995572
       
  • Data protection and passenger name record in judicial criminal matters
           under the EU–UK Trade and Cooperation Agreement
    • Authors: Catherine Van de Heyning
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      The submission discusses the provisions in the EU–UK Trade and Cooperation Agreement on data protection as well as the consequences for the exchange of passenger name record data in the field of criminal and judicial cooperation. The author concludes that the impact of the Agreement will depend on the resolvement of the United Kingdom to uphold the standards of protection of personal data equivalent to the EU’s in order to reach an adequacy decision.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-03-03T04:04:55Z
      DOI: 10.1177/2032284421994920
       
  • Human rights and the rule of law in judicial cooperation in criminal
           matters under the EU–UK Trade and Cooperation Agreement
    • Authors: Wolfgang Schomburg, Anna Oehmichen, Katrin Kayß
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-03-03T03:38:17Z
      DOI: 10.1177/2032284421995933
       
  • Freezing and confiscation under the EU–UK Trade and Cooperation
           Agreement
    • Authors: Vânia C. Ramos, Gary Pons
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      This contribution presents a critical and practical analysis of the changes the EU–UK Trade and Cooperation Agreement brings to the recognition and enforcement of freezing and confiscation orders. It provides an overview of how this area of law may develop in the future post-Brexit.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-03-03T03:29:54Z
      DOI: 10.1177/2032284421995244
       
  • Mutual legal assistance under the EU–UK Trade and Cooperation
           Agreement
    • Authors: Anna Oehmichen, Ben Keith
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      This article provides an analysis of the new provisions in the EUUK Trade and Cooperation Agreement (TCA) that govern Mutual Legal Assistance in criminal matters. While only few provisions of the European Investigation Order are picked up by the TCA, it is mostly based on the Council of Europe’s European Mutual Assistance Convention of 1959. An overview on applicable law is provided, after which a closer look is taken at procedural aspects in general as well as specific differences between previously applicable and new provisions. In this respect, two conditions for issuing a request are considered, namely availability in similar domestic cases and proportionality. Grounds for refusal, provisional measures and legal remedies also are highlighted. The authors conclude that the new provisions leave a lot of unanswered questions and that while mutual legal assistance can continue, it will happen at reduced pace.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-03-03T03:21:50Z
      DOI: 10.1177/2032284421995938
       
  • Extradition under the EU–UK Trade and Cooperation Agreement
    • Authors: Edward Grange, Ben Keith, Sophia Kerridge
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      When the EU–UK Trade and Cooperation Agreement (TCA) was reached between the UK and the EU on 24 December 2020, it gave extradition practitioners only a few days to identify what, if anything, would remain from the European Arrest Warrant (EAW) system before it came into force on 1 January 2021. The article starts by setting out how the EAW was implemented in the UK prior to 1 January 2021, before turning to the TCA itself and what it means for extradition or ‘surrender’ between EU member states and the UK. In short, the EAW system no longer applies. The authors set out how the TCA provides a degree of continuity, now under the watchful eye of the UK–EU ‘Specialised Committee on Law Enforcement and Judicial Cooperation’. There are notable departures from the EAW system however, in both practical and legal terms, that open the door to increased scrutiny of extradition requests. The authors explore the impact these changes may have on the future of extradition with the EU27, to or from the UK.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-03-03T03:14:12Z
      DOI: 10.1177/2032284421995583
       
  • General provisions under the EU–UK Trade and Cooperation Agreement
    • Authors: Sören Schomburg
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      In its general provisions, the Trade and Cooperation Agreement (TCA) highlights the importance of the protection of Human Rights. The article describes the potential impact of the new rules under the TCA on (international) ne bis in idem and arrest warrants between the UK and EU Member States. It further explains the role of the Specialised Committee on Law Enforcement and Judicial Cooperation which is vested with a significant role.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-03-03T03:07:27Z
      DOI: 10.1177/2032284421994921
       
  • Brexit: First observations on the EU–UK Trade and Cooperation
           Agreement in criminal law
    • Authors: Wolfgang Schomburg, Anna Oehmichen
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      The authors share their first impressions of the EU–UK Trade and Cooperation Agreement in criminal law. After looking at how the Agreement came about and speculating about alternatives, criticism regarding the Agreement is voiced. This concerns the lack of transparency in the legislative process on a general level. Regarding the individual provisions, further points of criticism as well as such of particular interest are identified with reference to the respective articles in this issue. The first impression that the Agreement was developed quickly, without systematic approach, and thus leaves many loopholes and uncertainties, is confirmed. To conclude, however, some positive achievements are also highlighted.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-03-03T03:01:27Z
      DOI: 10.1177/2032284421996035
       
  • Book Review: The Constitutional Structure of Europe’s Area of
           ‘Freedom, Security and Justice’ and the Right to Justification
    • Authors: Konstantinos Zoumpoulakis
      Abstract: New Journal of European Criminal Law, Ahead of Print.

      Citation: New Journal of European Criminal Law
      PubDate: 2021-02-20T03:57:15Z
      DOI: 10.1177/2032284420987882
       
  • Counterterrorism and the rule of law in an evolving European Union: Plus
           Ça Change'
    • Authors: Valsamis Mitsilegas
      First page: 36
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      By taking the European Union (EU) as a principal focal point, this chapter will evaluate critically the rule of law challenges arising from the production and operation of counterterrorism norms. The article will focus on four case studies, two involving the rule of law ex ante (at the stage of adoption of EU law) and two involving the rule of law ex post (looking at its impact). In terms of ex ante rule of law challenges, the chapter will analyse the production of binding standards by the global executive and the trickle-down effect of these standards at the regional, EU and national level and the limits of scrutiny and justification of counterterrorism legislation on emergency grounds. In terms of rule of law ex post, the chapter will examine challenges of counterterrorism law to the principle of legality via over-criminalisation and the adoption of vague and broad definitions of terrorism, as well as challenges to the right to a fair trial and principle of effective judicial protection resulting from state arbitrariness in the mechanism of producing terrorist sanctions. The contribution will question whether the entry into force of the Lisbon Treaty, and the process of constitutionalisation of criminal law it entailed, has made a difference regarding the compliance of EU counterterrorism law with the rule of law.
      Citation: New Journal of European Criminal Law
      PubDate: 2021-02-02T09:46:45Z
      DOI: 10.1177/2032284420971783
       
  • Lodging an application with the ECtHR – The attorney’s
           perspective
    • Authors: Vânia Costa Ramos
      First page: 76
      Abstract: New Journal of European Criminal Law, Ahead of Print.

      Citation: New Journal of European Criminal Law
      PubDate: 2021-01-27T11:05:43Z
      DOI: 10.1177/2032284420972195
       
  • Book Review: The Court of Justice and European Criminal Law: Leading Cases
           in a Contextual Analysis
    • Authors: Alessandro Rosanò
      Abstract: New Journal of European Criminal Law, Ahead of Print.

      Citation: New Journal of European Criminal Law
      PubDate: 2020-12-23T10:16:58Z
      DOI: 10.1177/2032284420982393
       
  • Notes on the ECHR and the Disunited Kingdom ‘After’ Brexit – In
           memoriam Scott Crosby
    • Authors: Gavin Robinson
      First page: 4
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      When the idea of this special edition occurred to the team behind the New Journal of European Criminal Law, my first thought was to go back through all of Scott Crosby’s contributions in print as editor-in-chief and see whether a mini-retrospective on the themes and views therein would be worthy of inclusion here – by Scott’s own standards. These notes focus on what gradually became the single biggest concern expressed in Scott’s editorials: the perilous position of the European Convention on Human Rights (ECHR) in a post-Brexit UK – in concreto, the prospect of what he labelled ‘Brexit plus’: a British exit from the ECHR system. I begin with Scott’s views on the European Union (EU) Referendum and the Brexit process. Next comes the great uncertainty currently surrounding the future of Convention rights in the United Kingdom, set against the emphasis placed by the editorials on the instrumental role of the ECHR in fostering peace across the whole of Europe, within and beyond the territory of the EU. In the event that Brexit plus should materialise, writing in the wake of polls showing all-time record support in Scotland for secession from the United Kingdom I close by asking whether Scotland might be able to ‘leave a light on for Strasbourg’.
      Citation: New Journal of European Criminal Law
      PubDate: 2020-12-07T10:19:43Z
      DOI: 10.1177/2032284420976938
       
  • ‘Rechtsstaat’ and European criminal law – From the end
           of sovereignty
    • Authors: Stefan Braum
      First page: 14
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      Whoever punishes is sovereign.Those who punish fairly – or legitimately – are sovereign.At least that is how it was yesterday. But is it still the case today'Sovereignty is not what it used to be. Neither are punishments. What is the result' We do not know.I will try to explain the change of sovereignty in criminal law through the draft Regulation on the collection of electronic evidence. I am going to discuss three axes to set the framework for a critique.- What we know- What changes- What we can hope for or fear.
      Citation: New Journal of European Criminal Law
      PubDate: 2020-11-25T08:56:39Z
      DOI: 10.1177/2032284420973088
       
  • Specialty: Arresting an elusive ‘right’ in European
           extradition law
    • Authors: Alex Tinsley
      First page: 23
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      Specialty (a near-universal rule of extradition law whereby a person extradited cannot be prosecuted or punished for matters other than those for which they were extradited) is viewed traditionally as a tool to protect the sovereignty of the extraditing state, rather than as an individual right. A review of international material shows a dispute as to the existence of a rule or principle of specialty in customary international law and emphasises themes such as enforceability and standing of individuals to plead violations. Against that backdrop, the European situation is characterised by the presence of broad specialty rules which are not always implemented in legislation by requesting states, leading to refusal of extradition in some cases. Arguably, combinations of the EU law duty of conforming interpretation and European human rights law principles may offer tools to overcome such situations, approaching protection of specialty ‘rights’ whatever the original doctrinal rationale. If they do not, and international cooperation is further undermined by ineffective specialty protection, EU legislation or the development of soft law standards may be a useful way forward.
      Citation: New Journal of European Criminal Law
      PubDate: 2020-12-09T10:16:49Z
      DOI: 10.1177/2032284420976994
       
  • Castaño avoids a clash between the ECtHR and the CJEU, but erodes
           Soering. Thinking human rights transnationally
    • Authors: Sibel Top, Paul De Hert
      First page: 52
      Abstract: New Journal of European Criminal Law, Ahead of Print.
      This article examines the changing balance established by the European Court of Human Rights (ECtHR) between human rights filters to extradition and the obligation to cooperate and how this shift of rationale brought the Court closer to the position of the Court of Justice of the European Union (CJEU) in that respect. The article argues that the ECtHR initially adopted a position whereby it prioritised human rights concerns over extraditions, but that it later nuanced that approach by establishing, in some cases, an obligation to cooperate to ensure proper respect of human rights. This refinement of its position brought the ECtHR closer to the approach adopted by the CJEU that traditionally put the obligation to cooperate above human rights concerns. In recent years, however, the CJEU also backtracked to some extent from its uncompromising attitude on the obligation to cooperate, which enabled a convergence of the rationales of the two Courts. Although this alignment of the Courts was necessary to mitigate the conflicting obligations of European Union Member States towards both Courts, this article warns against the danger of making too many human rights concessions to cooperation in criminal matters.
      Citation: New Journal of European Criminal Law
      PubDate: 2020-12-28T09:21:58Z
      DOI: 10.1177/2032284420979746
       
  • Justice: Why bother' Reflections on why it might have mattered to
           Scott Crosby
    • Authors: Ben Wild
      First page: 69
      Abstract: New Journal of European Criminal Law, Ahead of Print.

      Citation: New Journal of European Criminal Law
      PubDate: 2020-11-25T08:55:38Z
      DOI: 10.1177/2032284420972196
       
  • Scott Crosby: Scotus Europae
    • Authors: George C. Gebbie
      First page: 88
      Abstract: New Journal of European Criminal Law, Ahead of Print.

      Citation: New Journal of European Criminal Law
      PubDate: 2020-11-30T09:18:30Z
      DOI: 10.1177/2032284420972197
       
  • A Lawyer’s Trinity: In memory of a compatriot from another nation
    • Authors: Andreas Bartosch
      First page: 93
      Abstract: New Journal of European Criminal Law, Ahead of Print.

      Citation: New Journal of European Criminal Law
      PubDate: 2020-12-09T10:16:09Z
      DOI: 10.1177/2032284420972822
       
  • Who defends the defenders' On endangered lawyers
    • Authors: Nicola Canestrini
      First page: 96
      Abstract: New Journal of European Criminal Law, Ahead of Print.

      Citation: New Journal of European Criminal Law
      PubDate: 2020-11-16T05:39:09Z
      DOI: 10.1177/2032284420972809
       
  • Words in memory of Scott Crosby
    • Authors: Alex Tinsley
      First page: 99
      Abstract: New Journal of European Criminal Law, Ahead of Print.

      Citation: New Journal of European Criminal Law
      PubDate: 2020-11-25T08:54:28Z
      DOI: 10.1177/2032284420972810
       
  • European Criminal Bar Association: Scott Crosby – In memoriam
    • Authors: Alexis Anagnostakis
      First page: 102
      Abstract: New Journal of European Criminal Law, Ahead of Print.

      Citation: New Journal of European Criminal Law
      PubDate: 2020-11-12T08:05:13Z
      DOI: 10.1177/2032284420972821
       
 
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