Suchergebnisse

"The European Union is today a major player in many policy areas, going from classic economic fields as competition policy, agriculture and fisheries policy to new emergent fields as environmental policy, arterial intelligence policy, security and foreign policy and criminal justice policy. These policies comes with an increasing level of EU regulation, having also a substantive impact on the harmonization of national policies and regulations. This expansion of EU competence naturally also places new demands on their enforcement, especially when it comes to investigations with the aim of imposing punitive administrative and/or criminal sanctions. In this expanded version of his valedictory lecture Prof. Vervaele is assessing 1) to what extent the EU and its Member States have a policy on punitive enforcement in the internal market and in the Area of Freedom Security and Justice and 2) how this policy translates into the harmonization of substantive administrative and criminal law and procedural law at the national level and into the elaboration of administrative and judicial cooperation instruments and the setting up of European enforcement agencies. The assessment includes to what extent this policy takes account of the human rights obligations. Vervaele concludes with a plea for a European model for punitive law enforcement with an increased alignment between the administrative enforcement tools in the internal market and the criminal enforcement tools in the Area of Freedom, Security and Justice. In this model the national enforcement authorities are build in under a network cooperation scheme."--

Intelligence sharing between intelligence and police services with a view to preventing and combating terrorism is high on the political agenda in Brussels and The Hague. The Netherlands is one of the few countries in the EU where this topic is subject of political scrutiny. It also led to controversial case law. Recently, Justice Minister Donner has used an expedited procedure to submit a legislative proposal concerning shielded witnesses. This Bill raises many questions, that concern, amongst others, the discretion of intelligence services to determine which information will be provided for use in criminal proceedings and the relationship between this discretionary power and the connected legal duty of secrecy on the one hand and the rights of the defence to test and question that information on the other. Furthermore, questions raise regarding the evidentiary quality of this information. The proposed rules also influence the legitimacy of criminal law and the position of the criminal courts. What effect does the paradigm of security-orientated thinking have on the historical connection between criminal law and the rule of law? This issue is also addressed in this article.

This book focuses on the enforcement aspect of tobacco control policy, and argues that the intense regulation of the tobacco market will never be successful as long as it can be circumvented by the availability of illicit tobacco products. Yet, current efforts to combat illicit tobacco trade are insufficient, suffering from several flaws and gaps at the regulatory and operational levels. The aim of this book is to provide an analysis of the legal framework and practice of enforcement with regard to illicit tobacco products. Combining criminological and legal perspectives, it presents and critically analyses the phenomenon of illicit tobacco trade, as well as the policies, legal frameworks and practices in six EU countries with regard to combatting this phenomenon, assessing the strengths and weaknesses of their approaches. Furthermore, it studies the relationship between the EU and third countries (e.g. Ukraine) in terms of how the EU can influence policy and enforcement in these countries in order to counter illicit tobacco trafficking. Not exclusively focusing on the EU, the book also includes an analysis of enforcement against illicit tobacco products in the US. The EU Member States analysed in the book (Belgium, Germany, Italy, Latvia, the Netherlands and Poland) reflect the range of currently available approaches. Some of them have ratified the WHO Protocol against tobacco smuggling; others have not. They belong to different legal traditions and face different challenges due to their respective border situations. While Belgium and the Netherlands are key entry ports to the EU, Poland and Latvia represent the Eastern land border of the EU, with various regional challenges. Italy has a long maritime border, where trafficking is possible from Northern Africa and from the Middle East. It also has significant experience in fighting organised crime. Lastly, Germany is the largest market in Europe and situated in the middle of these trafficking routes.

EU enforcement agencies are on the rise, entrusted with investigating breaches of EU law. What are the implications for legal practice of their increasing prominence? This books explores this pertinent question from a comparative perspective. Looking at issues of accountability and legitimacy, it sets out the perimeters on the agencies. Moving beyond the constitutional realm, it examines procedural questions such as admissibility of evidence. Given the very real implications of the agencies' investigations, this book will appeal to practitioners and scholars, in fields from criminal law to competition and banking law

The EU's membership enlargement in 2004 has generated narratives that problematise its new Eastern neighbourhood as part of the EU's security threats. Included in such perceived threats is illicit tobacco trade, which is the focus of this chapter and edited volume. Within the framework of the European Neighbourhood Policy, the EU has devised a voluminous number of political, legal, and financial instruments, aiming to facilitate the improvement of customs and border management to combat illicit tobacco trade. One of the most iconic in this regard is the EU's Border Assistance Mission to Moldova and Ukraine (EUBAM) established in 2005. EUBAM has provided legislative and administrative support to Moldova and Ukraine's authorities and conducted joint operations in combatting illicit tobacco trade. By providing an overview of some of the instruments to tackle the perceived security threat, the chapter sheds light on a fundamental ambivalence underlying the EU's approaches to its eastern neighbourhood, which may, in the long run, affect the effectiveness of the initiatives to combat illicit tobacco trade.

The EU's membership enlargement in 2004 has generated narratives that problematise its new Eastern neighbourhood as part of the EU's security threats. Included in such perceived threats is illicit tobacco trade, which is the focus of this chapter and edited volume. Within the framework of the European Neighbourhood Policy, the EU has devised a voluminous number of political, legal, and financial instruments, aiming to facilitate the improvement of customs and border management to combat illicit tobacco trade. One of the most iconic in this regard is the EU's Border Assistance Mission to Moldova and Ukraine (EUBAM) established in 2005. EUBAM has provided legislative and administrative support to Moldova and Ukraine's authorities and conducted joint operations in combatting illicit tobacco trade. By providing an overview of some of the instruments to tackle the perceived security threat, the chapter sheds light on a fundamental ambivalence underlying the EU's approaches to its eastern neighbourhood, which may, in the long run, affect the effectiveness of the initiatives to combat illicit tobacco trade.

On 10 March 2023, John Vervaele retired as professor of Economic and European criminal law at Utrecht University. On the occasion of that farewell, this liber amicorum was presented to him. It comprises 85 contributions, written in a variety of languages by friends, colleagues and former colleagues from all over the world.00In keeping with the tradition of the Willem Pompe Institute for Criminal Law and Criminology, the contributions are arranged around the following themes, which have also been central to John's work: criminal justice, core values and human rights; crime, criminology and criminal justice; criminal justice and European integration; corporate crime and the enforcement of socio-economic law; and conflicts and transitional justice.00The contributions are very worthwhile for an academic audience, as well as for legal practitioners