By Stijn Lamberigts
Covaci is the first case dealing with two of the so-called Roadmap Directives on procedural safeguards in criminal proceedings, Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings and Directive 2012/13/EU on the right to information in criminal proceedings. The Roadmap Directives are the latest attempt of the EU to increase the mutual trust between Member States (MS) in the field of criminal justice, by establishing EU minimum rules for procedural safeguards. An earlier attempt failed and some have questioned the added value of the Roadmap Directives to the standards provided by the ECHR and the Charter of Fundamental Rights. Both the CJEU and the national courts can play a defining role in ensuring that the minimum rules of the Roadmap Directives really contribute to more effective defence rights throughout the EU. The preliminary ruling in Covaci seems to indicate that the CJEU is willing to take up that role – to a large, but not unlimited, extent. Continue reading
By Maxime Lassalle
The case C-105/14 Ivo Taricco and Others delivered on 8 September 2015 is a new example of activism of the EU Court of Justice (CJEU). It draws consequences from Åkerberg Fransson C-617/10 (already commented on this blog here and here), but this time goes in another direction as it extends the obligation of Member States in the field of criminal law for a more effective penalisation at the expense of national criminal procedure. Once again the obligations related to VAT collection are at stake, as was the case in Åkerberg Fransson, however this time from the point of view of the protection of the financial interests of the Union. In this field, the Member States have indeed the duty to counter fraud affecting the financial interests of the Union (Article 325 (1) TFEU), the so-called “PIF fraud” (where PIF is a French acronym for ‘protection des intérêts financiers de l’Union’). In particular, they are required to “take the same measures to counter fraud affecting the financial interests of the Union as they take to counter fraud affecting their own financial interests” (Article 325 (2)). In this Grand Chamber ruling, the Court took an opportunity to clearly express its will to include VAT fraud in the definition of PIF fraud and to significantly extend the obligations of the Member States to effectively penalize such fraud. Given the difficulties related to the ongoing negotiations on the project of PIF Directive, this decision is very timely. Continue reading
By Stephen Coutts
Citizenship is typically conceived of as membership in a political community, carrying with it certain rights and obligations, and especially the right to participate in the government of that community. Union citizenship has until recently been deficient in that regard. Despite the existence of a democratically elected assembly since 1979 in the form of the European Parliament, the links between this parliament and the status of Union citizenship have been ambiguous with the parliament representing not a single group of Union citizens but rather the ‘peoples’ of Europe, those peoples being defined by Member States and national law.
The Treaty of Lisbon changes that paradigm, stating boldly that the European Parliament represents no longer the peoples of Europe but rather the ‘citizens of the Union’. The link between Union citizenship and the European Parliament being made apparent, it was perhaps only a matter of time before the Court drew the conclusion that the rights of Union citizenship contained a stand-alone right to vote in European Parliamentary elections. That decision has just occurred in the judgment in Delvigne. Continue reading
Conference “The European Union as an Actor in International Economic Law”
University of Luxembourg, 1-2 October 2015. Deadline for registration: 30 September 2015.
Conference “Criminal Justice: Jurisprudence of the European Court of Justice – Today and Future”
Court of Justice of the European Union, 2-3 October 2015. (Paid) registration required.
Inaugural CMLRev Conference “Membership of the Union and Membership of the Euro”
University of Liverpool, 9 October 2015. (Free) registration required.
Workshop “Mutual Legal Assistance in the Digital Age: Problems, Challenges, Solutions for Criminal Justice”
University of Luxembourg, 15 October 2015. (Free) registration required.
Workshop “A balanced data protection in the EU: conflicts and possible solutions”
UM Campus Brussels, University of Maastricht, 19 October 2015. (Paid) registration required.
Conference “Migration Policy in the European Union – Current Challenges and Future Developments”
University of Luxembourg, 22-23 October 2015.
Call for submissions for the 2016 edition of the Hibernian Law Journal
Deadline for submissions: 31 October 2015.
EIUC Training for International Electoral Observers
Monastery of San Nicolò, 23-28 November 2015. Deadline for application: 30 October 2015.
Workshop “Victims in Europe – Needs, Rights, Perspectives”
University of Luxembourg, 16 November 2015.
Colloquium “The Environment in Court – Environmental Protection in National and International Courts, Tribunals, and Compliance Mechanisms”
PluriCourts, University of Oslo, 20-25 June 2016. Deadline for abstract submissions: 15 January 2016.
Conference “Hungarian Particularism in the European Union: Politico-Legal Perspectives”
Central European University, Budapest, 15 May 2015.
Conference “Chasing criminal money in the EU: new tools and practices”
University of Luxembourg, 15-16 June 2015. Deadline for registration: 22 May 2015.
Summer School “The EU Area of Criminal Justice”
Université Libre de Bruxelles, 29 June – 3 July 2015. Deadline for application: 31 May 2015.
Summer School “European Union Law and Policy on Immigration and Asylum”
Université Libre de Bruxelles, 29 June – 10 July 2015. Deadline for application : 5 June 2015.
Workshop “Constructive Links or Dangerous Liaisons? The Case of Public International Law and European Union Law”
Queen Mary School of Law, University of London, 25-26 June 2015. Deadline for registration: 23 June 2015.
By Angelo Marletta
Ne bis in idem is a fundamental principle of EU criminal law, protecting citizens against double prosecution, even in transnational situations. Yet what is more, since the entry into force of the Lisbon Treaty, the ne bis in idem principle has become a yardstick of the systemic impact of the Charter of Fundamental Rights of the European Union (CFREU) on secondary EU law.
One reason for this is that the ne bis in idem principle in Article 50 CFREU differs in some aspects from the principle as laid down in the Convention implementing the Schengen Agreement (CISA), which introduced transnational ne bis in idem in the EU legal order. In particular, the CFREU neither provides for the “enforcement clause” (Article 54 CISA) nor for the exceptions foreseen by Article 55 CISA, such as the national security exception. According to the enforcement clause, the transnational ne bis in idem bars further prosecution provided that, if a penalty has been imposed: a) it has been enforced, b) it is actually in the process of being enforced or c) it can no longer be enforced under the laws of the Contracting State. Since none of these enforcement conditions are mentioned by Article 50 CFREU, the question arose, when the CFREU became a source of primary EU law, whether those limiting conditions in the CISA are compatible with the CFREU, taking into account that the CFREU is a lex superior and posterior.
In the Spasic case (C-129/14 PPU, 27 May 2014) the Grand Chamber of the Court of Justice (CJEU) provided a partial and to a certain extent striking answer to this question, as this contribution will show. Continue reading
Call for Papers CJICL 2015 Conference: Developing Democracy – Conversations on Democratic Governance in International, European and Comparative Law
University of Cambridge, 8-9 May 2015. Deadline for paper proposals: 16 January 2015.
Call for Papers: Democratic Standards of and for Free Trade Agreements
Berlin, 24 April 2015. Deadline for paper proposals: 30 January 2015.
Call for Papers: Chasing Criminal Money in the EU: New Tools and Practices?
University of Luxembourg, 15-16 June 2015. Deadline for paper proposals: 31 January 2015.
By Michele Simonato
Ne bis in idem is one of the key principles of EU criminal law. On the one hand, it is an important individual safeguard for suspects and convicted persons in the EU, as it protects against double prosecution and double punishment. On the other hand, it is the only mechanism – although imperfect and insufficient – to regulate conflicts of jurisdiction in the Area of Freedom, Security and Justice (AFSJ). A final judgment in one Member State indeed prevents another Member State from (further) prosecuting the same person (again) for the same facts.
Last June the Court of Justice (CJEU) issued an important judgment regarding the scope of the transnational protection against double jeopardy. The decision of the CJEU further expands the concept of ‘final decision’ triggering the ne bis in idem, confirming the validity of the previously consolidated trend which, on the one hand, recognises a strong importance to the mutual trust between Member States, and on the other hand acknowledges the inherent link between ne bis in idem and the freedom of movement in the EU. Continue reading
By Claudio Matera
Maria Bergström and Anna Jonsson Cornell (eds.), European Police and Criminal Co-Operation, Swedish Studies In European Law, Volume 5, Hart Publishing 2014, 198 pages, ISBN: 978-1-84946-350-8
The fields of police and criminal law cooperation within the European Union have been significantly transformed and widened with the entry into force of the Lisbon Treaty in 2009; yet, they remain contested on a number of grounds. Maria Bergström and Annna Jonsson Cornell, the editors of the book under current review, argue that there are two main reasons for this. Firstly, they consider that this is because the two policies have a significant impact on the rights of individuals and on the relationship between the individual and the State; secondly, they consider that this is because policing and criminal law remain anchored to State sovereignty and the monopole of enforcement exercised by the States in these domains. Against this background, the different contributions of the book take stock of post-Lisbon developments in order to assess the extent to which the reform of 2009 and recent legislative initiatives relate to the two main controversial aspects identified by the editors. With legislative proposals such as the new Europol Regulation and the establishment of the European Public Prosecutor pending in Brussels, the book comes out at a time in which the powers of the EU in the fields are in the spotlight.
By Mario García
On 13 February, the Spanish Constitutional Court (“SCC” or the “Court”) handed down its awaited judgment in the Melloni case (STC 26/2014). The case concerned the problematic issue of differing levels of protection of fundamental rights at national and European levels in relation to the execution of a European Arrest Warrant (“EAW”). This affair was the source of the SCC’s first-ever preliminary reference to the Court of Justice of the European Union (“CJEU”). Following the CJEU’s ruling last year (Melloni, Case C-399/11, 26 February 2013), which has already been covered in this blog by V. Franssen, the SCC has now agreed to lower the degree of protection afforded by the Spanish Constitution in line with EU law.
By Vanessa Franssen
I plead guilty: this post on the Melloni ruling of the CJEU should have been written long ago. However, instead of invoking attenuating circumstances, I prefer to draw your attention to the reasons why a blog post on this case still is highly relevant today. First, Melloni is a true landmark case with respect to the relation between EU and national standards of fundamental rights in the field of criminal justice. Central issue in this case was whether Member States are still allowed to impose a higher level of fundamental rights’ protection for cross-border cooperation in criminal matters than the standard set by EU law. Second, Melloni has become ‘hot’ again thanks to the recent follow-up judgment of the Spanish Constitutional Court, which shows the real impact of the CJEU’s ruling and which will be discussed in a separate post by M. García García.
With the Directives on the right to information in criminal proceedings and the right to access to a lawyer successfully passed, the Proposal for a Directive on the strengthening of certain aspects of the presumption of innocence and the right to be present at trial in criminal proceedings marks a new step in the recent efforts of the Commission to create common EU framework of defence rights which minimally need to be respected by the Member States. The proposal entails two different aspects of the right to a fair trial as its subject matter (Art. 1-2). On the one hand, the proposal deals with the presumption of innocence and several related aspects of the right to a fair trial (Art. 3-7). On the other hand, the proposal also regulates the right to be present at one’s trial (Art. 8-9).