The document discusses the European Arrest Warrant (EAW) and the principle of double criminality. It provides background on cooperation models in criminal matters within Europe. It then examines key features and common problems with the EAW, including differences between criminal justice systems. The document outlines the grounds for refusing an EAW based on double criminality. It analyzes relevant articles of the EAW framework decision and discusses approaches countries have taken in transposing the framework into national law. Case law from the Court of Justice of the European Union related to interpreting double criminality is also summarized. Finally, the document discusses the Puigdemont extradition case between Spain and Germany as an example related to double criminality.
This chapter summarizes the key provisions of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data. It outlines the stated goals of fighting terrorism and information sharing. It defines important terms like PNR data and competent authorities. The chapter describes what data will be collected and used for, including definitions of terrorist offenses and entities. It also summarizes provisions around data transfer, protection, sharing with other authorities, non-discrimination, sensitive data handling, and oversight.
This document discusses the European Arrest Warrant and the concept of mutual recognition between EU member states. It explains that the EAW was created to streamline the extradition process and increase efficiency by accelerating the transfer of individuals wanted for crimes. The document then examines how mutual recognition has affected justice and home affairs cooperation in the EU, leading to the development of the EAW. It notes some benefits of mutual recognition include promoting free movement of judgements, while drawbacks include reduced discretion for individual member states.
This document examines whether a person who is considered a resident of State A under a tax treaty between States A and B, but is also a domestic law resident of State B, can access the tax treaty between State B and a third state from which they derive income.
The document first provides background on the issue, noting that the updated OECD Commentary on Article 4 intends to prevent such dual residents from accessing treaties of their "loser" residence state. It then analyzes various aspects of the OECD Model Tax Convention's definition of resident in Article 4(1), including its application to diplomats and conduit companies. The document questions whether the OECD's interpretation that such dual residents cannot access the loser state's other
The document is a press release from the European Court of Human Rights summarizing several of its recent judgments. It includes summaries of 8 cases from various countries involving issues such as: failure to investigate a gang rape (Moldova), inability to access secret police files about a deceased father (Romania), prison overcrowding (Romania), conditions of pre-trial detention (Romania), fairness of criminal proceedings (Spain), and alleged police ill-treatment and lack of investigation (Switzerland).
This document provides the final voting list for a draft report on a proposed directive regarding the right to information in criminal proceedings. It contains a consolidated text that is the result of a compromise between various parties. The consolidated text replaces all previous amendment proposals. Voting will take place on the consolidated text and the legislative resolution.
Fundamental rights defense: strategic litigation EU crimilal lawNicola Canestrini
Stretegic litigation in EU criminal law aims to improve an effective use of a powerful yet underused tool to protect fundamental rights in the European Union: the Charter of Fundamental Rights (CFR).
This document provides a summary of key issues related to the rights of LGBTI persons according to judgments of the European Court of Human Rights. It discusses general and individual measures taken by states to implement the Court's judgments on topics such as decriminalizing homosexual relationships, combating hate crimes, legal gender recognition, access to social rights, same-sex partnerships, adoption/parental rights, and others. The document is intended to outline how states have safeguarded and protected LGBTI rights in compliance with European Court case law.
Competing Of The Main Criminal Offense With That Of Criminal Products Launderingirjes
This document discusses whether a person can be charged for both a main criminal offense and money laundering of proceeds from that offense. It analyzes different countries' approaches, with some allowing double charges and others not, based on factors like whether the offenses violate different legal interests. It argues that money laundering violates additional social interests like economic order by fueling further criminal activity. Therefore, charging someone for both offenses does not constitute double jeopardy as long as laundering affects a legally protected interest beyond that of the main crime. The document examines elements like motive and purpose that make money laundering a separate offense from the predicate crime.
This chapter summarizes the key provisions of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data. It outlines the stated goals of fighting terrorism and information sharing. It defines important terms like PNR data and competent authorities. The chapter describes what data will be collected and used for, including definitions of terrorist offenses and entities. It also summarizes provisions around data transfer, protection, sharing with other authorities, non-discrimination, sensitive data handling, and oversight.
This document discusses the European Arrest Warrant and the concept of mutual recognition between EU member states. It explains that the EAW was created to streamline the extradition process and increase efficiency by accelerating the transfer of individuals wanted for crimes. The document then examines how mutual recognition has affected justice and home affairs cooperation in the EU, leading to the development of the EAW. It notes some benefits of mutual recognition include promoting free movement of judgements, while drawbacks include reduced discretion for individual member states.
This document examines whether a person who is considered a resident of State A under a tax treaty between States A and B, but is also a domestic law resident of State B, can access the tax treaty between State B and a third state from which they derive income.
The document first provides background on the issue, noting that the updated OECD Commentary on Article 4 intends to prevent such dual residents from accessing treaties of their "loser" residence state. It then analyzes various aspects of the OECD Model Tax Convention's definition of resident in Article 4(1), including its application to diplomats and conduit companies. The document questions whether the OECD's interpretation that such dual residents cannot access the loser state's other
The document is a press release from the European Court of Human Rights summarizing several of its recent judgments. It includes summaries of 8 cases from various countries involving issues such as: failure to investigate a gang rape (Moldova), inability to access secret police files about a deceased father (Romania), prison overcrowding (Romania), conditions of pre-trial detention (Romania), fairness of criminal proceedings (Spain), and alleged police ill-treatment and lack of investigation (Switzerland).
This document provides the final voting list for a draft report on a proposed directive regarding the right to information in criminal proceedings. It contains a consolidated text that is the result of a compromise between various parties. The consolidated text replaces all previous amendment proposals. Voting will take place on the consolidated text and the legislative resolution.
Fundamental rights defense: strategic litigation EU crimilal lawNicola Canestrini
Stretegic litigation in EU criminal law aims to improve an effective use of a powerful yet underused tool to protect fundamental rights in the European Union: the Charter of Fundamental Rights (CFR).
This document provides a summary of key issues related to the rights of LGBTI persons according to judgments of the European Court of Human Rights. It discusses general and individual measures taken by states to implement the Court's judgments on topics such as decriminalizing homosexual relationships, combating hate crimes, legal gender recognition, access to social rights, same-sex partnerships, adoption/parental rights, and others. The document is intended to outline how states have safeguarded and protected LGBTI rights in compliance with European Court case law.
Competing Of The Main Criminal Offense With That Of Criminal Products Launderingirjes
This document discusses whether a person can be charged for both a main criminal offense and money laundering of proceeds from that offense. It analyzes different countries' approaches, with some allowing double charges and others not, based on factors like whether the offenses violate different legal interests. It argues that money laundering violates additional social interests like economic order by fueling further criminal activity. Therefore, charging someone for both offenses does not constitute double jeopardy as long as laundering affects a legally protected interest beyond that of the main crime. The document examines elements like motive and purpose that make money laundering a separate offense from the predicate crime.
Aleksandra Kowalik analyzes the classic extradition procedure in Europe and its disadvantages. She focuses on the relationship between extradition procedures in the UK and Poland. Under the European Extradition Convention of 1957, states had broad discretion on whether to extradite and could refuse based on citizenship or political offenses. The European Arrest Warrant of 2002 streamlined extradition between EU states by removing these exemptions. However, Kowalik notes ongoing issues like lack of detailed information provided by Poland to UK authorities and differences in criminal procedures that can delay cases. She argues increased cooperation between legal professionals in both countries, like joint training, is still needed to address these challenges.
The document discusses how Brexit may impact criminal law and cooperation in the EU. It describes several EU criminal law frameworks and agencies that the UK currently participates in, such as the European Arrest Warrant, European Judicial Network, Eurojust, and operations they have conducted. Leaving the EU could mean the UK loses access to these systems and procedures, hindering criminal investigations and extraditions between the UK and EU countries.
The ne bis in idem Principle in Proceedings Related to Anti- Competitive Agre...Michal
The document discusses the ne bis in idem principle in EU competition law. It provides that the ne bis in idem principle, which prohibits double jeopardy, is recognized as a general principle of EU law based on its inclusion in the European Convention on Human Rights and national laws of EU members. In EU competition law, the principle prevents undertakings from facing penalties for the same anti-competitive conduct in proceedings by both the European Commission and national competition authorities. However, it does not apply when proceedings involve authorities outside of the EU.
This document provides an overview of the jurisdiction and admissibility of the International Criminal Court as outlined in the Rome Statute. It discusses the four forms of jurisdiction the ICC possesses: temporal, personal, territorial, and subject-matter. Temporal jurisdiction refers to the time period of committed crimes. Personal jurisdiction involves which individuals can be prosecuted. Territorial jurisdiction covers which locations the ICC can exercise its powers. Subject-matter jurisdiction outlines the four international crimes the ICC can prosecute: genocide, crimes against humanity, war crimes, and crime of aggression. The document also examines the principles of complementarity and ne bis in idem regarding admissibility of cases.
Tax Crimes Prosecution - Principles, Procedures & Practical Insights into Cou...Olumide, Bidemi Daniel
The document outlines a presentation on tax crimes prosecution principles, procedures, and practical insights for courtroom successes. It discusses the nature and definition of tax crimes under Nigerian law, provides examples of some tax crimes, reviews important evidentiary rules for tax prosecutions, and gives practical tips for achieving courtroom successes including the importance of thorough investigation and teamwork.
This white paper discusses legal remedies for victims and states in the downing of Malaysia Airlines Flight MH17 over Eastern Ukraine in 2014. It analyzes potential cases before (1) the International Court of Justice to establish state responsibility, (2) the European Court of Human Rights to address human rights violations, and (3) the International Criminal Court or domestic courts to criminally prosecute individuals. Civil litigation options are also examined seeking compensation from Ukraine, the airlines, or Malaysia. The paper aims to help victims' families and governments pursue legal accountability and justice, though it will be a challenging and lengthy process.
This document summarizes several key principles of international criminal law:
- International criminal law prohibits serious crimes and holds individuals accountable for their commission. It is essential to punish violations of international humanitarian law to ensure respect for this body of law.
- States have jurisdiction within their own territories but international law recognizes some extraterritorial jurisdiction in certain circumstances based on principles like nationality, protection of security, or universal jurisdiction over core international crimes.
- Most legal systems have time limits for prosecuting minor crimes but international law and many national laws do not allow time limits for prosecuting serious international crimes like war crimes and crimes against humanity.
- Other principles of international criminal law include legality (no punishment without existing law), non
This document discusses legal professional privilege under the European Convention on Human Rights. It summarizes several key cases related to legal professional privilege that were decided by the European Court of Human Rights:
1) The Court found that legal professional privilege is protected under Article 8 and that strengthened protection is given to exchanges between lawyers and clients due to lawyers' fundamental role in a democratic society.
2) The Court held that Portugal violated Article 8 by failing to ensure proper procedural guarantees and judicial control when allowing disclosure of a lawyer's bank statements in a criminal tax fraud case against her.
3) The Court found violations of Article 8 in several cases involving secret surveillance or interception of communications between lawyers and their clients, noting this under
1. The existence of exceptions to state immunity for serious human rights violations has been debated in courts worldwide. Some years ago, courts in Europe ruled that states could not claim immunity for war crimes or crimes against humanity.
2. However, the ECHR has ruled in two cases (Al-Adsani and Jones) that granting immunity to states in civil proceedings for torture does not sanction torture or promote impunity, as criminal responsibility is not at issue. There are also debates around whether certain acts can never constitute official state acts.
3. The issue of state immunity for international crimes remains complex and uncertain under international law. The ECHR should not assume the role of modernizing international law in this area, but give
"Irrespective of the nature of the crimes committed when establishing cross-border groups with the mere appearance of lawfulness, financial gain seems to be the main triggering factor.", Mircea TEIS, Senior Associate specialising in Criminal Law at Tuca Zbarcea & Asociatii.
Review of the latest cases regarding jurisdiction in online disputes and intermediary liability, given at the IBC International Copyright Conference on 10 December 2014
This document discusses jurisdiction in international law as it relates to regulating the internet and the EU's "right to be forgotten" ruling. It makes the following key points:
1) Jurisdiction in international law is traditionally based on a state's territory and sovereignty, but modern economic law has challenged this through the "effects doctrine."
2) The EU's "right to be forgotten" ruling in Google Spain concerned private litigation between individuals and corporations, falling under private international law.
3) Orders to extend compliance with the ruling to Google's global domains raise questions about the territorial reach of the ruling under public and private international law.
4) The document aims to clarify concepts of jurisdiction in public and private
The Status of Acquitted Persons and the Exclusion ParadoxCarmel Shenkar
The document discusses the issue of finding countries to accept acquitted persons from the International Criminal Tribunal for Rwanda (ICTR) due to the UNHCR's broad interpretation of the refugee status exclusion clause. Specifically, it argues that while an indictment is sufficient for exclusion, a full acquittal is not sufficient to rebut the presumption of excludability, creating a paradox. It proposes that considering the proportionality of exclusion in cases of full acquittal, as already allowed in the Refugee Convention, would resolve this by weighing the acquittal against exclusion. Currently, three fully acquitted ICTR persons—Gratien Kabiligi, André Ntagerura, and Protais Zigitany
The document summarizes Serbia's judiciary and implementation of fundamental rights based on a screening report. It describes Serbia's judicial system, which includes basic, high, appellate and supreme courts, as well as commercial and misdemeanor courts. It also discusses Serbia's efforts to reform its judiciary through a new strategy and action plan to ensure independence, impartiality, and accountability. However, further efforts are still needed to build a solid track record, particularly in implementing new laws and strategies.
This document discusses recent cases decided in 2013 where the European Court of Human Rights ruled on the compatibility of austerity measures imposed in response to the European sovereign debt crisis with the European Convention on Human Rights. The court conferred a wide margin of appreciation to national legislators in defining public interest regarding austerity measures like cuts to social security benefits and pensions. However, this margin is not unlimited. The document analyzes this case law and examines potential limits on legislators regarding cuts to public sector salaries and pensions.
Significant development of the role of the International Criminal Court post ...Vilashini Devi
The International Criminal Court (ICC) was established in 2002 to prosecute serious international crimes. It was created due to the limitations of previous ad hoc tribunals which only addressed specific situations and crimes. The ICC has jurisdiction over genocide, crimes against humanity, war crimes, and crimes of aggression. While it has faced criticisms over issues like selectivity and sovereignty concerns, the ICC aims to end impunity for mass atrocities and bring justice to victims of serious international crimes.
"ALEKSEI PETRUHHIN" European court of Justice case analysis by Navinya Kamble...NAVINYAKAMBLE1
The responsibility of Member States to extradite individuals to third countries is generally within their jurisdiction. However, according to the ruling in Aleksei Petruhhin (Court of Justice, judgment of 6 September 2016, case C-182/15 [GC]), Member States must exercise this power in light of EU law, particularly when an extradition request may infringe on the fundamental rights of an EU citizen protected under the Treaties and the Charter of Fundamental Rights of the European Union. This is particularly relevant when an EU citizen has exercised their right to free movement by moving to another Member State. For instance, in the case of Petruhhin, an Estonian citizen who was residing in Latvia when Russia requested his extradition, the national law of Latvia did not extend the same level of protection against extradition to foreign citizens as it did to Latvian nationals. The Court of Justice deemed such extradition of an EU citizen to a third State generally prohibited under Art. 18 TFEU and only acceptable if prosecution in the home Member State is impossible. The case also confirms previous rulings that the extradition of an EU citizen is not permissible if their fundamental rights under the Charter are endangered in the requesting State. Such rights include the prohibition against torture and degrading treatment. Therefore, a rigorous verification of the level of protection of human rights in the related third State must be undertaken by the Member State before deciding whether to grant the extradition request.
Sahar Saqib - Research Essay (Final Year)saharsaqib
Articles 2 and 5 of the European Convention on Human Rights have impacted police powers in the United Kingdom in the following ways:
1) Article 2, the right to life, requires that deaths caused by police undergo effective investigations to prevent rights violations, as seen in Ramsahai.
2) Article 5, the right to liberty, places stricter limits on police detention powers, as analyzed in Austin regarding the practice of "kettling".
3) While increasing bureaucratic requirements, officers now view the Human Rights Act as legitimizing and protecting their work from criticism, as found in research by Bullock and Johnson.
Aleksandra Kowalik analyzes the classic extradition procedure in Europe and its disadvantages. She focuses on the relationship between extradition procedures in the UK and Poland. Under the European Extradition Convention of 1957, states had broad discretion on whether to extradite and could refuse based on citizenship or political offenses. The European Arrest Warrant of 2002 streamlined extradition between EU states by removing these exemptions. However, Kowalik notes ongoing issues like lack of detailed information provided by Poland to UK authorities and differences in criminal procedures that can delay cases. She argues increased cooperation between legal professionals in both countries, like joint training, is still needed to address these challenges.
The document discusses how Brexit may impact criminal law and cooperation in the EU. It describes several EU criminal law frameworks and agencies that the UK currently participates in, such as the European Arrest Warrant, European Judicial Network, Eurojust, and operations they have conducted. Leaving the EU could mean the UK loses access to these systems and procedures, hindering criminal investigations and extraditions between the UK and EU countries.
The ne bis in idem Principle in Proceedings Related to Anti- Competitive Agre...Michal
The document discusses the ne bis in idem principle in EU competition law. It provides that the ne bis in idem principle, which prohibits double jeopardy, is recognized as a general principle of EU law based on its inclusion in the European Convention on Human Rights and national laws of EU members. In EU competition law, the principle prevents undertakings from facing penalties for the same anti-competitive conduct in proceedings by both the European Commission and national competition authorities. However, it does not apply when proceedings involve authorities outside of the EU.
This document provides an overview of the jurisdiction and admissibility of the International Criminal Court as outlined in the Rome Statute. It discusses the four forms of jurisdiction the ICC possesses: temporal, personal, territorial, and subject-matter. Temporal jurisdiction refers to the time period of committed crimes. Personal jurisdiction involves which individuals can be prosecuted. Territorial jurisdiction covers which locations the ICC can exercise its powers. Subject-matter jurisdiction outlines the four international crimes the ICC can prosecute: genocide, crimes against humanity, war crimes, and crime of aggression. The document also examines the principles of complementarity and ne bis in idem regarding admissibility of cases.
Tax Crimes Prosecution - Principles, Procedures & Practical Insights into Cou...Olumide, Bidemi Daniel
The document outlines a presentation on tax crimes prosecution principles, procedures, and practical insights for courtroom successes. It discusses the nature and definition of tax crimes under Nigerian law, provides examples of some tax crimes, reviews important evidentiary rules for tax prosecutions, and gives practical tips for achieving courtroom successes including the importance of thorough investigation and teamwork.
This white paper discusses legal remedies for victims and states in the downing of Malaysia Airlines Flight MH17 over Eastern Ukraine in 2014. It analyzes potential cases before (1) the International Court of Justice to establish state responsibility, (2) the European Court of Human Rights to address human rights violations, and (3) the International Criminal Court or domestic courts to criminally prosecute individuals. Civil litigation options are also examined seeking compensation from Ukraine, the airlines, or Malaysia. The paper aims to help victims' families and governments pursue legal accountability and justice, though it will be a challenging and lengthy process.
This document summarizes several key principles of international criminal law:
- International criminal law prohibits serious crimes and holds individuals accountable for their commission. It is essential to punish violations of international humanitarian law to ensure respect for this body of law.
- States have jurisdiction within their own territories but international law recognizes some extraterritorial jurisdiction in certain circumstances based on principles like nationality, protection of security, or universal jurisdiction over core international crimes.
- Most legal systems have time limits for prosecuting minor crimes but international law and many national laws do not allow time limits for prosecuting serious international crimes like war crimes and crimes against humanity.
- Other principles of international criminal law include legality (no punishment without existing law), non
This document discusses legal professional privilege under the European Convention on Human Rights. It summarizes several key cases related to legal professional privilege that were decided by the European Court of Human Rights:
1) The Court found that legal professional privilege is protected under Article 8 and that strengthened protection is given to exchanges between lawyers and clients due to lawyers' fundamental role in a democratic society.
2) The Court held that Portugal violated Article 8 by failing to ensure proper procedural guarantees and judicial control when allowing disclosure of a lawyer's bank statements in a criminal tax fraud case against her.
3) The Court found violations of Article 8 in several cases involving secret surveillance or interception of communications between lawyers and their clients, noting this under
1. The existence of exceptions to state immunity for serious human rights violations has been debated in courts worldwide. Some years ago, courts in Europe ruled that states could not claim immunity for war crimes or crimes against humanity.
2. However, the ECHR has ruled in two cases (Al-Adsani and Jones) that granting immunity to states in civil proceedings for torture does not sanction torture or promote impunity, as criminal responsibility is not at issue. There are also debates around whether certain acts can never constitute official state acts.
3. The issue of state immunity for international crimes remains complex and uncertain under international law. The ECHR should not assume the role of modernizing international law in this area, but give
"Irrespective of the nature of the crimes committed when establishing cross-border groups with the mere appearance of lawfulness, financial gain seems to be the main triggering factor.", Mircea TEIS, Senior Associate specialising in Criminal Law at Tuca Zbarcea & Asociatii.
Review of the latest cases regarding jurisdiction in online disputes and intermediary liability, given at the IBC International Copyright Conference on 10 December 2014
This document discusses jurisdiction in international law as it relates to regulating the internet and the EU's "right to be forgotten" ruling. It makes the following key points:
1) Jurisdiction in international law is traditionally based on a state's territory and sovereignty, but modern economic law has challenged this through the "effects doctrine."
2) The EU's "right to be forgotten" ruling in Google Spain concerned private litigation between individuals and corporations, falling under private international law.
3) Orders to extend compliance with the ruling to Google's global domains raise questions about the territorial reach of the ruling under public and private international law.
4) The document aims to clarify concepts of jurisdiction in public and private
The Status of Acquitted Persons and the Exclusion ParadoxCarmel Shenkar
The document discusses the issue of finding countries to accept acquitted persons from the International Criminal Tribunal for Rwanda (ICTR) due to the UNHCR's broad interpretation of the refugee status exclusion clause. Specifically, it argues that while an indictment is sufficient for exclusion, a full acquittal is not sufficient to rebut the presumption of excludability, creating a paradox. It proposes that considering the proportionality of exclusion in cases of full acquittal, as already allowed in the Refugee Convention, would resolve this by weighing the acquittal against exclusion. Currently, three fully acquitted ICTR persons—Gratien Kabiligi, André Ntagerura, and Protais Zigitany
The document summarizes Serbia's judiciary and implementation of fundamental rights based on a screening report. It describes Serbia's judicial system, which includes basic, high, appellate and supreme courts, as well as commercial and misdemeanor courts. It also discusses Serbia's efforts to reform its judiciary through a new strategy and action plan to ensure independence, impartiality, and accountability. However, further efforts are still needed to build a solid track record, particularly in implementing new laws and strategies.
This document discusses recent cases decided in 2013 where the European Court of Human Rights ruled on the compatibility of austerity measures imposed in response to the European sovereign debt crisis with the European Convention on Human Rights. The court conferred a wide margin of appreciation to national legislators in defining public interest regarding austerity measures like cuts to social security benefits and pensions. However, this margin is not unlimited. The document analyzes this case law and examines potential limits on legislators regarding cuts to public sector salaries and pensions.
Significant development of the role of the International Criminal Court post ...Vilashini Devi
The International Criminal Court (ICC) was established in 2002 to prosecute serious international crimes. It was created due to the limitations of previous ad hoc tribunals which only addressed specific situations and crimes. The ICC has jurisdiction over genocide, crimes against humanity, war crimes, and crimes of aggression. While it has faced criticisms over issues like selectivity and sovereignty concerns, the ICC aims to end impunity for mass atrocities and bring justice to victims of serious international crimes.
"ALEKSEI PETRUHHIN" European court of Justice case analysis by Navinya Kamble...NAVINYAKAMBLE1
The responsibility of Member States to extradite individuals to third countries is generally within their jurisdiction. However, according to the ruling in Aleksei Petruhhin (Court of Justice, judgment of 6 September 2016, case C-182/15 [GC]), Member States must exercise this power in light of EU law, particularly when an extradition request may infringe on the fundamental rights of an EU citizen protected under the Treaties and the Charter of Fundamental Rights of the European Union. This is particularly relevant when an EU citizen has exercised their right to free movement by moving to another Member State. For instance, in the case of Petruhhin, an Estonian citizen who was residing in Latvia when Russia requested his extradition, the national law of Latvia did not extend the same level of protection against extradition to foreign citizens as it did to Latvian nationals. The Court of Justice deemed such extradition of an EU citizen to a third State generally prohibited under Art. 18 TFEU and only acceptable if prosecution in the home Member State is impossible. The case also confirms previous rulings that the extradition of an EU citizen is not permissible if their fundamental rights under the Charter are endangered in the requesting State. Such rights include the prohibition against torture and degrading treatment. Therefore, a rigorous verification of the level of protection of human rights in the related third State must be undertaken by the Member State before deciding whether to grant the extradition request.
Sahar Saqib - Research Essay (Final Year)saharsaqib
Articles 2 and 5 of the European Convention on Human Rights have impacted police powers in the United Kingdom in the following ways:
1) Article 2, the right to life, requires that deaths caused by police undergo effective investigations to prevent rights violations, as seen in Ramsahai.
2) Article 5, the right to liberty, places stricter limits on police detention powers, as analyzed in Austin regarding the practice of "kettling".
3) While increasing bureaucratic requirements, officers now view the Human Rights Act as legitimizing and protecting their work from criticism, as found in research by Bullock and Johnson.
Similar to European Arrest Warrant and double criminality. Florentino Ruiz Yamuza (20)
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
4. 1 European Arrest Warrant and double criminality. Cooperation models.
Models of international cooperation in criminal matters
material penal
4
A Geographical scope - International - Council of Europe
- Schengen Area - European Union
B Sources of Law - Bilateral Treaty -Multilateral Treaty
- European Union Instruments
C Cooperation models -Based on Mutual Assistance
-Based on Mutual Recognition
5. 2 European Arrest Warrant and double criminality. EAW features and problems.
European Arrest Warrant (EAW)
5
Features
a. Single form
b. Direct contact between
judicial Authorities
c. Short time limits
d. Surrender of nationals
e. Double criminality
f. Limited grounds for refusal
g. Mutual recognition/trust
based scheme
Common problems
a. Differences between Criminal
Justice systems.
b. Language barriers.
c. Lack of cooperation training
d. Attitude towards ICTs
e. Need to build, preserve and
increase mutual trust
f. Fundamental Rights protection
g. The X factor
6. 3 European Arrest Warrant and double criminality. Grounds for refusal scheme.
EAW FD Grounds for refusal and guarantees
6
- Amnesty
- Ne Bis in Idem
( Member State)
- Age
MANDATORY
GROUNDS FOR
REFUSAL Article 3 - Double criminality
- Proceedings
(Executing Member
State)
- Not to prosecute
- Halt
- Statute barred
(Member State)
- Preventing further
proceedings
- Ne Bis in Idem (3rd State)
- Nationals
- Territoriality
OPTIONAL GROUNDS
FOR REFUSAL Article 4
-In absentia cases
-Return of nationals
-Life sentences
GUARANTEES TO
BE GIVEN Articles
4 bis and 5
7. 4 European Arrest Warrant and double criminality. Articles 2(4) and 4(1) EAW FD.
Double criminality
7
The top 32
Article 2(2) Without verification of the double criminality
Rest of the offences
Article 2(4) "... the surrender may be subject to the condition that the acts
for which the European arrest warrant has been issued constitute an offence under
the law of the executing Member State, whatever the constituent elements or
however it is described.“
Article 4(1) "... the act on which the European arrest warrant is based
does not constitute an offence under the law of the executing Member State...."
(Taxes exception)
The top 32
Article 2(2) Without verification of the double criminality
Rest of the offences
Article 2(4) "... the surrender may be subject to the condition that the acts
for which the European arrest warrant has been issued constitute an offence under
the law of the executing Member State, whatever the constituent elements or
however it is described.“
Article 4(1) "... the act on which the European arrest warrant is based does
not constitute an offence under the law of the executing Member State...." (Taxes
exception)
8. 5 European Arrest Warrant and double criminality. Transposition models.
Transposition models
8
LRM. Spanish Act on Mutual
Recognition of Judicial decisions
in criminal matters in the European
Union, Art. 20
"when the order or judicial
decision received is to punish an
act classified as an offence other
than those foreseen in this Article,
their recognition and enforcement
may be submmitted to fulfilment of
the double criminality. requisite..."
IRG. German Act on International
Cooperation in Criminal Matters,
Art. 3(1), requires for extradition
that an offence is also an act
contrary to the German Law or,
mutatis mutandis, the offence
could also constitute a crime in
Germany.
9. 6 European Arrest Warrant and double criminality. Comparing offences.
Comparing offences
9
Comparison
In concreto
In abstracto
Aspects
Substantive (lex loci)
Procedural (lex fori)
Legal National provisions
CJEU case-law
Double criminality.
Correlation that exists in the
way criminal law has
categorised a form of behaviour
in two States which are
involved in an extradition
process.
10. 10
Conforming Interpretation
Pupino, 2005, Ognanyov, 2016
Uniform and autonomous
interpretation
Kozlowski, 2008
Wolzenburg, 2009
Spasic, 2014
Mutual recognition, limited
grounds for refusal, even
optional grounds might be
reduced, serving better
mutual recognition.
Wolzenburg, 2009
Restrictive interpretation of
exceptions to enforcement.
Double criminality
Grundza, 2017
EAW FD and Fundamental
Rights.Double criminality
Advocaten voor de Wereld,
2007Openbaar Ministerie v A, 2015
Human Rights standards of protection.
National and EU levels.
Melloni, 2011
Non discrimination
Lopes da Silva, 2012
Articles 47 and 48 CFREU
Radu, 2013
Respecting fundamental rights
Aranyosi-Caldararu, 2016
Preservation of fundamental rights
ML and LM 2018
Ne bis in idem
AY, 2018
CJEU
case law
Article 3(3) EAW FD
Minors
Piotrowski, 2018
7 European Arrest Warrant and double criminality. CJEU case-law.
11. 8 European Arrest Warrant and double criminality. Grundza judgment (I)
11
Arts. 7(3) and 9(1) d) FD 2008/909/JHA
§ 28 …”provision allows the executing State to make recognition of the
judgment and enforcement of the sentence subject to the requirement that the
condition of double criminality is met."
§ 33-36 Scheme
Checking the facts constitute an offence according to Executing MS Law
Exact match between constituent elements or name is not required
FD Wording context and objetive to be taken into account. Flexible approach
Relevant factors are those related to the congruence of the factual elements
underlying the crime, as reflected in the ruling passed in the issuing State and
the definition of a violation in the legislation of the executing State.
12. 9 European Arrest Warrant and double criminality. Grundza judgment (II). A judgment.
12
§ 46-49 Essential points to be verified. The legal classification echo.
"...whether the factual elements underlying the offence, as reflected in the
judgment handed down by the competent authority of the issuing State, would
also, per se, be subject to a criminal penalty in the territory of the executing State
if they were present there.”
" ... not whether an interest protected by the issuing State has been infringed, but
whether, in the event that the offence at issue were committed in the territory of
the executing State, it would be found that a similar interest, protected under the
national law of that State, had been infringed."
.The Openbaar Ministerie v A order.
The Issuing MS Law is the relevant in terms of penalty imposed.
Rejecting extradition via Art. 4(1) of the EAW FD requires that the facts for
which the person is requested are not in any way constituting an offence in the
executing MS. Neither the Art. 2(4), nor 4(1) or any other passage allow
establishing the condition of minimum punishable threshold, being the only frame
of reference in this regard that found in the legislation of the issuing State
13. 10 European Arrest Warrant and double criminality. The Piotrowski judgment.
13
Art. 3(3) EAW FD
EAW shall be refused if the requested person
"…may not, owing to his age, be held criminally responsible for the acts on
which the arrest warrant is based under the law of the executing State.”
The facts. PL requested the
surrender of a 17 citizen to be
tried as an adult.
Existing special regime in BE for
16-18, depending on detailed
circumstances to be assessed they
are tried as juvenile or as adults
The question.
How, in abstract or concretely, the
minor responsibility has to be
understood
In abstracto, he could be considered
criminally responsible.
In concreto a series of complicated
concurrent factors should be taken
into account to grant the surrender.
The decisión
THE CJEU rejected a detailed assessment, stating that the conduct of an
evaluation before a surrender was contrary to the purpose of a system of
cooperation based on mutual recognition. In line with AG opinion Advocate who
noting that this type of operation of specific determination of responsibility would
deprive mutual recognition of any useful effect.
14. 11 European Arrest Warrant and double criminality. The Grundza-Piotrowski paradox.
14
Grundza
FD 2008/909/JHA
Arts. 2(4) and 4(2) EAW FD
Acussation or conviction cases.
Grounds for refusal restrictive
interpretation.
Considerable degree of ad hoc
appreciation beyond a general and
abstract examination.
Piotrowski
Art. 3(3) EAW FD
Grounds for refusal restrictive
interpretation
Particular comparison cannot go so
far as to put the executing judicial
authority in the position of reviewing
the whole case again as this is
incompatible with the principle of
mutual recognition.
-Impact of A case, the importance of penalty to assess offences homology.
-Diagonal interpretation (§ 56 AG opinion in Grundza)
-Essential elements to be weighed to check correspondence beyond criminal
taxonomy to conclude a similar interest is protected in both MS.
-Obligation of the executing MS to determine correspondence? Different
interpretation in a homogenous crime that is under the same or similar
denomination in both States or additional sweep to detect any other possible
coincidence of protected interests.
15. 12 European Arrest Warrant and double criminality. The Puigdemont case.
The situation
15
16. 13 European Arrest Warrant and double criminality. The Puigdemont case. Facts.
16
A Causa Especial núm. 3/20907/2017. Supreme Court EAW to Germany
requesting Mr Puigdemont extradition to Spain to be tried for the crimes of rebellion
(Art. 472 and related articles of the Criminal Code) and embezzlement of public
funds (Art. 432 in relation to Art. 252 of the same Act). The German Prosecutor
informed in favour of the extradition.
B The Higher Regional Court of Schleswig-Holstein, on the 05-04.18 ruled out
rebellion ab initio, released Mr Puigdemont and regarding the embezzlement
opened the possibility of surrender and for the Prosecutor to ask Spain for
supplementary information according to IRG, Arts. 12, 15 and 30.
C -Coordination meeting at Eurojust HQ, 12.04.18
-Addtional information and documents to German Court, 26.04.18 while
suggesting the consideration of treason instead of rebellion
-German Prosecutor reiterated the request for all charges, 01.06,18.
Correspondece between embezzlement and corruption (Art. 2(2) EAW FD) and
between rebellion and high treason (Art. 81 StGB). The Court had exceeded its
authority by entering into the merits of the case.
-The Court ratifies its first decisión, 12.07.18
17. 14 European Arrest Warrant and double criminality. The Puigdemont case. Reasoning.
17
1. Rebellion is not in Art. 2(2) of the EAW FD (Art. 81 IRG).
2. IRG (Arts. 3(1) and 81(4) verification that the facts would be a crime in Germany,
analogous conversion guideline.
3. Arts. 81 and 82 of the German Criminal Code (StGB), high treason against the
Federation or against a State of the same, would not be applicable. Locative
exegesis [or exegeis ratione loci in latin], imagining the events as occurring in
Germany. German case-law Frankfurt airport in 1983.
4. Art. 81(1) StGB comparable with rebellion in Spain.Riots in Catalonia does not
amount to be categorised as a crime since it was not from an entity such as to
pose a real threat to bend the will of the government.
5. Embezzlement (corruption), an information deficit, Art. 83a(1)5 IRG allowing the
crime to be attributed to the behaviour of the defendant.
18. 15 European Arrest Warrant and double criminality. The Puigdemont case. Commentary.
18
German transposition model influence.
Reinforced double criminality and Grundza doctrine.
Equalising of an EAW request to an extradition request made by a third State.
Assessment of he violence, according to German Law, strongly criticised in Spain.
StGB Arts. 83, 89a, 90a , 111, 113, 125.preparation of an enterprise aimed at high
treason, disobedience, resistance, rioting and others, similarities with rebellion in
Spain, might have been used.
Appropriateness of refusal ad limine of EAW. (Two-tier Aranyosi-Caldararu
verification)
Possibility of broaden the level of analysis (following Grundza § 47 and 49)
Case Importance (Rule of Law, Arts. 1bis and 3 bis TEU) Exhausting construction
possibilities but not ad hominem interpretation.
Procedural options for the Spanish Court
Preliminary ruling (Art. 267 TFEU) and AY doctrine
Accepting the surrender just for the embezzlement offence
Others
19. 16 European Arrest Warrant and double criminality.
19
"...is first and foremost, for the executing Member State to trust the
actions of the issuing Member State. However, the issuing Member State
must also trust the actions of the executing Member State when the latter
relies on grounds of refusal of execution of an EAW. Once the issuing
Member State begins to apply and interpret the law of the executing
Member State and attempts to ascertain whether the latter has correctly
applied the law, it moves dangerously close to a breach of that mutual
trust."
Advocate General Szpunar, opinion in the AY case, paragraph 32
20. 17 European Arrest Warrant and double criminality. The Puigdemont case. References.
20
Causa Especial núm. 3/20907/2017. Slide 13.
http://www.poderjudicial.es/cgpj/es/Poder-Judicial/Noticias-Judiciales/El-Tribunal-
Supremo-condena-a-nueve-de-los-procesados-en-la-causa-especial-20907-2017-
por-delito-de-sedicion
Eurojust Case Law by the Court of Justice of the European Union on the
European Arrest Warrant. Slide 7.
http://www.eurojust.europa.eu/doclibrary/Eurojust-
framework/caselawanalysis/Case%20Law%20by%20the%20Court%20of%20Justic
e%20of%20the%20European%20Union%20on%20the%20European%20Arrest%2
0Warrant%20(October%202018)/2018-10_EAW-case-law_EN.pdf
IRG. Slide 13. http://www.gesetze-im-internet.de/englisch_irg/
Spanish Criminal Code. Slide 13.
https://www.legislationline.org/download/id/6443/file/Spain_CC_am2013_en.pdf
StGB. Slide 14. http://www.gesetze-im-internet.de/englisch_stgb/index.html
21. 17 European Arrest Warrant and double criminality. The Puigdemont case. Judgments
21
CJEU case-law
Case C-289/15, Grundza, EU:C:2017:4
Joined cases C-404/15 and 659/15, Aranyosi-Caldararu, EU:C:2016:198
Order C-463/15PPU, Openbaar Ministerie v A., EU:C:2015:634
Case C 268/17,AY. AG Opinion EU:C:2018:317
Judgment EU:C:2018:602
Case C-367/16, Piotrowski, EU:C:2018:27