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by John A.E. VERVAELE - article

Ne bis in idem: Towards a transnational constitutional principle in the EU?

Citizens and companies globalize: they are increasingly making use of their rights to free movement, to free settlement, to offer services and goods, to realize financial transactions, etc. Enforcement systems, including the criminal justice system, have to follow suit. They are obliged to go abroad to gather evidence, for the detention and extradition or surrender of suspects, to confiscate...
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by Lorena BACHMAIER-WINTER - article

Transnational criminal proceedings, witness evidence and confrontation: Lessons from the ECtHR's case law

A single European area of freedom, security and justice requires new models of judicial cooperation in criminal matters to be put in place in order to efficiently combat transnational organized...
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by Sabine GLESS and John A.E VERVAELE - article

Law Should Govern: Aspiring General Principles for Transnational Criminal Justice

In this special issue of the Utrecht Law Review, we will concentrate on the jurisdiction to prescribe and adjudicate. In order to do so, we will first define the notion and concept of...
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by Sabine GLESS - article

Transnational Cooperation in Criminal Matters and the Guarantee of a Fair Trial – Approaches to a General Principle

Do the accused and his defence lawyer become even lonelier in the space between different jurisdictions, because we lack an overarching framework for guaranteeing a fair trial? This question...
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by Gerard CONWAY - article

Holding to Account a Possible European Public Prosecutor: Supranational Governance and Accountability Across Diverse Legal Traditions

The Lisbon Treaty provides a legal basis for the Member States of the European Union (EU) to establish a European Public Prosecutor (EPP) with competence to prosecute, in the courts of the Member...
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by Michiel LUCHTMAN - article

Towards a Transnational Application of the Legality Principle in the EU’s Area of Freedom, Security and Justice?

The Treaty of Lisbon formulates ambitious goals for the European Union. It holds that the EU shall offer its citizens an area of freedom, security and justice, in which the free movement of...
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by Andrew ASHWORTH - book

Positive obligations in criminal law

This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the...
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