Artikel: Limitations of the Transnational ne bis in idem Principle in EU Law

The ne bis in idem principle is one of the most fundamental guarantees in criminal procedure law. It prohibits a second prosecution in cases that have already been concluded by a final decision. According to the traditional understanding, the principle excludes a duplication of proceedings only within the same jurisdiction. Art. 50 CFR, however, which was incorporated into primary EU law by Art. 6 TEU, extends the principle’s scope to the transnational sphere to the effect that a final decision in one Member State constitutes a bar to new proceedings in other Member States of the EU as well. While this transnational ne bis in idem guarantee in principle allows for limitations, these must meet the requirements provided for by Art. 52 para. 1 CFR.

Read More
Print Friendly and PDF ^

Nieuwe EU-verordening verbetert en digitaliseert de grensoverschrijdende justitiële samenwerking

De Raad en het Europees Parlement hebben een nieuwe verordening aangenomen op basis waarvan een digitaal platform wordt opgericht. Het digitale platform moet het voor aanklagers en rechters – die in gemeenschappelijke onderzoeksteams samenwerken – gemakkelijker maken om informatie uit te wisselen en criminelen voor de rechter te brengen.

Read More
Print Friendly and PDF ^

The EPPO and the equality of arms between the prosecutor and the defence

This piece looks at the principle of equality of arms in EPPO proceedings, arguing that it should be looked at as a mandate for maximisation rather than only as a requirement of meeting certain minimum standards. It advocates for addressing the imbalance in a three-fold manner: in the short term, i) it is up to the EPPO itself to set its bar high and harmonise practices and procedures in a way that maximises the respect for the principle of equality of arms, by strengthening and harmonising the rights of defence; in the medium-term ii) to create a strong and harmonised set of procedural safeguards that addresses the systemic flaw and the fragmented legal protection, including the right to effective judicial review and substantive remedies, but also safeguards for intrusive acts of evidence-gathering, seizure and detention; and iii) to set avenues of direct access for the accused to the Court of Justice of the EU in respect of EU Law in EPPO proceedings.

Read More
, , , ,
Print Friendly and PDF ^

Artikel: The UK's Economic Crime and Corporate Transparency Bill

The UK has one of the world's largest and most open economies. This openness makes the UK appealing to investors and those looking to do business with UK-based entities. But this appeal also gives rise to legal and compliance vulnerabilities which are ripe for exploitation by those who are not welcomed by 'UK PLC': the bad actors who use the UK's financial infrastructure and system to perpetrate fraud and money laundering. While this is serious enough in its own right, such practices also fund organised crime in the UK and facilitate corruption overseas. This threat of illicit finance extends far beyond less reputable areas of business and finance – to the extent that it undermines legitimate business and has a significant impact on everyday society.

Read More
Print Friendly and PDF ^

Artikel: 'Organized crime feels strong enough to take on the state'

In December 2020, Mr. Mühl joined Europol after serving as the Head of Unit in the EU Policy and Coordination Unit at the Austrian Ministry of the Interior. He holds a Master of Arts degree in financial investigations and financial crime from Teesside University in the UK, and has graduated from the Austrian Police School and Academy. Mr. Mühl played a key role in establishing the Austrian FIU and ARO Office and was responsible for promoting related policies at the Council of the European Union during the Austrian EU Presidencies in 2006 and 2018. With over 35 years of experience working for various Austrian law enforcement authorities and for Europol (2006-2016), he specializes in financial investigations and organized crime, and has extensive experience in various managerial and operational tasks in this field. We spoke with Mühl about strategic priorities and day-to-day operations at EFECC.

Read More
Print Friendly and PDF ^