André Klip

Europeans First!: Petruhhin, an Unexpected Revolution in Extradition Law

This article discusses the offence of participation in a terrorist group or conspiracy under French law, as applied by the French criminal justice system to prosecute and convict individuals who travel or attempt to travel abroad to participate in armed jihad. In light of a critical assessment of decisions rendered by French courts in cases involving jihadi fighters, it proposes to reflect on the orientation of the criminal law in matters relating to the participation of European nationals in armed jihad in foreign territory. Expressing concern over the excessive reach of substantive criminal-law provisions and of related prosecutorial policies, the article argues that the current legal framework and newly proposed legislation no longer serve the legitimate objective of protecting public order and safety from a tangible threat, and that the criminal law is at risk of becoming a tool of ideological warfare against designated enemies of the state.

A disappointing first draft for an European Public Prosecutor's Office

The legislative proposal for the establishment of the European Public Prosecutor’s Office resolves some doubts, but also raises further questions. This chapter attempts to analyse to what extent the legislative proposal as it stands now could serve as legal basis for the functioning of the new office. In particular, three main issues are tackled: first, the question of substantive law for EPPO’s operations, second, accountability for human rights violations, and third, cooperation of the new body with Member States’ authorities. An analysis of proposed provisions in the present paper leads to a conclusion that the document in the current form requires more work to be done on the part of the legislator in order to make the battle of EU’s financial interests a won one.

On Victim’s Rights and its Impact on the Rights of the Accused

1 This Directive replaced, as of 16 November 2015 Framework Decision 2001/220 on the Standing of Victims. 2 In Dell’Orto, the Tribunale di Milano requested the Court to confirm precisely who and what is a “victim” under the Framework Decision. 28 June 2007, Case C-467/05, criminal proceedings against Giovanni Dell’Orto (2007) ecr i-5557. Is the Framework Decision also applicable in a situation where the victim is not a natural person but a legal person? The Court held that the Framework Decision only relates to natural persons. Confirmed in 21 October 2010, Case C-205/09, criminal proceedings against Emil Eredics, Mária Vassné Sápi (2010) not yet reported. Editorial

Mutual Legal Assistance in Criminal Matters in the Western Balkan

The central focus of the study is what obstacles might exist in national legislation and practice of the Western Balkan states that might hinder or complicate the efficiency of international cooperation, according to European standards. The states that are included in the study are all states that have expressed their wish to accede to the European Union (Albania, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, Serbia) and Croatia that already has become a Member State. The question “What could amount to impediments to international cooperation?” has been leading throughout the study. The study is therefore to be considered as problem-focused. The study analyses various forms of international cooperation, such as exchange of information, mutual legal assistance, extradition, transfer of proceedings, joint investigation teams, confiscation, as well as the transfer of judgements and prisoners.

Strafrecht in der Europäischen Union

Abstract I. Einleitung Am 7. 2.1992 wurde hier in Maastricht der Vertrag über die Europäische Union unterzeichnet. Dieser Vertrag setzte eine Entwicklung in Gang, aufgrund derer das Strafrecht nicht länger als allein nationale Angelegenheit betrachtet werden kann. Bewusst oder unbewusst wurden Schritte eingeleitet, die langfristig zu einem einheitlichen europäischen Strafrechtssystem führen könnten. Die Bedeutung, die diese fundamentale und strukturelle Verschiebung von der nationalen zur europäischen Ebene für Strafgesetzgebung, Strafrechtspolitik und Strafrechtswissenschaft hat, möchte ich an dieser Stelle näher darlegen.