The ECPI is committed to achieving three project objectives: First, the definition of principles for a European law of criminal procedure. Second, the evaluation of current European legislative acts with regard to substantive criminal law. Third, two seminars for postgraduates and doctoral students will be held to discuss European criminal policy with the next generation of aspiring legal professionals.
Principles for a European law of criminal procedure
First, the ECPI will define principles for transnational criminal proceedings within the EU by directing its attention in particular to the necessity of outweighing the reinforcement of prosecution powers brought about by the mutual recognition of judicial decisions in criminal matters. Thus the different principles will serve to strengthen the suspect’s position in transnational criminal proceedings. Most of these principles will turn out to be facets of the fair trial principle, which can be regarded as the core requirement for criminal proceedings under the rule of law. In the future, these principles shall serve as a measure to evaluate the European legal instruments. These principles must not be derived from the laws of the Member States. Instead, they have to be enrooted directly in European Union law – i.e. primarily in the Treaties and the Charter of Fundamental Rights. The European Convention on Human Rights will provide another source for the genesis of these principles. Their relevance will be exemplified with various provisions taken from existing legislative acts to illustrate to what extent the European legislature has or has not respected these principles in the past.
Evaluation of current European legal acts in the field of substantive criminal law
Second, the ECPI will conduct a detailed evaluation of harmonising measures in the field of substantive criminal law (i.e. Conventions pursuant to the former Art. 34 (2) (d) TEU, Framework Decisions pursuant to the former Art. 34 (2) (b) TEU and Directives pursuant to Art. 249 (3) TEC / Art. 288 (3) TFEU) if they aim directly at the approximation of the Member States’ criminal law. Legislative acts which do not specify the character of sanctions that have to be imposed for infringements of the law shall therefore not fall under the scope of this project. The evaluation will cover, however, the instruments in the fields of terrorism, trafficking in human beings, sexual exploitation of women and children (including child pornography), illicit drug trafficking, fraud against the Union’s financial interests, money laundering, corruption, counterfeiting of means of payment, computer-related crime, organised crime, environmental crimes including maritime pollution, racism and xenophobia. As a result of this evaluation, for every legislative act a detailed proposal for amendments shall be presented and explained.
Seminars for postgraduates and doctoral students
Third, the ECPI will organise two seminars for postgraduates and doctoral students (15 participants each). One of them will concentrate on European criminal policy in the field of substantive criminal law harmonisation; the second one will deal with procedural issues in transnational criminal proceedings. They shall be open to applicants from all EU Member States who have specified in the fields of European criminal law and European criminal procedure. The seminars will not only offer an opportunity to present the project’s results to highly qualified young lawyers, but it will also allow young researchers to present their work and to exchange their ideas with colleagues concerned with similar projects. More information will be posted on this website once the dates for these seminars are fixed.