EuCLR 2012 Issue 3 Available

The third issue of the EuCLR 2012 is now available.

In this issue, Johan Boucht discusses the cross-border use of police powers within the EU. He discusses how European instruments to facilitate law enforcement cooperation (i.e. information exchange and operational cooperation) are implemented in the Nordic countries. The author puts a particular emphasis on the use of police powers on foreign territory and how the cooperation in the Nordic states exceeds the measures taken at the European level. Guillemine Taupiac-Nouvel examines the principle of mutual recognition in criminal matters by regarding it as both – a legal principle and (in a broader sense) as a new system of European cooperation in criminal matters and suggests a procedure for its implementation. Marta Muñoz de Morales Romero presents a paper on the basics for a new principle of legal reserve in supranational criminal law and calls upon legislatures to ensure the emergence of a rational criminal law. Georg Langheld takes a look at how the term „criminal law“ is employed in the inter-institutional fight between the Council and the Commission over competences to enact criminal law related legislation by evaluating the Union’s efforts to facilitate combatting road safety related traffic offences across borders. The author shows how the Union legislation lacks appreciation for fundamental criminal law principles with regard to this recent EU instrument. Carolina Villacampa Estiarte takes a close look at the Directive on Preventing and Combating Trafficking Human Beings from a victim-centric perspective and compares this instruments to previous measures taken by the EU and in other international contexts. Maria Kaiafa-Gbandi evaluates the Commission’s Proposal for a Directive on the fight against fraud to the Union’s financial interests by means of criminal law on the basis on the Manifesto published by the ECPI and recommends amendments. Last but not least, Alex Tinsley of Fair Trials International presents his view on the case of Radu (C-396/11) brought before the Court of Justice.

We hope that readers will find this issue interesting and thank them for their interest in the journal.