New Journal of European Criminal Law

The ne bis in idem provision in Article 50 CFR – which gained the status of primary law when the Lisbon Treaty entered into force – differs in some important details from the long known Article 54 CISA. For example, only the latter contains an explicit “enforcement clause” – that only executed sentences prohibit a second proceeding. We discuss a recent case decided by the District Court Aachen where this difference was relevant, and consider Article 54 CISA to be a (secondary) operational embodiment of the (primary) Article 50 CFR. Despite the “angst clause” in Article 51(1) CFR, the judicial rights specified in the CFR are at least applicable whenever national courts interpret Union laws. At this point in time, the official Explanations to the CFR guide the interpretation of the CFR, albeit not precluding future dynamic extensions of the scope of protection offered by the CFR.

This article discusses the issue whether European law permits framework decisions and directives to be transposed into prosecution policy guidelines, taking the Dutch implementation of the Framework Decision on the standing of victims as an example. Although this Framework Decision was initially intended to be transposed into guidelines of the Public Prosecution Service, the Dutch Government chose to include transposition in the revision of the Code of Criminal Procedure, combining efforts for improvement of the victim's position. This article discusses the legal status of Dutch victim policy and addresses the implementation of the relevant Framework Decision. This article concludes that it follows from the case law of the Court of Justice that the policy rules of the Public Prosecution Service do not have the legally binding nature that the transposition of the relevant Framework Decision requires.

The EU Directive on Transfer of proceedings in criminal matters will complete the range of modes of cooperation between the States of the European Union. Transfer of proceedings comes within the scope of mutual trust and recognition in the EU. It has the virtue not only of speeding up criminal procedures but also of achieving better social rehabilitation of the convicted person.

This contribution sets a background for the understanding of the Directive and provides comments on competence and applicable law, the two most controversial aspects of the transfer of proceedings under the Directive.

This article presents the last developments arisen in the protection of personal data in the sector of police and judicial cooperation in criminal matters since the implementation of the Treaty of Lisbon and their effects on the general legal protection of personal data in the European Union. It also defines and describes the elements that should be included in a general legal framework dedicated to the protection of personal data applicable within the whole territory of the European Union. This legal framework would guarantee the efficiency of the prevention and repression systems of the European Union, while insuring a real protection of personal data.