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Articles de revues sur le sujet « Criminal justice, Administration of – European Union countries »

Auteur : Grafiati

Publié le 10 mars 2023

Mis à jour le 31 juillet 2025

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1

Çeku, Orhan. "'Ne Bis In Idem' Principle in Criminal Proceedings – Comparative Analysis with International Instruments and Kosovo Legislation." Access to Justice in Eastern Europe 6, no. 3 (2023): 1–13. http://dx.doi.org/10.33327/ajee-18-6.3-a000308.

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Criminal procedure law consists of legal principles, such as a fair and impartial trial and within a reasonable time, presumption of innocence, the principle "in dubio pro reo," independence of the court, equality of parties, the principle "ne bis in idem"etc. Among the main principles recognised by International Conventions, the Constitutions of States, and Criminal Procedure Laws is the principle, “The right not to be tried twice for the same offence," or as it is also known, "ne bis in idem." The principle “in bis in idem” is used in Kosovo’s criminal proceedings, and recognition of this pr

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de Jonge, Boudewijn. "Transfer of criminal proceedings: from stumbling block to cornerstone of cooperation in criminal matters in the EU." ERA Forum 21, no. 3 (2020): 449–64. http://dx.doi.org/10.1007/s12027-020-00616-8.

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AbstractMost forms of international cooperation in criminal matters have now been regulated to some extent by European Union legislation. One classical form of cooperation has been so far largely immune from influence by the EU legislator, however. This is the area of transfer of proceedings. This article provides an overview of the current situation and argues that new life should be blown into earlier initiatives to improve this form of cooperation. Harmonisation in this area will prove an important step to facilitate the proper administration of justice in the common Area of Freedom, Justic

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Gwoździewicz, Sylwia. "THE MINORS IN PENAL SYSTEMS IN SELECTED COUNTRIES OF THE EUROPEAN UNION." International Journal of New Economics and Social Sciences 1, no. 1 (2015): 0. http://dx.doi.org/10.5604/01.3001.0010.3758.

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In foreign jurisdictions, various models of responsibility for juvenile offenses are adopted. In many countries, like Poland, entirely separate regulations in this field are adopted (England and Wales, Austria, Belgium, Czech Republic, France, Spain, Ireland, Germany, Scotland, Switzerland, Sweden). In other countries like (Slovakia, Belarus, Estonia, Greece to 2003, the Netherlands, Lithuania, Russia, Slovenia, Ukraine), there are specific rules of responsibility of minors included in criminal codes and codes of criminal proceedings. Different solutions in this regard are partly due to the di

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Lukianchuk, Y. L. "International cooperation between Ukraine and criminal justice agencies of the European Union." Uzhhorod National University Herald. Series: Law 4, no. 88 (2025): 91–96. https://doi.org/10.24144/2307-3322.2025.88.4.13.

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The article explores the key aspects of international cooperation between Ukraine and the criminal justice authorities of the European Union. It analyzes the concept of criminal justice within the EU, which encompasses a set of legal, institutional, and procedural mechanisms aimed at ensuring criminal justice, preventing and investigating crimes, and holding perpetrators accountable. It is established that the EU criminal justice system includes the following key elements: law enforcement agencies, prosecutorial authorities, judicial institutions, as well as specialized European agencies that

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Maslennikova, L. N., and T. E. Sushina. "Experience of Criminal Proceedings Digitalization in the Federal Republic of Germany and Possibilities of its Use in the Criminal Proceedings Digitalization in Russia." Actual Problems of Russian Law 15, no. 6 (2020): 214–24. http://dx.doi.org/10.17803/1994-1471.2020.115.6.214-224.

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The paper analyzes the experience of digitalization of the criminal justice of the Federal Republic of Germany as one of the leading states of the European Union with a high level of informatization of the public administration mechanism. The study of German theory and practice allowed us to conclude that the criminal justice of Germany is quite successful in adapting to the new digital reality and that it is possible to use positive experience in developing the Russian concept of building criminal justice that provides access to justice in the development of digital technologies. It is propos

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Pohoretskyi, M. A., and Ye I. Lysachenko. "ADMISSIBILITY OF EVIDENCE IN THE CRIMINAL PROCEDURE LAW OF THE EUROPEAN UNION AND ITS IMPACT ON CRIMINAL JUSTICE IN UKRAINE." Herald of criminal justice, no. 3-4 (2022): 20–34. http://dx.doi.org/10.17721/2413-5372.2022.3-4/20-34.

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The article is devoted to the study of admissibility of evidence in the criminal procedural law of the European Union and its impact on criminal justice in Ukraine. Authors analyze the legislative regulation and scientific approaches to determining the admissibility of evidence in European countries. The article establishes that there is no unity among the EU member states in determining the legal nature of the admissibility of evidence in criminal proceedings, namely: there are legal systems that strictly filter the information admitted to the trial (the so-called «controlled systems»), and l

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Barbu, Denisa. "Remedy Action for Judicial Errors Committed in Criminal Proceedings in the Light of the Provisions of the European Convention of Human Rights and the Practice of the European Court of Human Rights." Logos Universality Mentality Education Novelty: Law 10, no. 2 (2023): 01–12. http://dx.doi.org/10.18662/lumenlaw/10.2/72.

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In its desire to integrate into the European Union and to close chapter 24 of accession, entitled "Internal Affairs and Justice", Romania adopted a series of regulations in criminal matters aimed at ensuring the alignment of our legislation with that of the countries of the European Community. However, our country remained unable to openly recognize its gaps and mistakes in this field, as well as to take measures in the sense shown. Thus, the New Code of Criminal Procedure remained, further, very restrictive, not fully clarifying the hypothesis of persons sent to court in a state of freedom an

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Hamitov, Radik N., Dmitriy Yu Tumanov, and Rinat R. Sakhapov. "Origin of a Jury Trial in the European Countries." Journal of History Culture and Art Research 6, no. 5 (2017): 152. http://dx.doi.org/10.7596/taksad.v6i5.1286.

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<p>Traditionally it is believed that the birthplace of the jury trial creation is England, but the issue of the birthplace location of this particular form of popular participation in the criminal justice administration is not yet fully resolved by the historical science. The continental lawyers were particularly interested in the jury trial among other institutions of English law, in which the English themselves identified the stronghold of the country's law and order, its political and civil freedom. It is not difficult to see that the main role was not played by the judges, but by the

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Dudka, Katarzyna. "The Scope of Necessary Changes in the Provisions of the Criminal Procedure Code in the Context of Poland’s Accession to the European Public Prosecutor’s Office." Studia Iuridica Lublinensia 33, no. 5 (2024): 45–55. https://doi.org/10.17951/sil.2024.33.5.45-55.

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In December 2023, the Polish Minister of Justice issued a statement on Poland’s accession to the European Public Prosecutor’s Office (EPPO), seeing this as an opportunity to strengthen cooperation in criminal matters between the countries of the European Union. The European Commission confirmed Poland’s participation in the EPPO’s on February 2024. As a result, it was necessary to determine whether amendments to the Criminal Procedure Code were necessary in connection with the functioning of the European Public Prosecutor in the Polish legal system. The article presents proposals for the most

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Fenyk, Jaroslav. "Projekt modelového trestního práva Corpus Juris a právo na spravedlivý proces." AUC IURIDICA 52, no. 1 (2025): 35–44. https://doi.org/10.14712/23366478.2025.101.

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The establishment of an area of freedom, security and justice was one of the main objectives of the Treaty of Amsterdam. Measures to harmonize criminal law as well as judicial cooperation in criminal manners are indivisible part of this objective. Conclusions of the European Council meeting at Tampere (1999) stipulated which measures are needed so as to guarantee the real mutual recognition of judicial decisions in criminal matters, including the pretrial decisions, and to guarantee the free circulation of criminal evidence. The Corpus Juris study (1997) had introduced a number of guiding prin

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Verbruggen, F., and K. Verhesschen. "European arrest warrants and time-barred enforcement in the state of residence of the convicted person: Too much, too late!" New Journal of European Criminal Law 11, no. 1 (2020): 40–53. http://dx.doi.org/10.1177/2032284420901781.

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The principle of mutual recognition is considered ‘the cornerstone of judicial cooperation’ in the European Union (hereafter EU). It requires Member States to recognise judicial decisions of other Member States, thus enabling a swift administration of justice. Within the field of criminal law, the Court of Justice of the European Union (hereafter CJEU) links this principle explicitly to the prevention of impunity, most clearly in the Popławski decision (following previous hints in Spajic or Petruhhin). It invokes this principle to oblige a Member State to execute a European arrest warrant (her

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Semykina, Olga I. "Progressive Justice Abroad: Strategies for the Digital Transformation of the Judiciary." Journal of Foreign Legislation and Comparative Law 20, no. 5 (2024): 37. https://doi.org/10.61205/s199132220029253-4.

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The extrovert and cyclical cyber transformation of social relations arising in the sphere of criminal law conflict resolution has led to the creation of a cluster of cross-sectoral principles of algoritic modernization of justice and provided an opportunity to conduct a comparative legal analysis of the progressive digital development (intellectualization) of national justice ecosystems. Overcoming the “conservation” of procedural institutions, the search for inclusive legal and managerial solutions taking into account new trends in the algorithmic modernization of criminal justice are among t

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Pasic, Iman, and Manuel David Masseno. "Analysis of the access to electronic communications metadata for the porposes of criminal law enforcement in Bosnia and Herzegovina." Revista do CEJUR/TJSC: Prestação Jurisdicional 12, no. 00 (2024): e0433. http://dx.doi.org/10.37497/revistacejur.v12i00.433.

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Objective: This research intended to analyse the adequacy of the legal frameworks of the access to electronic communications metadata in Bosnia and Herzegovina for the purposes of law enforcement with the current Law of the European Union, an essential topic for balancing the effectiveness of criminal investigations with the fundamental rights of citizens in the current connected societies, moreover as the negotiations for accession are currently ongoing. Methodology: The Comparative Method of Legal Research, in the strict sense, was mostly followed, also taking into consideration the Case Law

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Milčiuvienė, Saulė, and Edita Gruodytė. "The Influence of the Court of Justice of the European Union on the Issuance of European Arrest Warrants in Lithuania." Baltic Journal of Law & Politics 12, no. 2 (2019): 97–114. http://dx.doi.org/10.2478/bjlp-2019-0013.

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Abstract The European arrest warrant system is one of the greatest achievements in the development of cooperation in judicial matters among EU Member States. However, its implementation has raised many questions, resulting in referrals by national courts to the Court of Justice of the European Union (CJEU) for preliminary rulings. This article analyses the impact of the CJEU’s preliminary rulings on Lithuanian law concerning European arrest warrants. Specifically, the focus of the paper is institutional configuration and corresponding regulation in this field because/after the CJEU decided tha

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Mujuzi, Jamil Ddamulira. "Victim Participation in the Criminal Justice System in the European Union through Private Prosecutions: Issues Emerging from the Jurisprudence of the European Court of Human Rights." European Journal of Crime, Criminal Law and Criminal Justice 24, no. 2-3 (2016): 107–34. http://dx.doi.org/10.1163/15718174-24032088.

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Private prosecutions are one of the ways through which crime victims in many European countries participate in the criminal justice system. However, there seems to be a reluctance at the Council of Europe level to strengthen a victim’s right to institute a private prosecution. In a 1985 Recommendation, the Committee of Ministers stated that ‘[t]he victim should have the right to ask for a review by a competent authority of a decision not to prosecute, or the right to institute private proceeding.’ Later in 2000 in the Recommendation Rec (2000)19 on the role of public prosecution in the crimina

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Masyhar, Ali, Rohadhatul Aisy, Akhmedova Mehrinigor Bahodirovna, and Gaini Mukhanova. "Legitimacy of Social Justice in the Terrorism Regulations: Insight from Several Countries." BESTUUR 12, no. 1 (2024): 23. http://dx.doi.org/10.20961/bestuur.v12i1.78576.

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<p>Indonesia continues to experience recidivist terrorism regularly as a result of the injustices it faces. As a result, it is critical to prioritize the legitimacy of social justice for both victims and perpetrators, as well as adopt a humanitarian approach to non-criminal terrorism to mitigate and avert criminal acts of terrorism. This research aims to analyze the legitimacy of social justice in counterterrorism environments. This research employs normative juridical research to compare the counterterrorism regulations of several countries that incorporate social justice legitimacy. Th

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Harfield, Clive. "From Empire to Europe: Evolving British Policy in Respect of Cross-Border Crime." Journal of Policy History 19, no. 2 (2007): 180–206. http://dx.doi.org/10.1353/jph.2007.0011.

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The second half of the twentieth century witnessed the metamorphosis of Britain from a global, imperial power to a full (if sometimes ambivalent) member of the modern regional partnership that is the European Union (EU). During the same period, transnational criminal activity was transformed from an arena in which criminal fugitives sought merely to evade domestic justice through self-imposed exile to an environment in which improved travel and communication facilities enabled criminals to commute between national jurisdictions to commit crime or to participate in global criminal enterprises r

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Budaházi, Árpád, and Zsanett Fantoly. "Negotiated Agreements as an Alternative to Criminal Trials: Policy Lessons from the Hungarian Example." European Journal of Crime, Criminal Law and Criminal Justice 32, no. 2 (2024): 105–25. http://dx.doi.org/10.1163/15718174-bja10053.

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Abstract This paper looks at ways of speeding up domestic criminal proceedings. Both the Charter of Fundamental Rights of the European Union and the case law of the European Court of Human Rights in Strasbourg encourage Member States to ensure that their courts deliver judgments within a reasonable time. The present paper deals with the new Hungarian cooperation system, including the trial waiver and the preparatory session, which is a pre-trial meeting in the court phase. These have achieved significant results in speeding up and simplifying proceedings without limiting the rights of the accu

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Bilash, Oleksandr, and Nataliya Shelever. "Constitutional Principle of Justice in Ukraine in Its Genesis and Implementation in Practice." Teka Komisji Prawniczej PAN Oddział w Lublinie 14, no. 1 (2022): 55–65. http://dx.doi.org/10.32084/tekapr.2021.14.1-6.

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The authors study the principle of justice in Ukraine, focusing on the problematic issue – the violation of the principle of justice in the administration of law. An example is the decision of the Constitutional Court of Ukraine of 27 October 2020 No. 13-r/2020 on the abolition of electronic declaration of officials, which led to a constitutional crisis in the country. To resolve the situation, the President of Ukraine submitted to the Verkhovna Rada of Ukraine a bill on the dissolution of the Constitutional Court of Ukraine and the annulment of the above-mentioned decision of the Constitution

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Nagy, Noémi. "Language Rights of European Minorities in the Administration of Justice, Public Administration and Public Services." European Yearbook of Minority Issues Online 18, no. 1 (2021): 113–40. http://dx.doi.org/10.1163/22116117_01801006.

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This article provides an overview of European minorities’ language rights in the administration of justice, public administration, and public services in 2019. Relevant legal developments are presented in the activities of the major international organizations, i.e. the United Nations, the Organization for Security and Cooperation in Europe, the European Union, and the Council of Europe. Since the most relevant treaties on the language rights of minorities in Europe are the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minoritie

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Berdnik, I. V. "CRIMINAL RESPONSIBILITY FOR ATYPICAL FORMS OF OFFENCE AGAINST ENVIRONMENT UNDER THE LEGISLATION OF INDIVIDUAL COUNTRIES OF THE EUROPEAN UNION." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2021, no. 2 (2021): 7–20. http://dx.doi.org/10.32755/sjcriminal.2021.02.007.

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The article is devoted to the issues of criminal responsibility for atypical forms of offence against environment under the legislation of foreign countries. The urgency of the topic of the publication is predetermined by the fact that today one of the priorities of the Ukrainian state is to ensure and guarantee environmentally friendly living conditions for citizens and society, as well as preserve and restore natural resources as important elements of the environment. It is determined that the atypical encroachment is to reflect in the legislation of a particular country certain, special and

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Glaser, Sebastian, and Sarah Hartmann. "CJEU: Germany’s Public Prosecution Authorities Cannot be Regarded as a “Judicial Authority” with Regard to EAWs—The Truth or a Misconstrual of the Legal Reality?" German Law Journal 23, no. 4 (2022): 650–60. http://dx.doi.org/10.1017/glj.2022.36.

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AbstractThe judgment rendered by the Court of Justice of the European Union (CJEU) on May 27, 2019, deemed Germany’s prosecution service (Staatsanwaltschaft) legally incompetent for the purpose of issuing European arrest warrants (EAW) due to its lack of institutional independence. As a consequence, the question of how the German criminal prosecution system differs from the approaches taken by other European countries issuing European arrest warrants arises and raises the question of whether the German prosecution service truly is insufficiently independent in this respect. Debates amongst leg

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Mancano, Leandro. "Trust Thy Neighbour? Compliance and Proximity to the EU through the Lens of Extradition." Yearbook of European Law 40 (January 1, 2021): 475–514. http://dx.doi.org/10.1093/yel/yeab012.

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Abstract The principle of mutual trust between Member States is key to the functioning of European Union (EU) law. Rooted in sincere cooperation and equality of the Union’s States, that principle is premised on compliance with shared values, interests, and rules. This fosters close cooperation in many areas, such as law enforcement, as exemplified by the European Arrest Warrant Framework Decision (EAW FD). Outside the Union, the presumption is that the principle of mutual trust does not apply. This seems confirmed by the case law on the extradition of EU citizens, with the EU Court of Justice

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Ivanov, A. V. "The supranational character of decisions of international judicial institutions." Analytical and Comparative Jurisprudence, no. 3 (July 22, 2024): 589–93. http://dx.doi.org/10.24144/2788-6018.2024.03.100.

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The article examines the supranational nature of the decisions of international judicial institutions. Throughout history, and especially since the second half of the twentieth century, the role of courts has gone beyond national borders. The result of this was the formation of judicial mechanisms that direct their decisions across international borders and supposedly have a higher legal force than the decisions of the courts of individual countries. Among these: the International Court of Justice of the United Nations (decides, in accordance with international law, legal disputes of states re

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Huang, Xiaoqing. "Ensuring Taxpayer Rights in the Era of Automatic Exchange of Information: EU Data Protection Rules and Cases." Intertax 46, Issue 3 (2018): 225–39. http://dx.doi.org/10.54648/taxi2018024.

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With the automatic exchange of information on tax matters (AEOI) developing into the new international standard, large quantities of information have been or will be subject to cross-border transfer. As a result, data play a significant role in the mechanism. Although the European Union is equipped with various legal sources in data protection, guarantees provided to taxpayers in AEOI legal instruments need to be further developed in order to be consistent with those provided by data protection rules in the European Union. This article analyses taxpayers’ right to data protection by studying t

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Wilk, Dariusz. "FORENSIC DATABASES IN POLAND. LEGAL ISSUES RELATED TO RIGHT TO THE PROTECTION OF PERSONAL DATA AND RIGHT TO PRIVACY." Criminalistics and Forensics, no. 66 (2021): 285–305. http://dx.doi.org/10.33994/kndise.2021.66.23.

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Forensic databases are crucial resources in criminal justice systems, which allow for detection and identification of offenders. General Data Protection Regulation and Police Directive about processing of personal data were enacted in the European Union in 2016, which implied changes in national law and policy in processing genetic and biometric data by law enforcements. Therefore, current development of DNA and fingerprint databases in Poland were revealed and compared to other European countries. Changes in the law related to processing of genetic and biometric data were analysed. Issues rel

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Josipović, Ivo. "Responsibility for war crimes before national courts in Croatia." International Review of the Red Cross 88, no. 861 (2006): 145–68. http://dx.doi.org/10.1017/s1816383106000099.

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This article analyses problems with which the Republic of Croatia, as a country in transition, has to contend during war crimes proceedings. A major characteristic of the recent wars waged on the territory of the former Yugoslavia is that war crimes were committed, though on a different scale, by all parties involved, irrespective of the political and other motives that prompted them to engage in armed conflict. Political unwillingness is the principal reason why national courts, including those in the Republic of Croatia, did not prosecute war crimes in accordance with internationally accepta

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Šalčius, Marijus, and Reda Molienė. "The Problem of Obtaining Evidence from EU Countries While Achieving the “Crime Does Not Pay” Goal." Baltic Journal of Law & Politics 17, no. 2 (2024): 207–27. https://doi.org/10.2478/bjlp-2024-00022.

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Abstract As the European Union has implemented the free movement of persons, goods, services and capital, borders for crime have also often disappeared, making cross-border evidence a decades-old issue in European criminal justice. This article identifies today’s opportunities, legal tools, and their obstacles and challenges in obtaining evidence at an early stage of an investigation located in another Member State. The article focuses on the identification of problems in the practical application of the European Investigation Order, European Public Prosecutor’s cross-border investigation tool

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Vatamanyuk, Anastasiya. "Refugees, as a challenge to the modern migration policy of the European Union." Історико-політичні проблеми сучасного світу, no. 33-34 (August 25, 2017): 85–89. http://dx.doi.org/10.31861/mhpi2016.33-34.85-89.

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The article presents migration policy of the European Union and its evolution under the influence of modern challenges, including the problem of Refugee.In the context of recent events, the problem with the number of refugees in the world is becoming more and more urgent. Due to the instability and the state of war, the policy of regulation and management of migration flows has deteriorated and complicated in general. This explains why the issue of solving the problem of refugees and illegal migrants is on the agenda in Europe today. To stop the huge flow of refugees can be possible only by ap

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Sirotkina, Mariia, Olena Lomakina, and Olena Shkarnega. "TOPICAL ASPECTS OF DCFTA IMPLEMENTATION IN THE JUDICIAL PROCEEDINGS." Baltic Journal of Economic Studies 7, no. 1 (2021): 127–33. http://dx.doi.org/10.30525/2256-0742/2021-7-1-127-133.

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The Association Agreement between the European Union and Ukraine is a new format of relations aimed at creating a deep and comprehensive free trade area (DCFTA) between Ukraine and the EU with the gradual integration of Ukraine into the internal market of the European Union. Focusing on the experience of rule-making of the EU member states, it is necessary to define and implement the legal rules and principles of the national judiciary, taking into account the rules and principles of European law (Chornomaz, 2016). In accordance with the strategy of European integration of our country, the ada

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Gabriel Oancea and Mihai Ioan Micle. "The emergence of community control sanctions in the Romanian sanctioning system: Wdrożenie kar probacyjnych do systemu kar w Rumunii." Archives of Criminology, no. XLII/1 (April 24, 2020): 207–24. http://dx.doi.org/10.7420/ak2020d.

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This article presents the context that led to the establishment of the probation system in Romania, on the background of undertaking of some reforms of the criminal sanctions system. The necessity of achieving them was represented by the difficulties faced by the penitentiary system before and after 1989, but also by the need to align the administration of penalties to the requirements imposed by the country‘s accession to the Council of Europe and the European Union. Eighteen years after the creation of the probation system within the Ministry of Justice, it can be stated that, this endeavor

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Kukuruz, Oksana, and Ruslan Pakhomov. "PERMISSIBLE LIMITS OF ARTIFICIAL INTELLIGENCE USE IN THE ADMINISTRATION OF JUSTICE: POLITICAL AND LEGAL ASPECTS." Politology bulletin, no. 93 (2024): 82–93. https://doi.org/10.17721/2415-881x.2024.93.82-93.

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The article analyzes some cases of artificial intelligence (hereinafter — AI) use in the administration of justice in foreign countries, as well as the attitude of Ukrainian policy makers to this advanced technology, in particular against the background of Ukraine’s further European integration. It is shown that, in general,foreign judicial systems are experimenting with the use of high technologies, and in particular, AI, but they are not ready to consider AI as a technology which, after analyzing the court case, is able to generate a final court decision on its own and, as a result, replace

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Mujuzi, Jamil Ddamulira. "Prosecuting International Money Launderers in Europe and Returning Property Confiscated in Criminal Proceedings in Europe to Africa: Reflecting on Equatorial Guinea v. France Cases Before the International Court of Justice." European Criminal Law Review 14, no. 3 (2024): 277–300. https://doi.org/10.5771/2193-5505-2024-3-277.

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Corruption remains a problem in many countries. As a result, national and international mechanisms have been put in place to prevent or combat it. The international measures include the adoption of United Nations Convention Against Transnational Organised Crime (the Palermo Convention) and the United Nations Convention against Corruption. Each of the two Conventions has been ratified or acceded to by over 180 countries including the European Union. There is evidence that some people who commit corruption and other economic crimes in African countries launder some of the proceeds of crimes in s

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Nikolenko, L. "The use of electronic evidence in the criminal process of foreign countries." Analytical and Comparative Jurisprudence, no. 5 (October 12, 2024): 820–24. http://dx.doi.org/10.24144/2788-6018.2024.05.125.

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It is emphasized that electronic evidence has become indispensable for criminal investigations and trials around the world. The importance of legal regulation of the criminal procedural form of digital technologies is emphasized. The improper nature of such regulation entails certain legal consequences, including the recognition of electronic evidence as improper or inadmissible. The experience of some foreign countries in the field of recognition and use of electronic evidence (the USA, Great Britain, the People’s Republic of China and the countries of the European Union) is analyzed. It has

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Nykyforova, Inna. "Ensuring the Safety of Participants in the Criminal Process." Slovo of the National School of Judges of Ukraine, no. 1(50) (May 2, 2025): 171–80. https://doi.org/10.37566/2707-6849-2025-1(50)-15.

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The article explores the issue of ensuring the safety of participants in the criminal process, which is relevant both in theoretical and practical aspects. It aims to identify ways to improve the effectiveness of protective measures, enhance the legal framework, and implement modern security management methods. This is of significant importance for strengthening the rule of law and the proper functioning of the judicial system in Ukraine. In academic circles, the issue of ensuring the safety of participants in the criminal process sparks active discussions. The literature emphasizes that ensur

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Rudyk, Petro. "The evolution of standards for the creation and extension of jurisdiction of the Court of Justice of the European Union in the founding instruments of the European Communities and the European Union in the pre-Lisbon period." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 422–26. http://dx.doi.org/10.36695/2219-5521.2.2020.83.

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The gradual evolution of the standards of the founding instruments of the European Communities and then the European Unionin the field of their judicial systems, which is subject to the integration processes in Europe, is comprehensively analyzed. Thoroughscientific works of both foreign and domestic scientists cover the problems of various spheres of development of the European Union,its institutions, in particular, its Court of Justice. However, the study of this topic was not given enough attention. Therefore, the purposeof the article is a comprehensive analysis of the evolution of the sta

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Merchán Murillo, Antonio. "Digitalization of Rules on International Judicial Cooperation." Latin American Journal of European Studies 3, no. 1 (2023): 152–79. http://dx.doi.org/10.51799/2763-8685v3n1005.

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In international judicial assistance, the private interests of the litigants are at stake. In this context, regulations have begun to emerge, with a marked technological context, in order to improve the efficiency and speed of judicial procedures and ensure the proper administration of justice in cases with cross-border repercussions. For this reason, we intend to analyze the regulatory frameworks at the European level, the new Regulations 2020/1784 and 2020/1783, in terms of "notification and transfer of documents" and the "obtaining of evidence", and, in the absence of application, of the re

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Ursu, V. "Alignment of national criminal legislation with European Union standards through the lens of the association agreement." Analytical and Comparative Jurisprudence, no. 4 (September 14, 2023): 418–24. http://dx.doi.org/10.24144/2788-6018.2023.04.67.

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As a country aspiring to join the European Union, Moldova has been working towards the harmonization of its criminal justice standards and laws with those of the EU.This involves aligning its legal framework with the EU acquis communautaire, which is the body of EU law that all member states must comply with. One of the main objectives of this harmonization process is to improve the efficiency and effectiveness of the Moldovan criminal justice system, as well as to enhance its capacity to fight against cross-border crime and other forms of transnational organized crime. To achieve this, Moldov

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Popov, G. V. "The right of military personnel to defense in the context of the European integration Ukraine." Uzhhorod National University Herald. Series: Law 3, no. 81 (2024): 139–43. http://dx.doi.org/10.24144/2307-3322.2024.81.3.20.

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The relevance of the article is because certain aspects of harmonisation of legislation of Ukraine and the European Union member states, which are NATO members, in particular, in terms of ensuring the rights of military personnel to defence within criminal proceedings, require their own separate scientific understanding in the current context. The article analyses the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces of their Armed Forces, an

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Fjær, Svanaug. "Article." Nordic Studies on Alcohol and Drugs 15, no. 5-6 (1998): 262–77. http://dx.doi.org/10.1177/1455072598015005-604.

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Svanaug Fjær: The European Union and Drug Policy. Integration through control and production of knowledge In this article the influence of EU initiatives on national drug policies is discussed with special attention paid to the separation between control and prevention in drug policy. At national levels, policy administration is separated between the ministries responsible for treatment and prevention and the ministries responsible for control and punishment. This separation is parallel to the division established by the pillar structure of the Treaty of the European Union. A study of the Euro

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Comte, Françoise. "Environmental Crime and the Police in Europe: A Panorama and Possible Paths for Future Action." European Energy and Environmental Law Review 15, Issue 7 (2006): 190–231. http://dx.doi.org/10.54648/eelr2006022.

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Environmental crime is one of the most lucrative forms of criminal activity. The illegal dumping of hazardous waste, trafficking of dangerous substances and smuggling of protected natural resources is estimated to be worth between EUR18 and EUR25 billion per year. The trafficking of endangered species generates the highest revenue of all types of environmental crime and is widely considered to be second in value only to drug trafficking. Environmental crime is believed to be expanding constantly. In spite of this, it is not currently a political priority, having taken a back seat to anti-terro

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Barbara Stańdo-Kawecka and Justyna Kusztal. "Ochrona praw nieletnich przesłuchiwanych przez Policję - aspekty prawnoporównawcze i wyniki badań empirycznych." Archives of Criminology, no. XXXVII (January 1, 2015): 159–90. http://dx.doi.org/10.7420/ak2015e.

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In recent years a growing interest in issues related to the protection of rights andsafeguards of ‘children in conflict with the law’ can be observed at the internationallevel. In the light of both the Convention on the Rights of the Child and the Councilof Europe Guidelines on child-friendly justice, in cases concerning children in conflictwith the law, an important element of the system of justice is to provide them with a fairtrial in which their rights and safeguards are not minimised or denied under the pretextof the child’s best interest. The European Union is currently working on a prop

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Ludwig, Anika, and Mary Marshall. "Using crime data in academic research: issues of comparability and integrity." Records Management Journal 25, no. 3 (2015): 228–47. http://dx.doi.org/10.1108/rmj-05-2015-0017.

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Purpose – Research into crime is reliant on data that is recorded and published by criminal justice agencies; data which is collected for other purposes. Considering the suitability of geocoded crime data for academic research purposes, this paper will demonstrate the difficulties faced regarding the availability, integrity and reliability of readily accessible criminal justice data. Design/methodology/approach – Data from two countries – England and Germany – were considered and set in a wider European Union (EU) context. Using the data received from requests made to the Freedom of Informatio

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Oliinyk, Olena S., Roman M. Shestopalov, Volodymyr O. Zarosylo, Mykhaylo I. Stankovic, and Sergii G. Golubitsky. "Economic security through criminal policies." Revista Científica General José María Córdova 20, no. 38 (2022): 265–85. http://dx.doi.org/10.21830/19006586.899.

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The article aims to identify the factors that have the greatest impact on economic security. Based on the study of legislative acts of the countries of the European Union, the United States, and relevant scientific literature, an analysis is made of the current situation in the field of economic security, exploring its constituent elements and factors influencing the security of the economy. Among them are ecology, the fight against crime, the financial and taxation spheres, innovative development, and the element itself as a component of the considered social relations, and processes, among o

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Ostapenko, Oleksii, and Iryna Khomyshyn. "On the Features and Categories of Administrative Law." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 12, no. 45 (2025): 185–94. https://doi.org/10.23939/law2025.45.185.

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Among the trends in the development of the national administrative law of Ukraine, attention has long been paid to: general theoretical issues of reforming administrative law, which is associated with the European choice of development of Ukraine; consideration of issues that characterize the types, forms, and methods of public administration and its components; constitutional consolidation of the administrative and legal status of a person and a citizen in relations with the state (primarily with public administration); development of the provision of administrative services to individuals an

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Shavaleev, B. E. "CRIMINAL LEGAL COUNTERACTION TO FRAUDULENT USE OF ELECTRONIC PAYMENT FACILITIES IN RUSSIA AND ABROAD." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 4 (2020): 48–53. http://dx.doi.org/10.18323/2220-7457-2020-4-48-53.

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Modern trends indicate an annual increase in the number of registered facts of fraud using electronic payment facilities, as well as the amount of damage associated with it, both in foreign countries and in the Russian Federation. This fact puts on the agenda the problem of improving measures of counteracting this type of crime. A significant element of combating crime is the optimization of criminal legislation, which determines the relevance of this study. The author carried out a comparative legal study of the criminal legislation peculiarities of Russia and foreign countries in terms of co

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Stepaniuk, R. L., and V. V. Kikinchuk. "Directions for improving the legal regulation of forensic DNA analysis in Ukraine in the context of integration into the European Union." Bulletin of Kharkiv National University of Internal Affairs 97, no. 2 (2022): 234–49. http://dx.doi.org/10.32631/v.2022.2.21.

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An analysis of European standards and main trends in the field of legal regulation of forensic DNA analysis has been carried out. It has been established that the general European legislation defines recommendations on the general principles of using DNA analysis within the framework of the criminal justice system, establishes the obligation of each state to create and maintain a national DNA database, exchange information based on DNA databases, take measures to protect personal data, store DNA profiles of persons convicted of sexual offenses against children, to accredit forensic laboratorie

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Bartha, Ildikó, and Tamás M. Horváth. "State Aid as a Risk in the Policy of Competitive Advantages in the European Union." Studia Iuridica Lublinensia 32, no. 2 (2023): 35–55. http://dx.doi.org/10.17951/sil.2023.32.2.35-55.

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Compatibility of economic advantages with the internal market refers to the economic impact of state aid that is permitted by EU competition rules. In general, this approach is based on the acceptance of derogations from basic obligations in a market economy, that may also be granted by the European Union to its Member States. Due advantages seem compatible with EU law per se, however, such compatibility also depends on the discretion of the competent administrative and judicial bodies. According to the analytical and empirical legal policy investigation presented in this article, the activity

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Darmin, M. O. "Types of international judicial institutions and their role in ensuring the right to judicial protection." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 363–67. http://dx.doi.org/10.24144/2307-3322.2021.64.66.

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The article is devoted to the study of the types of international judicial institutions and their role in ensuring theright to judicial protection. It is noted that the Manila Declaration provides for a judicial settlement of disputes andarbitration. The International Court of Justice is the principal judicial organ of the United Nations. The InternationalCriminal Court is the permanent body with jurisdiction over persons responsible for particularly serious crimes, inaddition to national criminal jurisdictions. The Inter-American Court of Human Rights is an independent, conven-tional body who

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Banovic, Bozidar, and Aleksandra Ilic. "International cooperation in criminal matters as a strategic commitment in the control of organized crime and terrorism." Medjunarodni problemi 75, no. 4 (2023): 573–94. http://dx.doi.org/10.2298/medjp2304573b.

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The international dimension characterizes contemporary forms of organized crime (OC) and terrorism. in contrast, in most countries? current criminal justice systems, the principle of sovereignty, based on the exclusive competence of the national state in combating crime, is still dominant in the current criminal justice systems, both on a normative and practical basis level. This contradiction significantly impacts the effectiveness of controlling the mentioned forms of crime. As a solution, the development of existing and normative regulation and practical application of new forms of internat

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