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Minister for Justice v. O'Connor: A Decisive Moment for the Future of the EAW in the UK

Insight

Abstract: The Irish Supreme Court (IESC) decided to lodge a request for a preliminary ruling with the CJEU in Minister for Justice v. O’Connor on February 1st. The IESC enquired the CJEU about the possibility of surrendering individuals to the UK who will be imprisoned beyond the date on which this country will withdraw from the...

Últimos avances en la cooperación judicial penal: la cooperación reforzada permite la creación de la Fiscalía Europea a partir del Reglamento (UE) 2017/1939

Insight

Abstract: The European Public Prosecutor's Office does not start from scratch, but from a number of efforts of the EU institutions which have paid off with the adoption of Council Regulation (EU) 2017/1939 of 12 October 2017. This Regulation facilitates enhanced cooperation between Member States on the establishment of the European Public Prosecutor...

Beshkov or the Long Road to the Principle of Social Rehabilitation of Offenders

Insight

Abstract: This Insight provides an analysis of the first preliminary ruling (Court of Justice, judgment of 21 September 2017, case C-171/16, Beshkov) concerning some provisions of the Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of...

Judicial Cooperation, Transfer of Prisoners and Offenders’ Rehabilitation: No Fairy-tale Bliss. Comment on Ognyanov

Insight

Abstract: This Insight analyses the first preliminary ruling (Court of Justice, judgment of 8 November 2016, case C-554/14, Ognyanov [GC]) concerning a provision of the Council Framework Decision 2008/909/JHA on the cross-border transfer of prisoners in the EU. The Court of Justice clarifies the notion of enforcement of the...

A New Crack in the Wall of Mutual Recognition and Mutual Trust: Ne Bis in Idem and the Notion of Final Decision Determining the Merits of the Case

Insight

Abstract: The Insight considers the case law of the Court of Justice concerning the notion of “finally disposed”, i.e. a constitutive element of the European ne bis in idem principle. In order to trigger the right not to be tried or punished twice, a national decision must be final and has to contain a sufficient determination of...