The European Criminal Law Review (EuCLR) is a journal dedicated to the development of European Criminal Law and the cooperation in criminal matters within the European Union. In these areas the Lisbon Treaty has supposedly brought about the most important changes and also the greatest challenges for the future.
It is the journal’s ambition to provide a primary forum for comprehensive discussion and critical analysis of all questions arising in relation to European Criminal Law. It will include articles and relevant material on topics such as
- the harmonisation of national criminal law in consideration of European legal instruments,
- the implementation of the principle of mutual recognition in the area of cooperation in criminal matters and the development towards the creation of a European Public Prosecutor,
- the emergence of a balanced European Criminal Policy based on fundamental rights, freedom and democracy with particular reference to the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights.
- page 1–2 Titelei/Inhaltsverzeichnis
- page 3–6 Editorial
- page 7–112 Articles
- page 7–38 Res Judicata in Criminal Matters and the European Courts – A Comparison Between Germany and Italy (Part I) Anne Schneider
- page 39–59 Multilingual Norms in European Criminal Law Georg C. Langheld
- page 60–81 Targeted Financial Sanctions: Criminal in Nature? Lisa F.M. Ansems, Charlene R.R. Loeve
- page 82–98 A European Evidence (Air)Space? Taking Cross-Border Legal Admissibility of Forensic Evidence to a Higher Level Sofie Depauw
- page 99–112 The European Agenda on Security – A CommentAthina Giannakoula
National criminal law is to a large extent influenced by European Law and especially by decisions of the European Courts. European Courts are the Court of Justice of the European Union (Art. 251 et seq. TFEU, in the following “ECJ”) and the European Court of Human Rights (in the following “ECtHR”). The myriad ways in which EU Law and the European Convention on Human Rights (in the following “ECHR”) have an impact on criminal law and criminal procedure have already been explained elsewhere and do not need to be discussed in general. However, European jurisprudence can also provide a challenge to the national principle of res judicata. Final judgements, i.e. those that cannot be challenged on appeal, are endowed with res judicata. Res judicata is a fundamental principle of the European legal systems, which provides legal certainty. It is well established in every Member State and High Contracting Party under national constitutional law. But what happens if a final judgement is contrary to the ECHR or EU law?