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 3–5 Editorial
- page 6–128 Articles
- page 6–35 Towards a European Economic Criminal Law of Human RightsAdán Nieto
- page 36–62 The Accountability of Multinational Companies for Human Rights Violations, Regulatory Trends and New Punitive Approaches Across EuropeRossella Sabia
- page 63–72 Business and Human Rights – Recent Trends in GermanyMarlen Vesper-Gräske
- page 73–87 A Proposal for Criminal Liability for Breach of Due Diligence Obligations: the European Conflict Minerals Regulation as an ExampleLuis Miguel Vioque
- page 88–111 Terrorism – Prisons and Risk ManagementMiriam Meyer
- page 112–128 The Victim – a Great Actor in a Minor Role? – A Comparative PerspectiveŁukasz Duśko, Mateusz Szurman
In recent years, the international community has adopted standards aimed at encouraging States to promote the development and implementation of human rights compliance programmes by companies. This has been the case for conflict minerals, where soft law recommendations have been translated into a European Union (EU) hard law standard that sets out several due diligence obligations for importers of certain minerals or metals. This article will examine the origin of the EU Conflict Minerals Regulation and outline the type of compliance and due diligence obligations imposed on EU importers. It also reflects on the role of criminal law as a means of sanctioning the most serious violations of these new due diligence obligations such as traceability and transparency.