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Michael Klöcker - One of the best experts on this subject based on the ideXlab platform.

Dovudova Dilzoda Sulaymanovna - One of the best experts on this subject based on the ideXlab platform.

Yvonne Mcdermott - One of the best experts on this subject based on the ideXlab platform.

  • yong vui kong v Public Prosecutor sing ct app
    International legal materials, 2016
    Co-Authors: Yvonne Mcdermott
    Abstract:

    On March 4, 2015, Singapore’s Court of Appeal issued its judgment in Yong Vui Kong v. Public Prosecutor , upholding the punishment of caning imposed on the defendant as constitutional. The decision is significant because it discusses the impact of the prohibition of torture, a peremptory norm of international law, on domestic legislation. The Court of Appeal determined that, even if caning were to be considered a form of torture, the customary international law prohibition on torture did not invalidate its domestic law permitting caning as a form of punishment.

  • yong vui kong v Public Prosecutor and the mandatory death penalty for drug offences in singapore a dead end for constitutional challenge
    International Journal on Human Rights and Drug Policy, 2010
    Co-Authors: Yvonne Mcdermott
    Abstract:

    This article examines constitutional challenges to the mandatory death sentence in Singapore, with particular reference to the most recent case of Yong Vui Kong v. Public Prosecutor (2010). It discusses whether the Court of Appeal was too hasty in disregarding more recent jurisprudence of the Privy Council, which held the mandatory death sentence as a form of inhuman treatment or punishment. It also examines the customary international law prohibition of the mandatory death penalty, and the imposition of the mandatory death penalty for drug offences as a breach of the equality guarantee in Singapore’s constitution. The article reveals a dismal future for a nuanced and sensible approach towards drug crime in Singapore, in that the latest case closes off many avenues for constitutional litigation.

Francesca Gisella Zoe Ruggieri - One of the best experts on this subject based on the ideXlab platform.

  • eurojust and the european Public Prosecutor s office introduction to a historic reform
    Three Conference on Eu Criminal Justice: Fundamental Rights Investigation Measures and the Future European Public Prosecutor’s Office -EUjuCO, 2019
    Co-Authors: Francesca Gisella Zoe Ruggieri
    Abstract:

    The Author examines the ambiguous relationship between Eurojust and the recently established European Public Prosecutor’s Office (EPPO), by retracing the history of these two bodies. While Eurojust has for a long time been the most serious alternative to a supranational investigation authority, although with an exclusively coordinating task, it is now destined to coexist with EPPO. An analysis of this relationship, mainly based on mutual cooperation and the development of operational, administrative and management links between them, will be carried out.

  • the future of the european Public Prosecutor s office in the framework of articles 85 and 86 tfeu a comparison between the italian german and english versions
    2014
    Co-Authors: Francesca Gisella Zoe Ruggieri
    Abstract:

    The article focuses on the connotations of the different versions (Italian, German, English) of the rules laid down by articles 85 and 86 TFEU referring to the future functions of the European Public Prosecutor's Office, with a view to establishing a common significance

  • eurojust and the european Public Prosecutor s office after the lisbon treaty
    2013
    Co-Authors: Francesca Gisella Zoe Ruggieri
    Abstract:

    This contribution starts with the analysis of the problems caused by Article 86(1) TFEU, under which, as known, it is possible to “establish a European Public Prosecutor’s Office from Eurojust.” Studying the Eurojust ambiguities and the transformations which characterized this body during the last years, the work assumes that the history of Eurojust—and that of all the EPP proposals—can be read as the history of a progressive shift from the horizontal to the vertical cooperation paradigm. On this basis, the Author tries to trace some of the possible, future scenarios on the regulation of the new EPP, in accordance with the fundamental rights of individuals.

J A E Vervaele - One of the best experts on this subject based on the ideXlab platform.

  • the european Public Prosecutor s office eppo introductory remarks
    Shifting Perspectives on the European Public Prosecutor's Office, 2018
    Co-Authors: J A E Vervaele
    Abstract:

    These introductory remarks deal with the reasons why the EPPO is perceived by some as a controversial body. These reasons are mirrored with the problem identification and the causes thereof. The size of EU fraud and related corruption and money laundering, both at the income and expenditure side, is quite significant. There is also a strong enforcement deficit in the Member States, especially in the case of complex transnational VAT and customs fraud cases. Three fields of action are potentially of interest for the EPPO: VAT, customs and smuggling, and fraud and corruption within the EU institutions. This leads to the analysis of what the potential added value of the EPPO could be, both from a technical fraud perspective as from a political legitimacy perspective. Finally, the introduction deals with the ongoing negotiations on the EPPO proposal, taking into account the mandate and rationale of Article 86 TFEU in the framework of the Area of Freedom, Security and Justice.

  • european agencies for criminal justice and shared enforcement eurojust and the european Public Prosecutor s office
    Utrecht law review, 2014
    Co-Authors: M J J P Luchtman, J A E Vervaele
    Abstract:

    European agencies are playing an increasing role in the criminal judicial area. When it comes to the applicable law for their investigative acts, the picture is not that European, but rather a vague mix of some European and mostly national law. This results not only in great legal uncertainty as to the enforcement powers that can be used and their modalities, but also to increasing conflicts of law when it comes to the applicable safeguards and judicial review in the common area of freedom, security and justice (AFSJ). How should shared enforcement in this area be designed and implemented in order to achieve the goals of the AFSJ (effective crime control in conformity with human rights)?

  • the material scope of competence of the european Public Prosecutor s office lex uncerta and unpraevia
    ERA Forum, 2014
    Co-Authors: J A E Vervaele
    Abstract:

    Article 86 TFEU provides a clear legal basis to establish the European Public Prosecutor’s Office (EPPO) and to regulate its investigative and Prosecutorial powers. Article 86 TFEU also refers to a limited substantive mandate, the protection of the financial interest of the Union, or to an extended mandate (based on an unanimous decision in the Council) including all serious crimes having a cross-border dimension. However, the Article remains silent on the precise scope of this material scope of competence. The 2013 Commission’s EPPO proposal does not contain specific elements of the offences or penalties and refers to the proposal for a directive on the criminal law protection of the financial interest of the EU. The result will be that the material competence of the EPPO will at the end depend upon the patchwork of implementation provisions in every single Member State. In this article is assessed if this solution can comply with the substantive legality principle in criminal matters, being a human right under the ECHR and the Charter. The author makes a plea for an alternative solution and to regulate the material competence in the EPPO regulation itself.

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