Fishy business: regulatory and enforcement challenges of transnational organised IUU fishing crimes

The article aims to find the answer on the main question of how can the criminalisation of IUU fishing, especially when committed by OCGs, under suppression conventions tackle the deficits of regulations and enforcement at the international and national levels? These deficits have origin in the limited prescription by international fisheries instruments and a large autonomy and discretion of states leading to substantive divergent policies, legal framework and practices at the national level. Further, the actual international fisheries instruments do not provide for regulatory and enforcement solutions in relation to the involvement of OCGs in IUU fishing. We argue that suppression conventions at global and regional levels could serve as solutions to supplement the deficits. In explaining the argument, first we examine the phenomenon of IUU fishing and its TOC dimensions, and the significant harms caused by it. Second, we examine the regulations and enforcement provisions of international and national fisheries instruments to establish the deficits. Third, we elaborate why suppression conventions are suitable solutions. Fourth, we analyse how suppression conventions can be regulated at global and regional levels in a way that they tackle the deficits. The results of this study can be used as a reference on how a transnational crime can be criminalised under suppression conventions both in terms of its reasonings and options and thus can contribute to the study of transnational criminal law. This study is important for transnational criminal law scholars, policy makers and practitioners in the field of enforcement

Aplicación del régimen de abuso de mercado (operaciones con información privilegiada y la manipulación del mercado): ¿hacia un modelo integrador de la aplicación de la ley penal y administrativa en la UE?

El texto estudia las normas relativas al abuso de mercado en la Unión Europea, la aplicación de la regulación de los mercados financieros y la manipulación del mercado. Así mismo, a partir del análisis de dos casos, muestra como en el marco de la regulación actual las autoridades nacionales en la UE no son en absoluto conscientes de la dimensión de sus tareas en Europa. Realiza un análisis de las propuestas legislativas recientes que tienen como objetivo crear igualdad de condiciones para los operadores económicos, los ciudadanos y las autoridades policiales. Plantea, además, una distinción entre las medidas propuestas en el ámbito del Derecho administrativo y el Derecho penal, para argumentar  que estas propuestas aún no tienen en consideración los objetivos centrales de la UE

Alternative Systems of Crime Control. National, Transnational, and International Dimensions

The typical trial-oriented systems of criminal justice that are primarily based on the strict application of substantive criminal law have reached their functional and logistical limits in most parts of the modern legal world. As a result, new sanction models, less formal, administrative, and discretionary case disposals, plea bargaining arrangements, and other alternative procedural and transitional justice mechanisms have emerged at unprecedented levels in national and international legal orders affiliated both with the civil law and the common law tradition. These normative constructs and practices aim at abbreviating, simplifying, or circumventing the conventional criminal investigation and prosecution. They seek to enhance the effectiveness of conflict resolution proceedings and to shift the focus of crime control from repression to prevention. The present volume explores these alternative, informal, preventive, and transitional types of criminal justice and the legitimacy of new sanction models in the global risk society from the perspective of national and international justice and by focusing on the special regimes of anti-terrorism measures and security law. The authors of the papers are experts and internationally acclaimed scholars in this field. Their research results were presented and discussed at an inter-national conference held on 26-27 January 2018 at Middle Temple in London, UK, which was organized by the School of Law of the Queen Mary University of London, the Max Planck Institute for Foreign and International Criminal Law (Freiburg), and the European & International Criminal Law Institute (Athens)

The transnational <i>ne bis in idem</i> principle in the EU. Mutual recognition and equivalent protection of human rights

The deepening and widening of European integration has led to an increase in transborder crime. Concurrent prosecution and sanctioning by several Member States is not only a problem in inter-state relations and an obstacle in the European integration process, but also a violation of the ne bis in idem principle, defined as a transnational human right in a common judicial area. This article analyzes whether and to what extent the ECHR has contributed and may continue to contribute to the development of such a common ne bis in idem standard in Europe. It is also examined whether the application of the ne bis in idem principle in classic inter-state judicial cooperation in criminal matters in the framework of the Council of Europe may make such a contribution as well. The transnational function of the ne bis in idem principle is discussed in the light of the Court of Justice’s case law on ne bis in idem in the framework of the area of Freedom, Security and Justice. Finally the inherent tension between mutual recognition and the protection of human rights in transnational justice is analyzed by looking at the insertion of the ne bis in idem principle in the Framework Decision on the European arrest warrant

European Criminal Justice in the post-Lisbon Area of Freedom, Security and Justice

The criminal justice dimension of the EU Area of Freedom, Security and Justice addresses today’s aspects of substantive criminal law, criminal procedure, mutual legal assistance and recognition in criminal matters. Not only the effectiveness of harmonization and transnational cooperation is addressed, but also the applicable human rights standards of the European Convention on Human Rights and the EU Charter of Fundamental Rights. The Lisbon Treaty offers new possibilities for harmonization and the elaboration of criminal policy, both in the area of Euro offences as well as in the field of economic and financial criminality. The Lisbon Treaty also strengthens the mutual recognition scheme and provides for the establishment of an European Public Prosecutor. The Area of Freedom, Security and Justice also entails, however, new questions about the transnational application of human rights, such as the ne bis in idem protection, the applicable human rights standards in relation to the mutual recognition instruments or the choice of criminal jurisdiction

Alternative Systems of Crime Control. National, Transnational, and International Dimensions

The typical trial-oriented systems of criminal justice that are primarily based on the strict application of substantive criminal law have reached their functional and logistical limits in most parts of the modern legal world. As a result, new sanction models, less formal, administrative, and discretionary case disposals, plea bargaining arrangements, and other alternative procedural and transitional justice mechanisms have emerged at unprecedented levels in national and international legal orders affiliated both with the civil law and the common law tradition. These normative constructs and practices aim at abbreviating, simplifying, or circumventing the conventional criminal investigation and prosecution. They seek to enhance the effectiveness of conflict resolution proceedings and to shift the focus of crime control from repression to prevention. The present volume explores these alternative, informal, preventive, and transitional types of criminal justice and the legitimacy of new sanction models in the global risk society from the perspective of national and international justice and by focusing on the special regimes of anti-terrorism measures and security law. The authors of the papers are experts and internationally acclaimed scholars in this field. Their research results were presented and discussed at an inter-national conference held on 26-27 January 2018 at Middle Temple in London, UK, which was organized by the School of Law of the Queen Mary University of London, the Max Planck Institute for Foreign and International Criminal Law (Freiburg), and the European & International Criminal Law Institute (Athens)