Sonntag, 7. April 2019

[ #rechtswissenschaft ] Rechtsakte der Europäischen Union im Strafrecht


Rechtsakte der Europäischen Union im Bereich Strafrecht und damit zusammenhängende Texte

Diese Veröffentlichung in englischer Sprache enthält eine Auswahl von 78 Texten, die für das europäische Strafrecht relevant sind.

Sie umfasst von den Organen der EU erlassene Rechtsakte über die Zusammenarbeit in Strafsachen (einschließlich der gegenseitigen Anerkennung von gerichtlichen Entscheidungen), Rechtsakte zum materiellen Strafrecht, Auszüge aus den Verträgen und Abkommen zwischen der EU und Drittstaaten, z. B. über gegenseitige Rechtshilfe.

Die Veröffentlichung enthält ein Inhaltsverzeichnis und Lesezeichen.


 [ #UNIversität ]⇒ 



Lohnt sich ein Download? Ein schneller Blick in das Inhaltsverzeichnis (Table of Contents) verspricht vielleicht mehr:

Table of Contents

I. Extracts from the LISBON TREATY and the CHARTER
• Extracts from the TREATY on European Union (TEU) (1) 3
• Extracts from the TREATY on the Functioning of the European Union (TFEU) (2) 12
• PROTOCOL No 21 on the position of the United Kingdom and Ireland in respect of the
Area of Freedom, Security and Justice (3) 32
• PROTOCOL No 22 on the position of Denmark (4) 36
• PROTOCOL No 36 on transitional provisions (articles 9 and 10) (5) 41
• DECLARATIONS annexed to the final act of the Intergovernmental Conference which
adopted the Treaty of Lisbon (selection) (6) 43
• CHARTER of Fundamental Rights of the European Union (7) 47
II. MULTIANNUAL PROGRAMME
• 27 June 2014 - STRATEGIC GUIDELINES for legislative and operational planning within
the area of freedom, security and justice (adopted by the European Council) (8) 63
III. JUDICIAL COOPERATION IN CRIMINAL MATTERS
Liaison magistrates:
• 22 April 1996 - JOINT ACTION 96/277/JHA concerning a framework for the exchange of
liaison magistrates to improve judicial cooperation between the Member States of the EU
(9) 69
Mutual assistance in criminal matters:
• 29 May 2000 - CONVENTION on mutual assistance in criminal matters between the
Member States (10) 71
Conflicts of jurisdiction:
• 30 November 2009 - Council FRAMEWORK DECISION 2009/948/JHA on prevention and
settlement of conflicts of exercise of jurisdiction in criminal proceedings (11) 88
Eurojust and European Judicial Network (EJN):
• 28 February 2002 - Council DECISION 2002/187/JHA setting up Eurojust with a view to
reinforcing the fight against serious crime, as amended by Council DECISION
2003/659/JHA of 18 June 2003 and Council DECISION 2009/426/JHA of 16 December
2008 (Consolidated text as set out in Council doc ST 5347/3/09) (12) 94
• 16 December 2008 - Council DECISION 2008/976/JHA on the European Judicial
Network (13) 125
Table of Contents
II COUNCIL GENERAL SECRETARIAT - DG D 2B
EPPO
• 12 October 2017 - Council Regulation (EU) 2017/1939 implementing enhanced cooperation
on the establishment of the European Public Prosecutor's Office (14) 130
Joint Investigation Teams:
• 13 June 2002 - Council FRAMEWORK DECISION 2002/465/JHA on joint investigation
teams (15) 201
• 19 January 2017 - Council RESOLUTION on a model agreement for setting up a Joint
Investigation Team (JIT) (16) 204
Criminal records:
• 21 November 2005 - Council DECISION 2005/876/JHA on the exchange of information
extracted from the criminal record (17) 216
• 26 February 2009 - Council FRAMEWORK DECISION 2009/315/JHA on the organisation
and content of the exchange of information extracted from the criminal record between
Member States (18) 221
• 6 April 2009 - Council DECISION 2009/316/JHA on the establishment of the European
Criminal Records Information System (ECRIS) in application of Article 11 of Framework
Decision 2009/315/JHA (19) 231
Mutual recognition instruments:
• 13 June 2002 - Council FRAMEWORK DECISION 2002/584/JHA on the European
Arrest Warrant and surrender procedures between Member States (20) 247
• 22 July 2003 - Council FRAMEWORK DECISION 2003/577/JHA on the execution in the
EU of orders freezing property or evidence (21) 265
• 24 February 2005 - Council FRAMEWORK DECISION 2005/214/JHA on the application
of the principle of mutual recognition to financial penalties (22) 276
• 6 October 2006 - Council FRAMEWORK DECISION 2006/783/JHA on the application of
the principle of mutual recognition to confiscation orders (23) 291
• 24 July 2008 - Council FRAMEWORK DECISION 2008/675/JHA on taking account of
convictions in the Member States of the European Union in the course of new criminal
proceedings (24) 311
• 27 November 2008 - Council FRAMEWORK DECISION 2008/909/JHA on the application
of the principle of mutual recognition to judgments in criminal matters imposing custodial
sentences or measures involving deprivation of liberty for the purpose of their enforcement
in the European Union (25) 314
• 27 November 2008 - Council FRAMEWORK DECISION 2008/947/JHA on the application
of the principle of mutual recognition to judgments and probation decisions with a view to
the supervision of probation measures and alternative sanctions (26) 334
• 26 February 2009 - Council FRAMEWORK DECISION 2009/299/JHA amending
Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/947/JHA and
2008/909/JHA, thereby enhancing the procedural rights of persons and fostering the
application of the principle of mutual recognition to decisions rendered in the absence of the
person concerned at the trial (in absentia) (27) 355
COUNCIL GENERAL SECRETARIAT - DG D 2B III
• 23 October 2009 - Council FRAMEWORK DECISION 2009/829/JHA on the application,
between Member States of the European Union, of the principle of mutual recognition to
decisions on supervision measures as an alternative to provisional detention (28) . 368
• 13 December 2011 - DIRECTIVE 2011/99/EU of the European Parliament and of the
Council on the European protection order (29) 389
• 3 April 2014 - DIRECTIVE 2014/41/EU of the European Parliament and of the Council
regarding the European Investigation Order in criminal matters (30) 406
IV. APPROXIMATION OF PROCEDURAL LAW
Victims:
• 29 April 2004 - COUNCIL DIRECTIVE 2004/80/EC relating to compensation to crime
victims (31) 445
• 10 June 2011 - RESOLUTION of the Council on a Roadmap for strengthening the rights
and protection of victims, in particular in criminal proceedings (32) 449
• 25 October 2012 - DIRECTIVE 2012/29/EU of the European Parliament and of the Council
establishing minimum standards on the rights, support and protection of victims of crime,
and replacing Council Framework Decision 2001/220/JHA (33) 454
Suspects and accused persons:
• 30 November 2009 - RESOLUTION of the Council on a Roadmap for strengthening
procedural rights of suspected or accused persons in criminal proceedings (34) 471
• 20 October 2010 - DIRECTIVE 2010/64/EU of the European Parliament and of the Council
on the right to interpretation and translation in criminal proceedings (35) .474
• 22 May 2012 - DIRECTIVE 2012/13/EU of the European Parliament and of the Council on
the right to information in criminal proceedings (36) . 481
• 22 October 2013 - DIRECTIVE 2013/48/EU of the European Parliament and of the Council
on the right of access to a lawyer in criminal proceedings and in European arrest warrant
proceedings, and on the right to have a third party informed upon deprivation of liberty and
to communicate with third persons and with consular authorities while deprived of liberty
(37) 491
• 9 March 2016 - DIRECTIVE (EU) 2016/343 of the European Parliament and of the Council
on the strengthening of certain aspects of the presumption of innocence and of the right to
be present at the trial in criminal proceedings (38) 503
• 11 May 2016 - DIRECTIVE (EU) 2016/800 of the European Parliament and of the Council
on procedural safeguards for children who are suspects or accused persons in criminal
proceedings (39) 514
• 26 October 2016 - DIRECTIVE (EU) 2016/1919 of the European Parliament and of the
Council on legal aid for suspects and accused persons in criminal proceedings and for
requested persons in European arrest warrant proceedings (40) 534
IV COUNCIL GENERAL SECRETARIAT - DG D 2B
V. SECTORIAL TEXTS
Protection of the European Communities' financial interests:
• 26 July 1995 - CONVENTION on the protection of the EC's financial interests (41) 545
• 27 September 1996 - PROTOCOL to the Convention on the protection of the EC's financial
interests (42) 549
• 29 November 1996 - PROTOCOL on the interpretation of the Convention on the protection
of the EC's financial interests (43) 554
• 19 June 1997 - SECOND PROTOCOL of the Convention on the protection of the EC's
financial interests (44) 558
• 5 July 2017 - DIRECTIVE (EU) 2017/1371 on the fight against fraud to the Union's
financial interests by means of criminal law (PIF Directive) (44a) 564
Financial crime:
• 17 October 2000 - Council DECISION 2000/642/JHA concerning arrangements for
cooperation between financial intelligence units of the Member States in respect of
exchanging information (45) 577
• 6 December 2001 - Council DECISION 2001/887/JHA on the protection of the euro
against counterfeiting (46) 580
• 15 May 2014 - DIRECTIVE 2014/62/EU of the European Parliament and of the Council on
the protection of the euro and other currencies against counterfeiting by criminal law, and
replacing Council Framework Decision 2000/383/JHA (47) 582
Corruption:
• 22 July 2003 - Council FRAMEWORK DECISION 2003/568/JHA on combating
corruption in the private sector (48) 590
• 24 October 2008 - Council DECISION 2008/852/JHA on a contact-point network against
corruption (49) 593
Money laundering and freezing/confiscation:
• 26 June 2001 - Council FRAMEWORK DECISION 2001/500/JHA on money laundering,
the identification, tracing, freezing, seizing and confiscation of instrumentalities and the
proceeds of crime (50) 595
• 24 February 2005 - Council FRAMEWORK DECISION 2005/212/JHA on confiscation of
crime-related proceeds, instrumentalities and property (51) 597
• 3 April 2014 - DIRECTIVE 2014/42/EU of the European Parliament and of the Council on
the freezing and confiscation of instrumentalities and proceeds of crime in the European
Union + Corrigendum (52 + 52a) 600
Market abuse:
• 16 April 2014 - DIRECTIVE 2014/57/EU of the European Parliament and of the Council on
criminal sanctions for market abuse (market abuse directive) (53) 613
Table of Contents
COUNCIL GENERAL SECRETARIAT - DG D 2B V
Cybercrime:
• 29 May 2000 - Council DECISION 2000/375/JHA to combat child pornography on the
Internet (54) 624
• 28 May 2001 - Council FRAMEWORK DECISION 2001/413/JHA combating fraud and
counterfeiting of non-cash means of payment (55) 628
• 12 August 2013 - DIRECTIVE 2013/40/EU of the European Parliament and of the Council
on attacks against information systems and replacing Council Framework Decision
2005/222/JHA (56) 632
Child sexual abuse:
• 13 December 2011 - DIRECTIVE 2011/93/EU of the European Parliament and of the
Council on combating the sexual abuse and sexual exploitation of children and child
pornography, and replacing Council Framework Decision 2004/68/JHA + Corrigendum (57
+ 57a) 639
Trafficking in human beings:
• 5 April 2011 - DIRECTIVE 2011/36/EU of the European Parliament and of the Council on
preventing and combating trafficking in human beings and protecting its victims, and
replacing Council Framework Decision 2002/629/JHA (58) 654
Terrorism / organised crime:
• 20 September 2005 - Council DECISION 2005/671/JHA on the exchange of information
and cooperation concerning terrorist offences (59) 665
• 24 October 2008 - Council FRAMEWORK DECISION 2008/841/JHA on the fight against
organised crime (60) 668
• 15 March 2017 - DIRECTIVE 2017/541 of the European Parliament and of the Council on
combating terrorism and replacing Council Framework Decision 2002/475/JHA and
amending Council Decision 2005/671/JHA (61) 672
Racism and xenophobia:
• 28 November 2008 - Council FRAMEWORK DECISION 2008/913/JHA on combating
certain forms and expressions of racism and xenophobia by means of criminal law (62) 688
Genocide, crimes against humanity and war crimes:
• 13 June 2002 - Council DECISION 2002/494/JHA setting up a European network of
contact points in respect of persons responsible for genocide, crimes against humanity and
war crimes (63) 692
• 8 May 2003 - Council DECISION 2003/335/JHA on the investigation and prosecution of
genocide, crimes against humanity and war crimes (64) 694
Environment:
• 7 September 2005 - DIRECTIVE 2005/35/EC of the European Parliament and of the
Council on ship-source pollution and on the introduction of penalties for infringements
(65) 697
• 19 November 2008 - DIRECTIVE 2008/99/EC of the European Parliament and of the
Council on the protection of the environment through criminal law (66) 708
Table of Contents
VI COUNCIL GENERAL SECRETARIAT - DG D 2B
• 21 October 2009 - DIRECTIVE 2009/123/EC of the European Parliament and of the
Council amending Directive 2005/35/EC on ship-source pollution and on the introduction
of penalties for infringements (67) 718
VI. OTHER TEXTS
• 5 December 1997 - JOINT ACTION 97/827/JHA adopted by the Council on the basis of
Article K.3 of the Treaty on European Union, establishing a mechanism for evaluating the
application and implementation at national level of international undertakings in the fight
against organized crime (68) 725
• 27 April 2016 - REGULATION (EU) 2016/679 of the European Parliament and of the
Council on the protection of natural persons with regard to the processing of personal data
and on the free movement of such data, and repealing Directive 95/46/EC (General Data
Protection Regulation) (69) 728
• 27 April 2016 - DIRECTIVE (EU) 2016/680 of the European Parliament and of the Council
on the protection of natural persons with regard to the processing of personal data by
competent authorities for the purposes of the prevention, investigation, detection or
prosecution of criminal offences or the execution of criminal penalties, and on the free
movement of such data, and repealing Council Framework Decision 2008/977/JHA (70).816
• 28 November 2008 - RESOLUTION 2008/C 326/1 of the Council and of the
Representatives of the Governments of the Member States, meeting within the Council, on
the establishment of a Network for legislative cooperation between the Ministries of
Justice of the European Union (71) 859
• 30 November 2009 - Council CONCLUSIONS on model provisions, guiding the Council's
criminal law deliberations (72) 861
VII. AGREEMENTS WITH THIRD COUNTRIES
• 25 June 2003 - AGREEMENT on mutual legal assistance between the EU and the USA
(73) 869
• 25 June 2003 - AGREEMENT on extradition between the EU and the USA (74) 878
• 19 December 2003 - AGREEMENT between the European Union and the Republic of
Iceland and the Kingdom of Norway on the application of certain provisions of the
Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the
Member States of the European Union and the 2001 Protocol thereto (75) 885
• 28 June 2006 - AGREEMENT between the European Union and the Republic of Iceland
and the Kingdom of Norway on the surrender procedure between the Member States of the
European Union and Iceland and Norway (76) 890
• 20 November 2009 - AGREEMENT between the European Union and Japan on mutual
legal assistance in criminal matters (77) 908
um
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