@article{2017:kaiafagbandi:ecjs_re,
title = {ECJ’s Recent Case-Law on Criminal Matters: Protection of Fundamental Rights in EU Law and its Importance for Member States’ National Judiciary},
year = {2017},
note = {This paper attempts to highlight the main features of ECJ case-law on
safeguarding fundamental rights through an overview of the most nodal
recent judgments in criminal cases. The objective is to specify their
importance to member states’ judiciaries, intending to serve the
proper administration of justice in an institutionally multilevel and
highly sensitive judicial area. In this context, the paper discusses:
(a) the Grand Chamber judgment in Åklagaren v. Hans Åkerberg
Fransson (C-617/10, 26.2.2013) for the enforcement of the ne bis in
idem principle between “administrative” and criminal sanctions,
together with the recent convictions of Greece by the ECtHR and the
relevant national Supreme Administrative Court case-law, (b) the Grand
Chamber judgment in the Τaricco case (C-105/14, 8.9.2015) on the
non-application of national provisions on the statute of limitations
to ensure effective protection of the EU financial interests in view
of the Union law primacy, and (c) the Grand Chamber judgment in joined
cases Aranyosi, Căldăraru (C-404/15 and C-659/15, 5.4.2016) with
regard to the restriction of the mutual recognition principle to
ensure the warranty of fundamental rights while executing European
Arrest warrants. The overview offers support to national judges for an
effective protection of fundamental rights in their national laws, but
also an opportunity for vigilance in their further activation to this
direction in collaboration with the competent bodies of the EU legal
order.},
journal = {EuCLR European Criminal Law Review},
pages = {219--240},
author = {Kaiafa-Gbandi, Maria},
volume = {7},
number = {3}
}