Michele Caianiello
Biographic Data
| ID | 6549776 |
|---|---|
| NAME | Michele Caianiello |
| GIVEN NAMES | Michele |
| FAMILY NAME | Caianiello |
| SIGNATURE | CAIANIELLO M |
| AFFILIATIONS | University of Bologna |
| ORCID | 0000-0002-0735-0471 |
| VERIFIED | Yes |
| TOTAL WORKS | 15 |
| TOTAL CITATIONS | 2 |
| WORKS AS AUTHOR | 15 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2010 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 1 |
Immunity and Sincere Cooperation
In an action brought on 28 April, the European Public Prosecutor's Office (eppo) asked the Court of Justice (ecj) to annul the decision of the European Court of Auditors (eca), communicated to the eppo in December 2024.1 The eca decision concerned the eppo's request of 26 September 2024 for lifting the confidentiality of EU officials to be heard as witnesses in the framework of a criminal investigation.This is a sensitive issue that arose during …
Biannual Prize for the Most Outstanding Contribution to the Journal 2024
Sometimes the More is Less. Transnational Investigations in the eppo System After the Judgment of the EU Court of Justice
The article examines the first jurisprudential issues related to the entry into force of the European Public Prosecutor's Office (EPPO). A special and more in-depth focus is devoted to the judgment of the Court of Justice CJEU, Grand Chamber, 21 December 2023, C-281/22 (G. K. and others v. EPPO)
The Role of the EU in the Investigation of Serious International Crimes Committed in Ukraine. Towards a New Model of Cooperation
We are all well aware that the European Union is a highly complex and articulated entity, with multifaced interests. Yet we tend to consider it mainly as a system focused on developing a better economy improving progressively a common market. This approach with the eyes of the past prevents in some cases to pay due attention to the EU's efforts and the related strategies to counter the commission of core international crimes (cic), a definition e…
Jury Report on the Young Scholar Competition to Celebrate the 30th Anniversary of the European Journal for Crime, Criminal Law and Criminal Justice
Dangerous Liaisons. Potentialities and Risks Deriving from the Interaction between Artificial Intelligence and Preventive Justice
The Infosphere as a legalshpere One of the crucial challenges of social and economic development in current times concerns how States will be able take advantage and make an appropriate use of ai and ml systems.1 The EU, inevitably well aware of this, has embarked on a digital agenda that intends to explore all possible employments of ai while respecting the rights of citizens, as the recent establishment by the European Parliament of the special…
Criminal Process faced with the Challenges of Scientific and Technological Development
This work examines some current-time challenges to the basic principles concerning fact-finding in criminal proceedings. The starting point of the analysis is that, no matter the theoretical model adopted in a criminal justice system, the essence of fair trial is that each party shall enjoy an effective chance to tell its story and to challenge the story and the theses proposed by the counterparts. This approach to criminal proceedings, that we c…
Processo penale e prescrizione nel quadro della giurisprudenza europea. Dialogo tra sistemi o conflitto identitario
Precarietà e incertezza sembrano affliggere, nei tempi recenti, la prescrizione del reato, quando la si osservi da una prospettiva sovranazionale o comparata. Sullo sfondo, si pone il problema della tenuta del nostro sistema nel suo complesso, e persino della sua identità, come l’abbiamo concepita e tramandata di generazione in generazione. Con l’ordinanza n. 24 del 2017, la Corte costituzionale, sollevando una nuova questione pregiudiziale, most…
You Can’t Always Counterbalance What You Want
The ECtHR seems to be rethinking about its leading role in our Continent, getting back to the old times, in which the Court was far more concerned with ensuring the fairness of single cases than favouring the building up of a fair supranational criminal justice system. In several cruxes of criminal procedure, in fact, the ECtHR overruled its previous jurisprudence, following specific, non-replicable and closely related-to- the-single-case reasons…
Dum Romae (et Brucsellae) Consulitur
On September 8, 2015, the Grand Chamber of European Court of Justice adopted a pivotal decision on a preliminary ruling referred by an Italian Court concerning a criminal case of serious VAT fraud. The judgment opens a new path for the EU Criminal Justice system. Two are the main legal issues on which, hereinafter, scholars and practitioners will be called to reflect on. First of all, the Court did not only confirm that VAT is at the core of the …
Criminal Appeals in Europe
This paper is focused on the appeal system in criminal justice, in a comparative perspective, considered from the standpoint of the defendant. Most part of the directives adopted after the 2009 Stockholm Programme in the afsj area involve issues related to the appeal stage. Appeal represents an instrument prevailingly conceived in favour of the defence. This pro-defence inclination of the appeal bears some relevant risk for the effectivity of the…
To Sanction (or not to Sanction) Procedural Flaws at eu Level
After the entry into force of the Lisbon Treaty, the EU adopted five directives under art. 82 par. 2 TFEU on various aspects of the criminal process (others are currently being approved ). For the most part, they provide for numerous rules on procedure, containing guidelines on how certain acts, parts, or phases of criminal proceedings should be conducted. However, they barely, if ever, provide for procedural sanctions. The absence of legal conse…
The Proposal for a Regulation on the Establishment of an European Public Prosecutor’s Office
Il contributo esamina la proposta di regolamento presentata dalla Commissione per la istituzione di un Ufficio del Procuratore europeo (EPPO)
First Decisions on the Admission of Evidence at ICC Trials
The aim of this article is to analyse some aspects of the law of evidence provided for by the rules applicable to proceedings before the International Criminal Court (ICC). The article will specifically address the admission provisions to ascertain whether the merging of different legal traditions may be considered successful or subject to criticism. For this purpose, in the analysis of the first decisions adopted by the ICC concerning evidence, …
Disclosure before the ICC
The use of theoretical models, the most famous of which is the distinction between accusatorial and inquisitorial, is decisive in testing the intrinsic consistency of a specific procedural system. The aim of this work is to analyse some aspects of the law of evidence provided for by ICC sources, specifically the disclosure provisions, and ascertain whether the blending of different legal traditions may be regarded as successful or subject to crit…
First Decisions on the Admission of Evidence at ICC Trials
The aim of this article is to analyse some aspects of the law of evidence provided for by the rules applicable to proceedings before the International Criminal Court (ICC). The article will specifically address the admission provisions to ascertain whether the merging of different legal traditions may be considered successful or subject to criticism. For this purpose, in the analysis of the first decisions adopted by the ICC concerning evidence, …
Disclosure before the ICC
The use of theoretical models, the most famous of which is the distinction between accusatorial and inquisitorial, is decisive in testing the intrinsic consistency of a specific procedural system. The aim of this work is to analyse some aspects of the law of evidence provided for by ICC sources, specifically the disclosure provisions, and ascertain whether the blending of different legal traditions may be regarded as successful or subject to crit…
Disclosure before the ICC
The use of theoretical models, the most famous of which is the distinction between accusatorial and inquisitorial, is decisive in testing the intrinsic consistency of a specific procedural system. The aim of this work is to analyse some aspects of the law of evidence provided for by ICC sources, specifically the disclosure provisions, and ascertain whether the blending of different legal traditions may be regarded as successful or subject to crit…
First Decisions on the Admission of Evidence at ICC Trials
The aim of this article is to analyse some aspects of the law of evidence provided for by the rules applicable to proceedings before the International Criminal Court (ICC). The article will specifically address the admission provisions to ascertain whether the merging of different legal traditions may be considered successful or subject to criticism. For this purpose, in the analysis of the first decisions adopted by the ICC concerning evidence, …
The Proposal for a Regulation on the Establishment of an European Public Prosecutor’s Office
Il contributo esamina la proposta di regolamento presentata dalla Commissione per la istituzione di un Ufficio del Procuratore europeo (EPPO)
To Sanction (or not to Sanction) Procedural Flaws at eu Level
After the entry into force of the Lisbon Treaty, the EU adopted five directives under art. 82 par. 2 TFEU on various aspects of the criminal process (others are currently being approved ). For the most part, they provide for numerous rules on procedure, containing guidelines on how certain acts, parts, or phases of criminal proceedings should be conducted. However, they barely, if ever, provide for procedural sanctions. The absence of legal conse…
Dum Romae (et Brucsellae) Consulitur
On September 8, 2015, the Grand Chamber of European Court of Justice adopted a pivotal decision on a preliminary ruling referred by an Italian Court concerning a criminal case of serious VAT fraud. The judgment opens a new path for the EU Criminal Justice system. Two are the main legal issues on which, hereinafter, scholars and practitioners will be called to reflect on. First of all, the Court did not only confirm that VAT is at the core of the …
Criminal Appeals in Europe
This paper is focused on the appeal system in criminal justice, in a comparative perspective, considered from the standpoint of the defendant. Most part of the directives adopted after the 2009 Stockholm Programme in the afsj area involve issues related to the appeal stage. Appeal represents an instrument prevailingly conceived in favour of the defence. This pro-defence inclination of the appeal bears some relevant risk for the effectivity of the…
Processo penale e prescrizione nel quadro della giurisprudenza europea. Dialogo tra sistemi o conflitto identitario
Precarietà e incertezza sembrano affliggere, nei tempi recenti, la prescrizione del reato, quando la si osservi da una prospettiva sovranazionale o comparata. Sullo sfondo, si pone il problema della tenuta del nostro sistema nel suo complesso, e persino della sua identità, come l’abbiamo concepita e tramandata di generazione in generazione. Con l’ordinanza n. 24 del 2017, la Corte costituzionale, sollevando una nuova questione pregiudiziale, most…
You Can’t Always Counterbalance What You Want
The ECtHR seems to be rethinking about its leading role in our Continent, getting back to the old times, in which the Court was far more concerned with ensuring the fairness of single cases than favouring the building up of a fair supranational criminal justice system. In several cruxes of criminal procedure, in fact, the ECtHR overruled its previous jurisprudence, following specific, non-replicable and closely related-to- the-single-case reasons…
Criminal Process faced with the Challenges of Scientific and Technological Development
This work examines some current-time challenges to the basic principles concerning fact-finding in criminal proceedings. The starting point of the analysis is that, no matter the theoretical model adopted in a criminal justice system, the essence of fair trial is that each party shall enjoy an effective chance to tell its story and to challenge the story and the theses proposed by the counterparts. This approach to criminal proceedings, that we c…
Dangerous Liaisons. Potentialities and Risks Deriving from the Interaction between Artificial Intelligence and Preventive Justice
The Infosphere as a legalshpere One of the crucial challenges of social and economic development in current times concerns how States will be able take advantage and make an appropriate use of ai and ml systems.1 The EU, inevitably well aware of this, has embarked on a digital agenda that intends to explore all possible employments of ai while respecting the rights of citizens, as the recent establishment by the European Parliament of the special…
The Role of the EU in the Investigation of Serious International Crimes Committed in Ukraine. Towards a New Model of Cooperation
We are all well aware that the European Union is a highly complex and articulated entity, with multifaced interests. Yet we tend to consider it mainly as a system focused on developing a better economy improving progressively a common market. This approach with the eyes of the past prevents in some cases to pay due attention to the EU's efforts and the related strategies to counter the commission of core international crimes (cic), a definition e…
Jury Report on the Young Scholar Competition to Celebrate the 30th Anniversary of the European Journal for Crime, Criminal Law and Criminal Justice
Biannual Prize for the Most Outstanding Contribution to the Journal 2024
Sometimes the More is Less. Transnational Investigations in the eppo System After the Judgment of the EU Court of Justice
The article examines the first jurisprudential issues related to the entry into force of the European Public Prosecutor's Office (EPPO). A special and more in-depth focus is devoted to the judgment of the Court of Justice CJEU, Grand Chamber, 21 December 2023, C-281/22 (G. K. and others v. EPPO)
Immunity and Sincere Cooperation
In an action brought on 28 April, the European Public Prosecutor's Office (eppo) asked the Court of Justice (ecj) to annul the decision of the European Court of Auditors (eca), communicated to the eppo in December 2024.1 The eca decision concerned the eppo's request of 26 September 2024 for lifting the confidentiality of EU officials to be heard as witnesses in the framework of a criminal investigation.This is a sensitive issue that arose during …
Political science (13 works) · Law (11 works) · Law (10 works) · Sociology (10 works) · Law and economics (9 works) · European Criminal Justice and Data Protection (8 works) · European and International Law Studies (7 works) · Economic Justice (6 works) · Business (5 works) · Computer Science (5 works)