Science AI Journal
Social Sciences · Research topic

Open research questions in European Criminal Justice and Data Protection

43 unresolved questions extracted from the limitations and future-work sections of 2,559 European Criminal Justice and Data Protection papers in our library. Each links back to the study that raised it.

What the literature leaves open

  • It is concluded that the existing system of international legal proportionality standards, despite its conceptual completeness, is insufficiently implemented at the national level, and that judicial control over «soft» forms of coercion, such as kettling and crowd-dispersal means, remains vulnerable to excessive judicial deference to law enforcement discretion.

    The State’s Use of Force in Situations of Mass Protests: current issues of proportionality · 2026 · DOI

  • It remains to be seen whether the Italian Constitutional Court will decide on the matter and whether it will be possible to apply the legal institution of the ‘adoption in particular cases’,49 as was previously permitted. 50 VI A WORRYING PRECEDENT Overall, Italy’s Law No 169 has wide-ranging implications that remain to be fully explored.

    Italy’s 2024 Universal Criminalisation of Surrogacy: Heightened Risk of Statelessness? · 2026 · DOI

  • Although the iudicia subalterna were „short-lived“ because the entire judicial system known as Novus ordo or Justitia Josephina collapsed in 1790, shortly after the death of Joseph II, the more in-depth examination of the josefinist first-instance courts is still considered a research field that has not been fully explored yet.

    “Two-faced Courts” – Some Key Features of New Subordinate Courts (iudicia subalterna) in Hungary and Transylvania (1787 – 1790) · 2024 · DOI

  • In this context, post-1989 research on communist and early post-communist Romania focused primarily on memory studies, as witness accounts abounded while archival sources were scarce, with emphasis on the recollections of those who suffered under communism.

    Post-Communist Anti-Communism in RomaniaSecret Police Files, Transitional Justice and Production of Knowledge · 2024 · DOI

  • Furthermore, it is also limited by the fact that solidarity cannot be expected by the one who is responsible for creating the danger, so in this respect the solution from the CC of Serbia is in accordance with the principle of limited solidarity.

    Justification and limits of the necessity in criminal law · 2022 · DOI

  • Nevertheless, it still remains an open question whether solidarity means that others voluntarily accept to sacrifice their goods (of lesser value) in order to save one's good (voluntariness could be based not only on altruism, but also on the expectation that the same will be done for apply to them if they find themselves in a situation of danger), or is it a legally imposed solidarity.

    Justification and limits of the necessity in criminal law · 2022 · DOI

  • This analysis piece responds to these developments by drawing out and reflecting upon the conceptual framework for human trafficking and Article 4 ECHR, identifying what we now know, and equally what remains unknown, about this important right.

    Human Trafficking, <i>SM v Croatia</i> and the Conceptual Evolution of Article 4 ECHR · 2021 · DOI

  • Due to the fact that the present shape of this regulation is the result of a long process of numerous legislative activities as well as various non-legislative forms of international cooperation, the article is not limited to the discussion of the current state of the criminal prosecution in the EU, but takes into account the historical emergence of various institutions, both before and after the establishment of the European Union.

    Ściganie karne w Unii Europejskiej przed i po Traktacie z Lizbony – wybrane zagadnienia · 2018 · DOI

  • The analysis of conflicts of exercise of jurisdiction provided in this paper is not limited to a mere explanation of the concept as such, but includes an essential analysis of other related issues, such as the principle of mutual recognition, its influence on the recognition of criminal proceedings as parallel proceedings, and including other aspects related to the matching of the form of national criminal proceedings with the criminal proceedings taking place in another member state.

    Jurisdiction Collisions In The Criminal Proceedings Of European Union Member States · 2015 · DOI

  • Nevertheless, it remains to be seen whether the increased emphasis of the Court on the integration criterion in the Article 8 expulsion cases influences the Court’s approach to key integration issues such as family reunification and in turn whether this filters down to legislators and policymakers at the national level.

    The Concept of Integration in the Jurisprudence of the European Court of Human Rights · 2010 · DOI

  • The argument, though not pressed before the court, is attractive but it remains to be seen whether the court will interpret article 10 as referring only to specific rules of customary international law as opposed to supposed grundnorms. 88 Moreover, it is insufficient that a particular Minister exercise powers of review over the operation of the tax if one of the requirements mentioned above is not satisfied.

    The Italian Constitutional Court · 1968 · DOI

  • These mixed results suggest that relying on a single universal standard to distinguish between violations may ne insufficient, highlighting the need for more tailored approached to monitoring state compliance.

    Ontkenning en gevangenisbeleid: Belgische en Engelse interacties met het Europees Comité voor de Preventie van Foltering en het Europees Hof voor de Rechten van de Mens · 2026

  • Whether the ECtHR will take a similarly critical stance toward the Italy-Albania agreement remains to be seen, particularly as Albania is itself a party to the European Convention on Human Rights.

    A Turning Point for EU Asylum Governance: Jurisdiction and Rights After Alace and Canpelli Case · 2026 · DOI

  • However, it remains to be seen how long it will take the BiH authorities to harmonize the legislation with the EU agenda.

    The Rights of Suspects and Accused in Criminal Proceedings in Bosnia and Herzegovina: To What Extent Are They in Compliance With European Union Agenda on Procedural Safeguards? · 2026 · DOI

  • The aim of the text is to demonstrate that the prolonged use of pre-trial detention represents a systemic problem in Poland, which, despite numerous judgments by the European Court of Human Rights (ECtHR) in cases against Poland, has not been addressed in any meaningful way.

    CHRONIC USE OF PRE-TRIAL DETENTION AS A SYSTEMIC PROBLEM IN POLAND – COMMENTS DE LEGE LATA AND DE LEGE FERENDA IN LIGHT OF ECTHR JURISPRUDENCE · 2025 · DOI

  • Findings suggest that, while the standard of perceived impartiality is recognized in Ser-bian legal texts, its consistent application is lacking, especially when judicial conduct is evaluated in the context of media exposure and online activity.

    The perception of impartiality in the judiciary: When appearance becomes a legal standard · 2025 · DOI

  • Following the conclusion that the existing principles are insufficient, it is suggested that the harm principle and the principle of protection of legal goods would be more appropriate to evaluate the material legitimacy of European criminal law.

    Navigating Troubled Waters: Evaluating the Function and Material Legitimacy of European Criminal Law · 2024 · DOI

  • The analysis has led to the conclusion that, despite the open questions that remain, the linkage between the two provisions can be used for corrective purposes, particularly in light of the recent lowering of standards by the ECtHR in relation to the prohibition of collective expulsion.

    The relationship between the prohibition of refoulement and the prohibition of collective expulsion in the context of access to territory: Standards of the European Court of Human Rights and their relevance for the legal system of the Republic of Serbia · 2023 · DOI

  • ) Supreme Court indicates that it strategically alters its language to obtain better compliance, but little is known about whether international courts do the same.

    Crafting the language of borders: The European Court of Justice's strategic opinion writing in rights cases · 2023 · DOI

  • Despite the position, formulated for years in the documents of the Council of Europe, that restorative justice and mediation should be a public service at every stage of criminal proceedings, it has not been established at the stage of executive proceedings.

    The right of access to restorative justice and mediation at the stage of criminal enforcement proceedings. Comments de lege lata and de lege ferenda · 2022 · DOI

  • Despite the increasing focus on prison inspection and monitoring bodies in international law and policy, little is known about their operations in practice.

    Rights protection in prisons: Understanding recommendations-making by prison inspection and monitoring bodies in the European Union · 2021 · DOI

  • Since very little is known about the Danzig Higher Administrative Court and its files are believed to have been lost in the war, it was necessary to draw from very scattered and often poorly accessible sources in order to provide the following general overview.

    The Free City of Danzig and its Higher Administrative Court (1920–1935) · 2020 · DOI

  • The legal literature in the Czech Republic is devoted to this topic on a large scale, however Hungarian legislation has not yet been analysed fo purposes of comparation.

    Criminal Responsibility and the System of Sanctioning Juvenile Offenders in the Czech Republic and Hungary · 2018 · DOI

  • Abstract The issues of State and diplomatic immunity in cases involving persons employed by foreign States in embassies or consulates or engaged directly by diplomats remain controversial.

    STATE AND DIPLOMATIC IMMUNITY AND EMPLOYMENT RIGHTS: EUROPEAN LAW TO THE RESCUE? · 2015 · DOI

  • Inaction is lawful if the EU institution has wide discretion to choose whether to act and such discretion is not limited to acting conditions.

    Europos Sąjungos institucijų teisėtas ir neteisėtas neveikimas · 2014 · DOI

Most-cited papers in European Criminal Justice and Data Protection

Most recent work

Find a gap in your own European Criminal Justice and Data Protection sub-topic

This page shows what the European Criminal Justice and Data Protection literature already flags as unresolved. To narrow it to your specific question, run the guided finder — it searches the gap library on demand and checks candidates against 250M+ OpenAlex works.

Open the Research Gap Finder →

Related topics in Social Sciences

Teacher Education and Leadership Studies
832 open questions
Criminal Justice and Corrections Analysis
784 open questions
Online and Blended Learning
745 open questions
Science Education and Pedagogy
597 open questions
Higher Education Research Studies
588 open questions
Mathematics Education and Teaching Techniques
563 open questions
Intimate Partner and Family Violence
519 open questions
Early Childhood Education and Development
486 open questions
43 open questions have been extracted from the limitations and future-work passages of 2,559 European Criminal Justice and Data Protection papers in our library. Each one below links back to the study that raised it, so you can read the original claim in context.

Tools for your next paper

Gaps & Literature SearchFind open questions in any field — 120,000+ open gaps mined from our own library.Pre-CheckIs your paper ready? A Tier 1–5 acceptance probability in seconds.Journal FinderA ranked shortlist of target journals from a 17,500-venue index.Duplicate Publication CheckerCheck prior-publication & salami-slicing risk across 8 sources.Citation GeneratorFreeA DOI or title → APA, MLA, Vancouver, Chicago, BibTeX, RIS. No signup.Graphical Abstract MakerFreeTurn your findings into a colorblind-safe graphical abstract.

Compare the category — Honest roundups of the AI research tools, ours listed alongside the alternatives.

Command palette

Jump anywhere, run any action.