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Open research questions in European Criminal Justice and Data Protection

114 unresolved questions extracted from the limitations and future-work sections of 2,581 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 remains to be seen if Sweden in the 1980s is going to have a further expansion of the province of the jury outside the press area proper.

    The Swedish jury system in press cases: An offspring of the English trial jury? · 1987 · DOI

  • Limited attention has been given to the practical implementation of the ne bis in idem principle in the Serbian legal system. There are normative and practical gaps in the application of the principle.

    The “Ne Bis in Idem” Principle in Serbian Criminal Law: Application, Challenges, and Supranational Influences · 2026 · DOI

  • Ensuring the right to a fair trial in cases involving co-offenders. Regulating the rules on the examination and use of testimony of a co-offender. Balancing the need for evidence with the right to a fair trial.

    Testimony of Co-Offenders in the Light of the Right to a Fair Trial: Comparative Legal Aspects and Standards of the European Court of Human Rights · 2026 · DOI

  • There is a need to regulate the rules on the examination and use of testimony of a co-offender. The current legal framework does not provide clear guidelines on the use of testimony of co-accused persons.

    Testimony of Co-Offenders in the Light of the Right to a Fair Trial: Comparative Legal Aspects and Standards of the European Court of Human Rights · 2026 · DOI

  • The need to analyze the EPPO's organization and operation to determine its impact on national sovereignty.

    ЄВРОПЕЙСЬКА ПРОКУРАТУРА (EPPO): НАДНАЦІОНАЛЬНЕ КРИМІНАЛЬНЕ ПЕРЕСЛІДУВАННЯ VS. НАЦІОНАЛЬНИЙ СУВЕРЕНІТЕТ · 2026 · DOI

  • The extraterritorial nature of shipwrecks involving migrants poses challenges for States' responsibilities under the ECHR. The lack of a coherent legal framework to address the accountability gap poses challenges for the protection of migrants at sea. The need for effective investigations into deaths or near-fatal accidents poses challenges for States.

    Charting Uncharted Waters: Unravelling Extraterritorial Duties under Articles 2 and 3 of the ECHR · 2026 · DOI

  • The precise contours of States' positive obligations under Article 2 and Article 3 of the ECHR in the context of shipwrecks involving migrants remain contested. The accountability gap in cases of maritime distress needs to be addressed. The protection of migrants at sea needs to be strengthened.

    Charting Uncharted Waters: Unravelling Extraterritorial Duties under Articles 2 and 3 of the ECHR · 2026 · DOI

  • The complexity of the case or the mental state of the suspect or the accused. The need for harmonization of BiH's national legislation with EU standards and legislation. The importance of respecting the rights of suspects and accused in criminal proceedings.

    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

  • There is a need for further research on the implementation of the EU agenda on procedural safeguards in BiH. There is a lack of comprehensive analysis of all aspects of the rights of suspects and accused in BiH's criminal proceedings.

    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 violation of human dignity may serve as the initial cause of a chain of subsequent infringements of other human rights. The deprivation of liberty inevitably causes psychological suffering. The protection of human dignity is crucial in the field of criminal enforcement law.

    Respect for Human Dignity – The Fundamental Principle of Romanian and European Penal Enforcement Law · 2026 · DOI

  • The tension between national welfare autonomy and supranational guarantees of equality and nondiscrimination. The gap between legal status and social inclusion.

    From Legal Status to Social Inclusion: Third-Country Nationals and the Right to Welfare in Europe · 2026 · DOI

  • The paper identifies a gap in the analysis of the doctrine of participation in a joint criminal enterprise. The paper highlights the need to examine the implications of this doctrine on the principle of legality in criminal law.

    Chronology of events as a refutation of allegations of participation of the Serbian leadership in a "joint criminal enterprise" in Bosnia and Herzegovina · 2026 · DOI

  • The paper identifies a gap in the current framework for extraterritorial asylum processing. The gap relates to the lack of effective safeguards to prevent rights violations in extraterritorial asylum processing.

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

  • The intersection between international surrogacy and statelessness has not been fully examined. The compatibility of Italy's law with its international legal obligations on statelessness has not been fully investigated.

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

  • The relationship between EU law and national law in the area of nationality is not clearly defined. The boundaries between the protection of the Union’s values and the sovereignty of Member States are not well established.

    Battling Member States’ Competence in the Field of Citizenship: The Case of Commission v Malta · 2026 · DOI

  • The paper identifies a gap in the research on judicial independence from a material point of view. It highlights the need for adequate remuneration to ensure judicial independence.

    Judicial independence as an institutional safeguard of the exercise of individuals’ fundamental and procedural rights · 2026 · DOI

  • The migration crisis poses significant challenges for the European Court of Human Rights. The Court must balance the need to protect human rights with the need to address the migration crisis.

    Awaiting the European Court of Human Rights’ Judgment on Pushbacks on the Border with Belarus · 2026 · DOI

  • The paper identifies a need to assess the evolution of the Court's case law on the migration crisis. The paper aims to predict the Court's upcoming ruling on pushbacks on the border with Belarus.

    Awaiting the European Court of Human Rights’ Judgment on Pushbacks on the Border with Belarus · 2026 · DOI

  • The implementation of the new Criminal Code. The evaluation of the effectiveness of the new code. The identification of areas for further improvement.

    The Importance of Adopting a New Criminal Code in the Republic of Albania. A Summary Analysis of the Criminal Code Project · 2026 · DOI

  • The lack of a unified scientific identity in the current Criminal Code. The uneven application of terminology and principles. The necessity for a new code that addresses the deficiencies of the current code.

    The Importance of Adopting a New Criminal Code in the Republic of Albania. A Summary Analysis of the Criminal Code Project · 2026 · DOI

  • The concept of effective competition is a core objective of competition policy, but a satisfactory description is still lacking. The legal frameworks upon which the efficacy of interim measures relies are not well understood. The application of interim measures in European antitrust enforcement is not well studied.

    The Dual Nature of Interim Measures in European Antitrust Enforcement: Administrative Implementation and Judicial Oversight · 2026 · DOI

  • There is a gap between internationally established standards on the use of force by law enforcement agencies and the actual practice of their observance.

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

  • 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

  • The difficulty of preserving the readability of objectives, alternatives, and supporting evidence in omnibus legislation. The need to ensure that impact assessments occupy a central place in preserving the readability of objectives, alternatives, and supporting evidence. The challenge of ensuring that evaluations, fitness checks, and scientific or technical advice play a related role in the justificatory environment of EU lawmaking.

    Cutting Red Tape, Cutting the Record: Contestability, Impact Assessments, and Judicial Review in the EU’s Omnibus Reform Strategy · 2026 · DOI

Most-cited papers in European Criminal Justice and Data Protection

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114 open questions have been extracted from the limitations and future-work passages of 2,581 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.

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