Selected Publications
- Terrorismo, proceso penal y derechos fundamentales (ed.) [Terrorism, Criminal Procedure and Human Rights], 298 pp. Marcial Pons, Madrid, 2012.
- Proceso penal y sistemas acusatorios (ed.) [Criminal procedure and accusatorial systems], Madrid, 2008, 198 pp.
- The potential contribution of a European Public Prosecutor’s Office at the light of the Proposal for a Regulation of 17 July 2013, European Journal of Crime, Criminal Law and Criminal Justice 23 (2015), pp.121-144.
- European investigation order and cross-border investigation of tax offences: mutual recognition and grounds for refusal, EuCLR (European Criminal Law Review) 1/2017, vol. 7, pp. 46-66.
- Remote search of computers under the new Spanish Law of 2015: proportionality principle and the protection of privacy, ZStW (Zeitschrift für die gesamte Strafrechtswissenschaft), 2017, 129(1), pp.1-27.
FRIAS Project
International Security, Privacy and Criminal Investigation: a Human Rights Approach.
The fight against terrorism and other forms of transnational organised crime (TOC) is a priority in the European Union. Identifying radicalized persons that can become potential terrorist seems to be necessary as well as detecting connections between terrorist groups and other organised criminal groups requires resorting to pro-active led intelligence and surveillance activities.
This research project will analyse, from a comparative point of view, the constitutional and legal problems relating to the gathering, transfer and admissibility of such information gathered in another member State, by intelligence units as well as by law enforcement officers. Special attention shall be paid to the questions regarding the use mass surveillance devices and the cross-border remote search of computers, due to its diverse regulation (or lack of regulation) in the different EU member states. Ultimately, the goal is to contribute to improve the safeguards to the right to privacy of the individuals and the respect for the fair trial rights, whilst strengthening the international cooperation in gathering and transferring electronic data and ensuring its admissibility as evidence within the EU Area of Freedom Security and Justice.