Historique
Rapport
Current situation in judicial cooperation in new psychoactive substance and (pre)precursor cases. Analysis report
Auteur(s) :
European Union, Eurojust
Année
2018
Page(s) :
16 p.
Langue(s) :
Anglais
Éditeur(s) :
The Hague : Eurojust
ISBN :
978-92-9490-220-7
Domaine :
Drogues illicites / Illicit drugs
Discipline :
LOI (Loi et son application / Law enforcement)
Thésaurus géographique
EUROPE
Thésaurus mots-clés
LEGISLATION
;
DROGUES DE SYNTHESE
;
PRECURSEURS
;
JUSTICE
;
PARTENARIAT
;
DEFINITION
;
JUGEMENT
Résumé :
This report focuses on the recent developments in Member States' legislation, casework and operational experience with regard to the investigation and prosecution of new psychoactive substance (NPS) and (pre)precursor cases of a cross-border nature.
Following a judgement by the Court of Justice of the European Union (CJEU), substances that do not have any beneficial effect on human health are not medicinal products, and medicine laws should no longer be used as a basis for the prosecution of NPS and (pre)precursor cases. Thereupon, several Member States modified their legislation accordingly.
Due to the constant modification of the chemical structure of the substances, NPSs risk falling out of the scope of national regulations. Member States have chosen different regulatory methods to respond to this risk. Eleven States (out of a total of 24) are regulating substances based on a listing of substances (or types/groupings of substances) which is attached to a law. Other means of regulating are by describing the substance (or types/groupings of substances) in the law, using relevant administrative rules either as a sole legislative source or to cover the gaps in criminal law, by describing the effects of a specific substance or by applying international agreements as complementary to national law.
Following a judgement by the Court of Justice of the European Union (CJEU), substances that do not have any beneficial effect on human health are not medicinal products, and medicine laws should no longer be used as a basis for the prosecution of NPS and (pre)precursor cases. Thereupon, several Member States modified their legislation accordingly.
Due to the constant modification of the chemical structure of the substances, NPSs risk falling out of the scope of national regulations. Member States have chosen different regulatory methods to respond to this risk. Eleven States (out of a total of 24) are regulating substances based on a listing of substances (or types/groupings of substances) which is attached to a law. Other means of regulating are by describing the substance (or types/groupings of substances) in the law, using relevant administrative rules either as a sole legislative source or to cover the gaps in criminal law, by describing the effects of a specific substance or by applying international agreements as complementary to national law.