Traduction de «double-acting door » (Anglais → Français) :

1. If the acts giving rise to the confiscation order constitute one or more of the following offences, as defined by the law of the issuing State, and are punishable in the issuing State by a custodial sentence of a maximum of at least three years, the confiscation order shall give rise to execution without verification of the double criminality of the acts:

From its side, the European Parliament has already signalled that it could accept the compromise solution given in particular, that the so called "double safety net" will disappear and that the Council will have to act in future by qualified majority to oppose a Commission proposal.

The transfer of enforcement of a sentence needs the agreement of the sentencing State and the administering State and may take place only if it satisfies all the conditions set out in Article 5 of the Convention, namely: (a) the judgment is final and enforceable; (b) the acts or omissions on account of which the sentence has been imposed constitute one of the offences referred to in Article 1(1)(a) according to the law of the administering State or would constitute such an offence if committed in its territory ("dual criminality"); (c) under the laws of the sentencing State or the administering State, the enforcement is not barred by time limitations; (d) final judgment against the sentenced person in respect of the same acts has not bee ...[+++]n delivered in the administering State; and (e) when a final judgment against the sentenced person in respect of the same acts has been delivered in a third State, the transfer of enforcement would not run counter to the principle of prohibiting double jeopardy.

Investment flows increased fivefold between 1984 and 1988; they doubled in 1986, the year in which the Single European Act was adopted and Spain and Portugal joined the Community; they then doubled again in 1988.

As an alternative to this rule, Member States not prepared to extradite persons by way of exception to the double criminality principle (convictions in both the requesting and the requested Member State) must provide in their national legislation, in accordance with the conditions laid down in the Convention, for a description of the behaviour of any person which contributes to the commission by a group of persons acting with a common purpose of one or more offences as referred to above.

This new approach, advocated by the Single Act, had already produced results in the field of taxation, e.g. in connection with the double taxation of companies.