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This study examines the legal and political implications of the forthcoming end of the transitional period for the measures in the fields of police and judicial cooperation in criminal matters, as set out in Protocol 36 to the EU Treaties. This Protocol limits some of the most far-reaching innovations introduced by the Treaty of Lisbon over EU cooperation on Justice and Home Affairs for a period of five years after the entry into force of the Treaty of Lisbon (until 1 December 2014), and provides the UK with special ‘opt out/opt-in’ possibilities. The study focuses on the meaning of the transitional period for the wider European Criminal Justice area. The most far-reaching change emerging from the end of this transition will be the expansion of the European Commission and Luxembourg Court of Justice scrutiny powers over Member States’ implementation of EU criminal justice law. The possibility offered by Protocol 36 for the UK to opt out and opt back in to pre-Lisbon Treaty instruments poses serious challenges to a common EU area of justice by further institutionalising ‘over-flexible’ participation in criminal justice instruments. The study argues that in light of Article 82 TFEU the rights of the defence are now inextricably linked to the coherency and effective operation of the principle of mutual recognition of criminal decisions, and calls the European Parliament to request the UK to opt in EU Directives on suspects procedural rights as condition for the UK to ‘opt back in’ measures like the European Arrest Warrant.

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The nomination on 21 March of deputy prime minister Dmitri Rogozin to the newly created post of the Russian president’s special representative for Transnistria and to the post of co-chairman of the Russian-Moldovan intergovernmental committee demonstrates the Kremlin’s increased interest in Moldova, and may be a sign of a change in Russia’s strategy towards this country. Other developments which may suggest a revival of Russia’s policy towards Moldova include the appointment on 5 April of Farit Mukhametshin as Russia’s new ambassador in Chisinau. Mukhametshin is a high-ranking official who had previously headed the Federal Agency for the Commonwealth of Independent States, Compatriots Living Abroad and International Humanitarian Cooperation (Rossotrudnichestvo), which is one of the major instruments of Russia’s ‘soft power’ policy towards the post-Soviet states. The Kremlin’s growing interest in Moldova has further been confirmed by an unprecedented visit by Russia’s defence minister Anatoly Serdyukov to Transnistria on 12 April, and a two-day visit by Dmitri Rogozin to Chisinau and Tiraspol on 16–17 April.