Eu Criminal Justice

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EU Criminal Justice

Author : Tommaso Rafaraci,Rosanna Belfiore
Publisher : Springer
Page : 212 pages
File Size : 55,7 Mb
Release : 2018-12-13
Category : Law
ISBN : 9783319973197

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EU Criminal Justice by Tommaso Rafaraci,Rosanna Belfiore Pdf

This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.

EU Criminal Law and Justice

Author : Maria Fletcher,William C. Gilmore
Publisher : Edward Elgar Publishing
Page : 251 pages
File Size : 46,7 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781848443884

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EU Criminal Law and Justice by Maria Fletcher,William C. Gilmore Pdf

. . . this book fills a significant gap in the English-language literature and must be read by all who seek to understand why profound reflection is needed on the theoretical underpinnings of EU criminal justice. Samuli Miettinen, Journal of Common Market Studies The book contains a number of interesting arguments and comments on the development of EU criminal law. . . the authors efforts to provide a generalist book in this ever-growing, increasingly important and still under-researched field of EU law must be welcomed. Valsamis Mitsilegas, The Edinburgh Law Review Today, EU criminal law and justice constitutes a significant body of law potentially affecting most aspects of criminal justice. This book provides a comprehensive, accessible yet analytically challenging account of the institutional and legal developments in this field to date. It also includes full consideration of the prospective changes to EU criminal law contained in the recent Lisbon Treaty . While, broadly speaking, the authors welcome the objectives of EU criminal law, they call for a profound rethinking of how the good of criminal justice however defined is to be delivered to those living in the EU. At present, despite sometimes commendable initiatives from the institutions responsible, the actual framing and implementation of the Area of Freedom, Security and Justice (AFSJ) suffers from a failure to properly consider the theoretical implications of providing the good of criminal justice at the EU level. Written shortly before the recent entry into force of the Lisbon Treaty, EU Criminal Law and Justice comprises a full overview of the key legal developments and debates and includes a user-friendly guide to the institutional changes contained in the Treaty. This timely book will be of interest to both undergraduate and postgraduate students, as well as to legal practitioners and policy makers at national and EU levels.

Towards a System of European Criminal Justice

Author : Andrea Ryan
Publisher : Routledge
Page : 317 pages
File Size : 54,5 Mb
Release : 2014-06-05
Category : Law
ISBN : 9781317671176

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Towards a System of European Criminal Justice by Andrea Ryan Pdf

With the developing landscape of a European criminal justice sphere comes an increasing imperative for scholars and practitioners to gain some insight into the diversity that exists in the criminal justice systems of European Union Member States. This book explores the mutual admissibility of evidence; a facet of EU criminal justice that is proving difficult to realise. While the Lisbon Treaty places the issue of mutual admissibility of evidence squarely on the agenda, the EU instruments to date have not succeeded in achieving this goal. Andrea Ryan argues that part of the reason for this failure is that while the mutual recognition instruments have focussed on the issue of gathering evidence and safeguarding suspects’ rights, they have not addressed how evidence is to be presented and contested at trial. Drawing upon case studies from Ireland, France and Italy, and adopting a legal cultural perspective, and enriched by the author’s observations of criminal trials, the book presents a detailed analysis of the developments to date in EU criminal justice and evidence law. By examining evidence practices the book asks whether the inquisitorial and accusatorial traditions within the EU systems are too irreconcilable to achieve a system of mutual admissibility of evidence. The book will be of great interest and use to academics and practitioners with an interest in European and comparative criminal justice, criminal procedure, human rights and socio-legal studies.

EU Criminal Law and Policy

Author : Joanna Beata Banach-Gutierrez,Christopher Harding
Publisher : Routledge
Page : 261 pages
File Size : 53,7 Mb
Release : 2016-07-28
Category : Law
ISBN : 9781317427612

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EU Criminal Law and Policy by Joanna Beata Banach-Gutierrez,Christopher Harding Pdf

The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.

European Criminal Law

Author : André Klip
Publisher : Unknown
Page : 0 pages
File Size : 47,9 Mb
Release : 2012
Category : Criminal law
ISBN : 1780680015

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European Criminal Law by André Klip Pdf

European criminal law is explained as a multi-level field of law, in which the European Union has a normative influence on substantive criminal law, criminal procedure and on the co-operation between Member States. This book aims to describe the contours of the emerging criminal justice system of the European Union and to present a coherent picture of the legislation enacted and the case law on European Union Level and its influence on national criminal law and criminal procedure. Among the topics and questions covered in this book are the following: What does mutual recognition mean in the context of the European Arrest Warrant? How can European Union law be invoked by an accused? When is the Charter of Fundamental Freedoms applicable in national criminal proceedings? These and other pertinent questions are dealt with on the basis of an-in-depth analysis of the case law of the Court of Justice and legislation. In addition, the book challenges the reader to assess the mutual (and sometimes conflicting) influence of European Union law and national criminal law respectively and explains how European Union law will usually prevail although national criminal law still remains relevant. The book covers a wealth of court decisions and legal instruments making European Criminal Law, written for practitioners, academics and students, an invaluable source for every European and criminal lawyer This second updated and extended edition covers all recent developments since the entry into force of the Treaty of Lisbon in 2009. Book jacket.

EU Criminal Law

Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
Page : 544 pages
File Size : 44,5 Mb
Release : 2009-03-16
Category : Law
ISBN : 9781847317261

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EU Criminal Law by Valsamis Mitsilegas Pdf

EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.

The Future of EU Criminal Justice Policy and Practice

Author : Jannemieke Ouwerkerk,Judit Altena,Jacob Öberg,Samuli Miettinen
Publisher : BRILL
Page : 275 pages
File Size : 44,6 Mb
Release : 2019-03-27
Category : Law
ISBN : 9789004367371

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The Future of EU Criminal Justice Policy and Practice by Jannemieke Ouwerkerk,Judit Altena,Jacob Öberg,Samuli Miettinen Pdf

In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.

The Future of EU Criminal Justice Policy and Practice

Author : Jannemieke Ouwerkerk,Judit Gerrie Hendrike Altena,Jacob Öberg,Samuli Miettinen
Publisher : Unknown
Page : 0 pages
File Size : 41,7 Mb
Release : 2019
Category : Criminal law
ISBN : 9004367365

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The Future of EU Criminal Justice Policy and Practice by Jannemieke Ouwerkerk,Judit Gerrie Hendrike Altena,Jacob Öberg,Samuli Miettinen Pdf

In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.

Research Handbook on EU Criminal Law

Author : Valsamis Mitsilegas,Maria Bergström,Theodore Konstadinides
Publisher : Edward Elgar Publishing
Page : 672 pages
File Size : 52,8 Mb
Release : 2016-03-25
Category : Law
ISBN : 9781783473311

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Research Handbook on EU Criminal Law by Valsamis Mitsilegas,Maria Bergström,Theodore Konstadinides Pdf

EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work

EU Criminal Justice and the Challenges of Diversity

Author : Renaud Colson,Stewart Field
Publisher : Cambridge University Press
Page : 295 pages
File Size : 50,6 Mb
Release : 2016-09-29
Category : Law
ISBN : 9781107096585

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EU Criminal Justice and the Challenges of Diversity by Renaud Colson,Stewart Field Pdf

The volume examines how diversity in Member States' legal cultures is being addressed in the development of EU criminal justice.

EU Criminal Justice, Financial & Economic Crime

Author : Marc Cools
Publisher : Maklu
Page : 322 pages
File Size : 48,5 Mb
Release : 2011
Category : Law
ISBN : 9789046604380

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EU Criminal Justice, Financial & Economic Crime by Marc Cools Pdf

This fifth volume of the Governance of Security (GofS) Research Paper series addresses a wide variety of topical issues focusing on European criminal justice and financial and economic crime. The first cluster of articles is concerned with European criminal justice matters particularly relating to EU mutual recognition, such as: conceptualization, unwanted effects in the context of prisoner transfer and sentence execution, impact for cross-border gathering and use of forensic expert evidence, and interrogational fairness standards. A second cluster of articles addresses the subjects of financial and economic crime, ranging from informal economy (among street children) to formal/informal economy (vulnerability of the hotel and catering industry to crime) and white collar crime phenomena like (transnational) environmental crime and corruption. A final cluster groups together a variety of selected topical issues, including juvenile offending and mental disorders, desistance theories, and sexually transmitted infections.

Criminal Law and Policy in the European Union

Author : Samuli Miettinen
Publisher : Routledge
Page : 300 pages
File Size : 52,6 Mb
Release : 2013
Category : Law
ISBN : 9780415474269

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Criminal Law and Policy in the European Union by Samuli Miettinen Pdf

This book takes stock of the development of criminal law in the context of the EC and the EU, and examines whether this has led to a European criminal policy, and interrogates the legal effects that European-level initiatives in the field have on national criminal law and on suspects.

Human Rights in European Criminal Law

Author : Stefano Ruggeri
Publisher : Springer
Page : 317 pages
File Size : 42,7 Mb
Release : 2015-01-02
Category : Law
ISBN : 9783319120423

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Human Rights in European Criminal Law by Stefano Ruggeri Pdf

This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.

The Constitutional Dimension of European Criminal Law

Author : Ester Herlin-Karnell
Publisher : Bloomsbury Publishing
Page : 205 pages
File Size : 46,6 Mb
Release : 2012-05-31
Category : Law
ISBN : 9781847319548

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The Constitutional Dimension of European Criminal Law by Ester Herlin-Karnell Pdf

Criminal law is one of the most rapidly changing areas of contemporary EU law and integration. The Treaty of Lisbon has elevated it to a central place in the constitution of the EU, within the dynamic area of freedom, security and justice. The phenomenon of EU criminal law as such is however far from new but has developed on an ad hoc basis, not least as a result of the case law of the European Court of Justice. Central to the Court's reasoning in this area has been the principle of effectiveness. A main theme running through the book is therefore the role of the axiom of effectiveness, which is critically examined, with particular attention to its use by the European Ccurt of Justice in recent leading cases. This book explores the constitutional principles underlying it, both those determining the substantive values it embodies, and those determining its scope and extent. Other chapters consider the phenomenon of preventative criminalisation at EU level and the protection of subsidiarity and proportionality in EU criminal law. The balance between effective EU action, proper control of competence and adequate protection of individual rights is of growing importance as EU criminal law expands, but, as this book suggests, has not yet been fully articulated or entrenched by the institutions of the EU.

European Criminal Law

Author : Kai Ambos
Publisher : Unknown
Page : 705 pages
File Size : 54,5 Mb
Release : 2018-06-07
Category : Law
ISBN : 9781107119697

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European Criminal Law by Kai Ambos Pdf

European criminal law faces many challenges in harmonising states' criminal justice systems. This book presents a systematic analysis of this legal area and examines the difficulties involved.