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Author : Renaud Colson,Stewart Field
Publisher : Unknown
Page : 275 pages
File Size : 51,9 Mb
Release : 2016
Category : LAW
ISBN : 1316725480
The volume examines how diversity in Member States' legal cultures is being addressed in the development of EU criminal justice.
Author : Renaud Colson,Stewart Field
Publisher : Cambridge University Press
Page : 295 pages
File Size : 41,7 Mb
Release : 2016-09-29
Category : Law
ISBN : 9781107096585
The volume examines how diversity in Member States' legal cultures is being addressed in the development of EU criminal justice.
Author : Jannemieke Ouwerkerk,Judit Altena,Jacob Öberg,Samuli Miettinen
Publisher : BRILL
Page : 275 pages
File Size : 41,8 Mb
Release : 2019-03-27
Category : Law
ISBN : 9789004367371
In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.
Author : Ricardo Pereira,Annegret Engel,Samuli Miettinen
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 46,6 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781788977296
This timely book provides an astute assessment of the institutional and constitutional boundaries, interactions and tensions between the different levels of governance in EU criminal justice. Probing the conceptual and theoretical underpinnings of the EU’s approach to transnational crime, it proposes improved mechanisms for public participation in the governance of EU criminal law, designed to ensure better transparency, accountability and democratic controls.
Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
Page : 340 pages
File Size : 52,5 Mb
Release : 2016-06-30
Category : Law
ISBN : 9781782259886
This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor's Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant System) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK participation in Europe's area of criminal justice and the feasibility of a Europe à-la-carte in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core.
Author : Auke Willems
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 44,7 Mb
Release : 2021-02-11
Category : Law
ISBN : 9781509924561
This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.
Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
Page : 805 pages
File Size : 40,5 Mb
Release : 2022-05-05
Category : Law
ISBN : 9781509904174
This is the second edition of EU Criminal Law, which has become since its publication in 2009 a key point of reference in the field. The second edition is updated and substantially expanded, to take into account the significant growth of EU criminal law as a distinct legal field and the impact of the entry into force of the Lisbon Treaty on European integration in criminal matters. The book offers a holistic and in-depth analysis of the key elements of European integration in criminal matters, including EU powers and competence to criminalise, the evolution of judicial co-operation under the principles of mutual recognition and mutual trust, EU action in the field of criminal procedure including legislation on the rights of the defendant and the victim, the evolving role of European bodies and agencies (such as Europol, Eurojust and the European Public Prosecutor's Office) in European criminal law, and the development of EU-wide surveillance and data gathering and exchange mechanisms. Several chapters are devoted to the external dimension of EU action in criminal matters (including transatlantic counter-terrorism cooperation and the impact of Brexit on EU Criminal Law) Throughout the volume, the constitutional and fundamental rights implications of European integration in criminal matters are highlighted. Covering all the key principles of EU law, with clear explanation and rigorous analysis, this will give scholars, students, policy makers and legal practitioners interested in the subject a strong understanding of this fascinating but sometimes complex field.
Author : Irene Wieczorek
Publisher : Bloomsbury Publishing
Page : 267 pages
File Size : 47,8 Mb
Release : 2020-07-09
Category : Law
ISBN : 9781509919758
This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks 'Why EU Criminal Law?' looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book then questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself.
Author : Federica Coppola,Adriano Martufi
Publisher : Taylor & Francis
Page : 350 pages
File Size : 55,9 Mb
Release : 2023-10-27
Category : Law
ISBN : 9781000989397
This book provides a comprehensive analysis of the current directions in social rehabilitation scholarship and research by bringing together the voices of legal scholars, criminal justice professionals, social scientists, and people directly impacted by criminal justice in a comparative, international, and interdisciplinary fashion. The volume offers a narrative of social rehabilitation in penal contexts through five main domains: theoretical-philosophical, legal-comparative, human rights, social scientific, lived experience, and policy. Collectively, the contributions provide a systematised examination of the normative facets of social rehabilitation and illustrate avenues for its implementation in criminal justice domains in the full respect of the rights of justice-involved individuals, casting a critical gaze on some the mainstream narratives dominating contemporary penal policy. The overarching legal approach is complemented by a selection of perspectives in social rehabilitation research emanating from social psychology, critical criminology, penology, and neuroscience. These perspectives inform and enrich the legal and jurisprudential debates on the qualification of social rehabilitation as a fundamental goal of justice across domestic and international legal systems. The book will be of value to academics, practitioners, advocates, and policymakers interested in current research dealing with the problem of punishment and the potential of social rehabilitation to more effectively deal with crime.
Author : Valsamis Mitsilegas,Maria Bergström,Theodore Konstadinides
Publisher : Edward Elgar Publishing
Page : 672 pages
File Size : 42,9 Mb
Release : 2016-03-25
Category : Law
ISBN : 9781783473311
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
Author : Steve Peers,Catherine Barnard
Publisher : Oxford University Press
Page : 1065 pages
File Size : 48,9 Mb
Release : 2023-05-24
Category : Electronic
ISBN : 9780192863836
Written by experts, this innovative textbook offers students a relevant, contextual account of EU law. Under the experienced editorship of Catherine Barnard and Steve Peers, the text draws together a range of expert contributors for rich understanding of each area of the EU law curriculum and to introduce students to key debates in the subject
Author : Jan Klabbers,Gianluigi Palombella
Publisher : Cambridge University Press
Page : 447 pages
File Size : 42,5 Mb
Release : 2019-05-30
Category : Business & Economics
ISBN : 9781108425476
The first book-length treatment to describe and explain how legal orders can be interwoven and what to do about it. The volume discusses inter-legality in different legal fields, situates it within political and legal theory, and provides a normative assessment.
Author : Kosta, Eleni,Leenes, Ronald,Kamara, Irene
Publisher : Edward Elgar Publishing
Page : 672 pages
File Size : 42,6 Mb
Release : 2022-04-19
Category : Law
ISBN : 9781800371682
Bringing together leading European scholars, this thought-provoking Research Handbook provides a state-of-the-art overview of the scope of research and current thinking in the area of European data protection. Offering critical insights on prominent strands of research, it examines key challenges and potential solutions in the field. Chapters explore the fundamental right to personal data protection, government-to-business data sharing, data protection as performance-based regulation, privacy and marketing in data-driven business models, data protection and judicial automation, and the role of consent in an algorithmic society.
Author : Francesca Ippolito,Sara Iglesias Sánchez
Publisher : Bloomsbury Publishing
Page : 388 pages
File Size : 52,5 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781782256137
The concept of vulnerability has not been unequivocally interpreted either in regional or in universal international legal instruments. This book analyses the work of the EU and the Council of Europe in ascertaining a clear framework or a set of criteria suitable to determine those who should be considered vulnerable and disadvantaged. It also explores the measures required to protect their human rights. Key questions can be answered by analysing the different methods used to determine the levels of protection offered by the two European systems. These questions include whether the Convention and the case law of the Strasbourg Court, the monitoring mechanisms of the Council of Europe, EU law and the case law of the European Court of Justice enhance the protection of vulnerable groups and expand the protection of their rights, or, alternatively, whether they are mainly used to fill in relatively minor gaps or occasional lapses in national rights guarantees. The analysis also shows the extent to which these two European systems provide analogous, or indeed divergent, standards and how any such divergence might be problematic in light of the EU accession to the European Convention on Human Rights.
Author : Darryl K. Brown,Jenia Iontcheva Turner,Bettina Weisser
Publisher : Oxford University Press
Page : 952 pages
File Size : 41,9 Mb
Release : 2019-02-22
Category : Law
ISBN : 9780190659868
The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.