Eu Criminal Law And Justice

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EU Criminal Law and Justice

Maria Fletcher,William C. Gilmore
EU Criminal Law and Justice Book PDF

Author : Maria Fletcher,William C. Gilmore
Publisher : Edward Elgar Publishing
Page : 251 pages
File Size : 47,6 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.

EU Criminal Law and Policy

Joanna Beata Banach-Gutierrez,Christopher Harding
EU Criminal Law and Policy Book PDF

Author : Joanna Beata Banach-Gutierrez,Christopher Harding
Publisher : Routledge
Page : 317 pages
File Size : 43,6 Mb
Release : 2016-07-28
Category : Law
ISBN : 9781317427605

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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.

The Future of EU Criminal Justice Policy and Practice

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

Author : Jannemieke Ouwerkerk,Judit Altena,Jacob Öberg,Samuli Miettinen
Publisher : BRILL
Page : 275 pages
File Size : 52,8 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.

Research Handbook on EU Criminal Law

Valsamis Mitsilegas,Maria Bergström,Theodore Konstadinides
Research Handbook on EU Criminal Law Book PDF

Author : Valsamis Mitsilegas,Maria Bergström,Theodore Konstadinides
Publisher : Edward Elgar Publishing
Page : 672 pages
File Size : 47,9 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 Law

Valsamis Mitsilegas
EU Criminal Law Book PDF

Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
Page : 544 pages
File Size : 49,9 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.

EU Criminal Justice

Tommaso Rafaraci,Rosanna Belfiore
EU Criminal Justice Book PDF

Author : Tommaso Rafaraci,Rosanna Belfiore
Publisher : Springer
Page : 212 pages
File Size : 44,6 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 Justice, Financial & Economic Crime

Marc Cools
EU Criminal Justice Financial Economic Crime Book PDF

Author : Marc Cools
Publisher : Maklu
Page : 322 pages
File Size : 40,9 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.

Legitimizing European Criminal Law

Merita Kettunen
Legitimizing European Criminal Law Book PDF

Author : Merita Kettunen
Publisher : Springer Nature
Page : 278 pages
File Size : 41,9 Mb
Release : 2019-11-08
Category : Law
ISBN : 9783030161743

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Legitimizing European Criminal Law by Merita Kettunen Pdf

The book examines how and according to which principles the enactment of European criminal legislation is legitimate. The approach adopted here focuses on the constitutionalization of criminal law (i.e., the growing importance of constitutional elements of the EU legal order and the ECHR regime within criminal law). Further, it shows how and why criminal law has a unique nature, and why it should not be equated with other fields of EU law.The book explains the basic research questions and methodologies, before turning to the nature of criminal law at the level of national law, and addressing the different levels of justification for criminal law. Further, it examines the most prominent features of European criminal law and the difference between general EU law and EU criminal law, as well as the theoretical ideals for European constitutional structures and criminal law. Examples of how the law in practice might not always be in keeping with these normative ideals serve to round out the coverage.

EU Criminal Law

Valsamis Mitsilegas
EU Criminal Law Book PDF

Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
Page : 808 pages
File Size : 50,9 Mb
Release : 2022-05-05
Category : Law
ISBN : 9781509904167

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EU Criminal Law by Valsamis Mitsilegas Pdf

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.

EU Criminal Law after Lisbon

Valsamis Mitsilegas
EU Criminal Law after Lisbon Book PDF

Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
Page : 340 pages
File Size : 41,6 Mb
Release : 2016-06-30
Category : Law
ISBN : 9781782259886

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EU Criminal Law after Lisbon by Valsamis Mitsilegas Pdf

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.

The Governance of Criminal Justice in the European Union

Ricardo Pereira,Annegret Engel,Samuli Miettinen
The Governance of Criminal Justice in the European Union Book PDF

Author : Ricardo Pereira,Annegret Engel,Samuli Miettinen
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 49,8 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781788977296

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The Governance of Criminal Justice in the European Union by Ricardo Pereira,Annegret Engel,Samuli Miettinen Pdf

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.

Harmonization of Criminal Law in Europe

Erling Johannes Husab©ı,Asbjørn Strandbakken
Harmonization of Criminal Law in Europe Book PDF

Author : Erling Johannes Husab©ı,Asbjørn Strandbakken
Publisher : Intersentia nv
Page : 175 pages
File Size : 48,8 Mb
Release : 2005
Category : Criminal justice, Administration of
ISBN : 9789050954747

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Harmonization of Criminal Law in Europe by Erling Johannes Husab©ı,Asbjørn Strandbakken Pdf

"Colloquium ... was held at the Faculty of Law, University of Bergen on 20-21 February 2004"--P. v.

EU Criminal Justice and the Challenges of Diversity

Renaud Colson,Stewart Field
EU Criminal Justice and the Challenges of Diversity Book PDF

Author : Renaud Colson,Stewart Field
Publisher : Cambridge University Press
Page : 295 pages
File Size : 40,6 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.

Towards a System of European Criminal Justice

Andrea Ryan
Towards a System of European Criminal Justice Book PDF

Author : Andrea Ryan
Publisher : Routledge
Page : 317 pages
File Size : 54,6 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.

The Needed Balances in EU Criminal Law

Chloé Brière,Anne Weyembergh
The Needed Balances in EU Criminal Law Book PDF

Author : Chloé Brière,Anne Weyembergh
Publisher : Bloomsbury Publishing
Page : 698 pages
File Size : 46,6 Mb
Release : 2017-12-28
Category : Law
ISBN : 9781509917020

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The Needed Balances in EU Criminal Law by Chloé Brière,Anne Weyembergh Pdf

This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.