Eulocs

Author : A. Mennens
Publisher : Maklu
Page : 116 pages
File Size : 53,8 Mb
Release : 2009
Category : Law
ISBN : 9789046602652

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Developing an EU Level Offence Classification System by A. Mennens Pdf

In the EU area of freedom, security, and justice, one of the main deficiencies is the lack of cross-country comparable data on crime and criminal justice. The importance of progress in this domain - especially in the context of the identification of best practices in the fight against crime - has been identified on several occasions. The main difficulty lies in the comparability of data or the guarantee that exchanged data is understood in the same way by all actors. In March 2007, the European Commission's Directorate-General for Justice, Freedom and Security launched a call for a Study on the Development of an EU Level Offence Classification System and an Assessment of Its Feasibility to Supporting the Implementation of the Action Plan to Develop an EU Strategy to Measure Crime and Criminal Justice (The Crime Statistics Project [CSP]). This book contains the final report of that Project. In the context of the project, the EU Level Offence Classification System (EULOCS) was created. Its aim is not to become yet another compelling system that requires Member States to further harmonize domestic criminal law or to adjust national data models, but to be a reference index that could serve the different needs in the wider area of justice and home affairs. According to its authors, the area of justice and home affairs could benefit from using EULOCS as a bench-mark, increasing the internal coherence of EU's criminal policy. This book is essential reading for EU policy makers, judicial and law enforcement authorities throughout the Union, as well as those in a broader international context. It will be an asset to everyone involved in or taking an interest in the production of meaningful and comparable data on crime and criminal justice in Europe.

Author : Marc Cools
Publisher : Maklu
Page : 224 pages
File Size : 54,9 Mb
Release : 2010
Category : Criminal investigation
ISBN : 9789046603284

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EU and International Crime Control by Marc Cools Pdf

EU and International Crime Control focuses on intrinsic EU criminal policy aspects, including its transatlantic cooperation with the US. Additionally, the book examines anti-money laundering control, counter-strategies of criminal organizations, and police torture. Chapters include: Appreciating Approximation: Using Common Offense Concepts to Facilitate Police and Judicial Cooperation in the EU * Approximation and Mutual Recognition of Procedural Safeguards of Suspects and Defendants in Criminal Proceedings throughout the European Union * Shaping the Competence of Europol: An FBI Perspective * Towards a Coherent EU Policy on Outgoing Data Transfers for Use in Criminal Matters? The Adequacy Requirement and the Framework Decision on Data Protection in Criminal Matters: A Transatlantic Exercise in Adequacy * The International Private Security Industry as Part of the European Union Security Framework: A Critical Assessment of the French EU Presidency White Paper * The Anti-Money Laundering Complex on a Crime Control Continuum: Perceptions of Risk, Power and Efficacy * The Use of Counterstrategies by Criminal Organizations: 'Intimidation and the Use of Violence against Police Officers' * Police Torture in China and Its Causes.

Author : Gert Vermeulen,Wendy De Bondt,Charlotte Ryckman,Nina Peršak
Publisher : Maklu
Page : 343 pages
File Size : 42,8 Mb
Release : 2012
Category : Law
ISBN : 9789046605219

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The Disqualification Triad by Gert Vermeulen,Wendy De Bondt,Charlotte Ryckman,Nina Peršak Pdf

In the past decades, the European Union has made little progress with respect to disqualifications as a sanction mechanism for the violation of laws. The creation of some form of harmonization is necessary, but the complex nature of this specific sanction mechanism has caused policy initiatives to be postponed, time after time. In answer to a call from the European Commission, the contributors in this book have conducted a comparative legal analysis in the EU 27 and looked into the practical experiences with disqualifications from a domestic and a cross border perspective. To that end, academics, policy makers, and practitioners in the Member States have been consulted. Analysis reveals a wide variety in the typology of the disqualifications as a sanction measure, the typology of the persons to whom the disqualifications can be imposed, and the typology of the authorities involved. Furthermore, there are considerable differences with respect to the inclusion of disqualifications in the national criminal records databases. Linked thereto information on foreign disqualifications is scarce and rarely used in practice. To ensure a comprehensive and consistent policy approach, this book has come up with a so called disqualification triad, comprising: (1) unified EU-wide disqualifications, (2) mutual recognition of disqualifications, and (3) EU-wide equivalent effect of disqualifications. The functioning of the disqualification triad has been further elaborated on in three case studies, which are public procurement disqualifications, disqualifications from working with children, and driving disqualifications. In doing so, this book is essential reading for both EU and national policy makers, as well as for researchers and practitioners involved. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 45)

Author : Wendy De Bondt
Publisher : Maklu
Page : 87 pages
File Size : 53,7 Mb
Release : 2012-12-03
Category : Law
ISBN : 9789046605370

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Need for and Feasibility of an Eu Offence Policy by Wendy De Bondt Pdf

This book starts from the observation that criminal law is different in each of the EU's Member States: (1) what constitutes as an offense in one Member State does not necessarily constitute as an offense in another member state; (2) where offenses are equally criminalized in all Member States, the sanction levels may still vary; and (3) more generally, the position of the offenses in the entirety of the justice system may vary. The question arises: to what extent are those so-called offense diversities an obstacle for EU policy making and to what extent is it feasible to overcome those obstacles? The book underpins the need for the development of an EU offense policy, using the common criminalization acquis as a center piece. It argues that the common criminalization acquis can help: to ensure comparability of crime statistics * to avoid redundant double criminality testing * to overcome evidence gathering difficulties * to clarify the mandates of the EU level actors * to identify the equivalent national sentence * to scope the taking account of prior convictions. The only condition: the development of a comprehensive, consistent, and well-balanced EU offense policy. This book contains the conclusions of author Wendy De Bondt's publication-based doctoral thesis defended at Ghent University in June 2012. It will be essential reading for policy makers, both at the national and European level, in any policy field that is linked to offenses.

Author : Gert Vermeulen,Wendy De Bondt
Publisher : Maklu
Page : 769 pages
File Size : 44,6 Mb
Release : 2012
Category : Law
ISBN : 9789046604878

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Rethinking International Cooperation in Criminal Matters in the EU by Gert Vermeulen,Wendy De Bondt Pdf

In the European Union, international cooperation in criminal matters has grown exponentially over the past few decades. Importantly, there are a wide variety of authorities involved therein, rendering the traditional distinction between police and judicial cooperation as outdated. Furthermore, its rapid growth exposed this policy field to inconsistencies and incoherence. Additionally, despite the wave of new legislation, important lacunae can be identified, setting important challenges for the future. The combination of these issues clarifies the title of this book: there is a pressing need to rethink international cooperation in criminal matters. In answer to a call from the European Commission, the contributors of this book have designed a comprehensive methodological framework to review the entirety of international cooperation in criminal matters, combining desktop reviews, expert consultations, Member State questionnaires, and focus group meetings in each of the Member States to obtain a comprehensive overview of the currently experienced obstacles and future policy options that are both needed and feasible. Over 150 individuals from different backgrounds contributed to the study, including academics, lawyers, policy makers, police, customs, intelligence services, prosecution, judiciary, correctional authorities, Ministries of Justice, and Home Affairs. The book provides an overview of the research findings and the recommendations formulated. These findings include, but are not limited to: (1) a helicopter view on cooperation with criminal justice finality, (2) a clear demarcation of the role of the judicial authorities, (3) a comprehensive review of refusal grounds, including proportionality and capacity concerns, (4) an assessment of gaps in the current body of instruments regulating international cooperation in criminal matters and possible remedies thereto, (5) a well-considered further development of Eurojust, and (6) ensuring EU wide effect of mere domestic actions. This book represents the first overall analysis of the entirety of international cooperation in criminal matters in the EU. As essential reading, it is an analysis that moves beyond the actors, bringing logic back, footed in reality. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 42)

Author : Gert Vermeulen
Publisher : Maklu
Page : 312 pages
File Size : 47,6 Mb
Release : 2011
Category : Law
ISBN : 9789046604557

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Cross-border Execution of Judgements Involving Deprivation of Liberty in the EU by Gert Vermeulen Pdf

In 2008, the introduction of the EU's Framework Decision - the principle of mutual recognition of judgments in criminal matters, imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement - sparked discussions as to whether the practical operation of the instrument would be compatible with its very objective, being the enhancement of detained persons' social rehabilitation prospects. Transferring detained people back to their respective Member State of residence and/or nationality within the mutual recognition framework is somewhat precarious in light of the variety of Member States' legal and prison systems. In this context, and following a call for tender by the European Commission, the authors of this book conducted the largest study to date on Member States' material detention conditions, early/conditional release provisions, and sentence execution modalities. In addition to exploring the diversity of legal frameworks, the study also assessed practitioners' views on the cross-border execution of custodial sentences in the EU. This book contains EU-level legal and practitioners' analyses, as well as the high level final report to the study, confirming preliminary concerns that flanking measures are urgently needed for a proper operation of the Framework Decision. It will be essential reading for policy makers, judicial and law enforcement authorities, and defense lawyers. Additionally, it will be an asset to everyone who is involved in or taking an interest in detention issues and cross-border execution of judgements involving deprivation of liberty in the EU. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 40)

Author : Gert Vermeulen
Publisher : Maklu
Page : 140 pages
File Size : 45,8 Mb
Release : 2012
Category : Law
ISBN : 9789046605714

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Defence Rights by Gert Vermeulen Pdf

The growing internationalization and Europeanization of criminal procedures has created new challenges to traditional defense rights. Hence, the Ghent Bar Association, the Bar Association of The Hague, and Ghent University have joined forces, exploring and addressing these challenges during an international conference held in Ghent in November 2012. This book examines the various topics presented at the conference. Whereas international criminal tribunals - especially the International Criminal Court (ICC) - should play an exemplary role when it comes to the right to fair trial and adequate access to a lawyer, reality proves to be troublesome. In this respect, the book addresses key issues: What is the status quaestionis of the defense position and procedural rights before international criminal tribunals, more specifically the ICC? Has the Rome Statute lived up to its expectations after a decade of its application? Can defense before international tribunals keep functioning without a Bar? What are the needs for such a defense to be adequate, knowing that it balances on the borderline between the Anglo-Saxon legal system and the Northern European system? At the same time, defense and procedural rights are developing as a result of different EU Directives which have been or are now being negotiated. This is of major importance to every penalist, even in strictly national cases. The book presents and critically assesses the entire EU 'roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.' The EU Directives on the right to information in criminal procedure, the right of access to a lawyer in criminal proceedings, and the right to communicate upon arrest - which are about to revolutionize traditional domestic criminal procedural law - are assessed. Further, the book addresses the important implications and challenges for the legal position of detainees as a result of the recent Framework Decision on the mutual recognition of custodial sentences and measures involving deprivation of liberty. Finally, awareness is raised concerning the future of procedural rights in the framework of cross-border evidence gathering and admissibility. The book will be essential reading for both defense practitioners and scholars taking an interest in defense and procedural rights in criminal matters.

Author : Marc Cools
Publisher : Maklu
Page : 232 pages
File Size : 48,7 Mb
Release : 2012
Category : Law
ISBN : 9789046605424

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European Criminal Justice and Policy by Marc Cools Pdf

Reviewing European policy with respect to different phases in the criminal justice chain, the contributions in this book range from looking into the extension of criminalization in the sphere of trafficking in human beings and labor exploitation, to the operability of cross-border execution of sentences involving deprivation of liberty. Most contributions look into the need to develop a conceptual framework to support future policy making, pointing to the lack thereof with respect to liability of legal persons, ne bis in idem as an EU principle, cross-border effect of disqualifications, and cooperation with private security actors. One essay looks into the public expenditure in different phases of the criminal justice chain, based on a case study on the public expenditure of Belgian drug policy. Additionally, from a historical and comparative perspective, the book analyzes specific European and Chinese interrogation rules to provide a solid context for the current situation and to support future legal reforms. (Series: Governance of Security (GofS) Research Paper - Vol. 7)

Author : Martyna Kusak
Publisher : Maklu
Page : 245 pages
File Size : 44,7 Mb
Release : 2017-01-26
Category : Admissible evidence
ISBN : 9789046608401

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Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53) by Martyna Kusak Pdf

Any effort to gather evidence may prove pointless without ensuring its admissibility. Nevertheless, the EU, while developing instruments for smooth gathering of evidence in criminal matters, is not taking much effort to enhance its admissibility. Due to the lack of common rules in this matter, gathering and use of evidence in the EU cross-border context is still governed by the domestic law of the member states concerned. This may lead to situations where, given the differences between legal systems across the EU, evidence collected in one member state will not be admissible in other member states. Due to the fact that the Lisbon Treaty opened the possibility to adopt minimum rules concerning, among other things, the mutual admissibility of evidence, this research investigates the concept of minimum standards designed to enhance mutual admissibility of evidence in the EU. Through a study of two investigative measures, telephone tapping and house search, the author examines whether coming to various common minimum standards is feasible and whether compliance with these standards would finally shape the as yet nonexistent concept of the free movement and mutual recognition of evidence in criminal matters in the EU. Essential reading for both national and EU policy makers, scholars and practitioners involved in cross-border gathering of evidence in the EU.

Author : Gert Vermeulen
Publisher : Maklu
Page : 114 pages
File Size : 50,8 Mb
Release : 2009
Category : Law
ISBN : 9789046602645

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EULOCS by Gert Vermeulen Pdf

The EU Level Offence Classification System (EULOCS) brings together the current EU substantive criminal law acquis, building essentially on offence definitions referred to in legal instruments included in the EU Justice and Home Affairs (EU JHA) acquis. In doing so, EULOCS clarifies the scope between EU competence and national sovereignty with regard to defining criminal behavior. With this book, EULOCS is bench-marked as a reference index for serving various needs in the broader EU criminal policy area, having the potential to significantly enhance the internal coherence thereof. The proposed reference index, with offence definitions inherent to it, fundamentally addresses the problem created by the organic elaboration and adoption of legal instruments at the EU level, making reference to certain offence categories the scope or definition whereof is most often either not clarified or indicated, or left to the discretion of the individual Member States. Before elaborating on the creation of EULOCS - the methodology used, its main characteristics, and the potential for further development in the coming years - this book contains a brief overview of the incoherence in the EU JHA field and a reference to the EU study to implement the Action Plan to measure crime and criminal justice, conducted for the European Commission in the course of 2008-2009, in the context of which EULOCS has been created. Most importantly, the full EULOCS, with all its complementary variables and context fields, has been inserted. This book is essential reading for EU policy makers, judicial and law enforcement authorities throughout the Union, as well as those in a broader international context. It will be particularly appealing also to the research community and anyone involved in or taking an interest in justice and home affairs or criminal policy initiatives in the EU.

Author : Nicholas T. Longford
Publisher : CRC Press
Page : 378 pages
File Size : 52,7 Mb
Release : 2014-07-07
Category : Mathematics
ISBN : 9781466568327

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Statistical Studies of Income, Poverty and Inequality in Europe by Nicholas T. Longford Pdf

There is no shortage of incentives to study and reduce poverty in our societies. Poverty is studied in economics and political sciences, and population surveys are an important source of information about it. The design and analysis of such surveys is principally a statistical subject matter and the computer is essential for their data compilation and processing. Focusing on The European Union Statistics on Income and Living Conditions (EU-SILC), a program of annual national surveys which collect data related to poverty and social exclusion, Statistical Studies of Income, Poverty and Inequality in Europe: Computing and Graphics in R presents a set of statistical analyses pertinent to the general goals of EU-SILC. The contents of the volume are biased toward computing and statistics, with reduced attention to economics, political and other social sciences. The emphasis is on methods and procedures as opposed to results, because the data from annual surveys made available since publication and in the near future will degrade the novelty of the data used and the results derived in this volume. The aim of this volume is not to propose specific methods of analysis, but to open up the analytical agenda and address the aspects of the key definitions in the subject of poverty assessment that entail nontrivial elements of arbitrariness. The presented methods do not exhaust the range of analyses suitable for EU-SILC, but will stimulate the search for new methods and adaptation of established methods that cater to the identified purposes.

Author : Gert Vermeulen,Wendy De Bondt,Charlotte Ryckman
Publisher : Maklu
Page : 203 pages
File Size : 41,8 Mb
Release : 2012
Category : Law
ISBN : 9789046605202

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Liability of Legal Persons for Offences in the EU by Gert Vermeulen,Wendy De Bondt,Charlotte Ryckman Pdf

Discussions of the possibility to attribute liability to legal persons for committing offenses are far from new. The EU landscape however is scattered. Although there are obligations for the Member States to introduce liability for legal persons committing offenses, diversity remains as to: the offenses that may trigger liability * the legal persons that may be held liable * the attribution theories and mechanisms used * the type of liability, which may be either penal, administrative, or civil * the sanctions that legal persons may incur. Consistent policy making requires an identification of the main commonalities and differences in view of being able to adequately reflect them in cross-national policy initiatives. Hence, the European Commission launched a call for tender for a study on the issue, which was awarded to the Institute for International Research on Criminal Policy (IRCP). The results are published in this book. Based on comparative legal analysis in the EU27, recommendations are formulated relating to the EU approximation policy (amongst others to reconsider the concept of a 'legal person' and to look into the need for specific 'legal person'-offenses), the functioning of mutual recognition (amongst others to extend the current mutual recognition instrumentarium), the exchange of information (amongst others to develop a criminal records policy), and procedural safeguards (amongst others to secure equivalent protection outside a criminal liability context). In other words, a helicopter view is taken to ensure consistent EU policy making. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 44)

Author : Joery Matthys
Publisher : Maklu
Page : 172 pages
File Size : 41,6 Mb
Release : 2010
Category : Business & Economics
ISBN : 9789046603222

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Private Security Companies and Private Military Companies by Joery Matthys Pdf

Author : Christine Janssens
Publisher : OUP Oxford
Page : 408 pages
File Size : 55,8 Mb
Release : 2013-10-31
Category : Law
ISBN : 9780191653889

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The Principle of Mutual Recognition in EU Law by Christine Janssens Pdf

Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.

Author : Gert Vermeulen
Publisher : Maklu
Page : 1010 pages
File Size : 48,6 Mb
Release : 2011
Category : Law
ISBN : 9789046604564

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Material Detention Conditions, Execution of Custodial Sentences and Prisoner Transfer in the EU Member States by Gert Vermeulen Pdf

In 2008, for the European Union, the introduction of the Framework Decision - the principle of mutual recognition to judgments in criminal matters, imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement - sparked discussions as to whether the practical operation of the instrument would be compatible with its very objective, being the enhancement of detained persons' social rehabilitation prospects. Transferring detained people back to their respective Member State of residence and/or nationality within the mutual recognition framework is somewhat precarious in light of the variety of Member States' legal and prison systems. In this context, and following a call for tender by the European Commission, the authors of this book conducted the largest study to date on Member States' material detention conditions, early/conditional release provisions, and sentence execution modalities. In addition to exploring the diversity of legal frameworks, the study also assessed practitioners' views on the cross-border execution of custodial sentences in the EU. The book contains individual Member State reports resulting from legal practitioners' analyses, backed by additional information drawn from monitoring and evaluation conducted at the Council of Europe (Committee for the Prevention of Torture) and United Nation levels. This will be essential reading for EU policy makers, judicial and law enforcement authorities, and defense lawyers. Additionally, it will be an asset to everyone who is involved in or taking an interest in detention issues and cross-border execution of judgements involving deprivation of liberty in the EU. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 41)