Exchange Of Information And Data Protection In Cross Border Criminal Proceedings In Europe

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Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe

Ángeles Gutiérrez Zarza
Exchange of Information and Data Protection in Cross border Criminal Proceedings in Europe Book PDF

Author : Ángeles Gutiérrez Zarza
Publisher : Springer
Page : 505 pages
File Size : 55,5 Mb
Release : 2014-09-08
Category : Law
ISBN : 9783642402913

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Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe by Ángeles Gutiérrez Zarza Pdf

In the past 10 years, the Member States of the European Union (EU) have intensified their exchange of information for the purposes of preventing and combating serious cross-border crime, as manifested in three main aspects. Firstly, there is a need to ensure the practical application of innovative principles (availability, mutual recognition) and concepts (Information Management Strategy, European Information Exchange Model) for tackling criminal organisations and networks that threaten the Internal Security of the EU. Secondly, there has been a gradual consolidation of EU agencies and bodies (Eurojust, Europol) aimed at promoting cooperation and dialogue among law enforcement officials and judicial authorities responsible for preventing and combating drug trafficking, trafficking in human beings, child pornography, and other serious trans-national offences. Thirdly, important EU information systems and databases (Prüm, SIS-II, ECRIS) have been created, enabling law enforcement and judicial authorities to gain access to essential information on criminal phenomena and organisations. Pursuing a practice-orientated approach, this work provides comprehensive coverage of all these measures, as well as the applicable rules governing data quality, data protection and data security. It is especially intended for law enforcement and judicial authorities who need to develop the appropriate expertise for the practical application of the above-mentioned principles. It also offers a solid basis of practical training material for police training centres and judicial schools.

Information Exchange and EU Law Enforcement

Anna Fiodorova
Information Exchange and EU Law Enforcement Book PDF

Author : Anna Fiodorova
Publisher : Routledge
Page : 268 pages
File Size : 51,7 Mb
Release : 2018-05-16
Category : Law
ISBN : 9781351240246

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Information Exchange and EU Law Enforcement by Anna Fiodorova Pdf

Presenting an integrated approach to information exchange among law enforcement institutions within the EU, this book addresses the dilemma surrounding the need to balance the security of individuals and the need to protect their privacy and data. Providing the reader with a comprehensive analysis of information exchange tools, exploring their history, political background, the most recent legal modifications and the advantages and disadvantages of their use, it includes a comparison between different information exchange tools. Written by an author who has worked as a police officer, Home Affairs counsellor and academic, this is an important read for scholars working with EU Law, Criminal Procedure Law, and International Law as well as for practitioners who directly deal with international police cooperation or who perform criminal investigation both within and outside the EU.

Data Protection in EU and US Criminal Cooperation

Els de Busser
Data Protection in EU and US Criminal Cooperation Book PDF

Author : Els de Busser
Publisher : Maklu
Page : 476 pages
File Size : 42,5 Mb
Release : 2009
Category : Computers
ISBN : 9789046602720

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Data Protection in EU and US Criminal Cooperation by Els de Busser Pdf

The research in this doctoral thesis examines the protection of personal data in two relationships: between judicial and law enforcement authorities of the EU Member States (including Europol and Eurojust) on the one hand and the US on the other hand. The book provides answers to the central question as to whether the EU complies with her own standards of data protection in these internal relations, as well as in the transatlantic cooperation in criminal matters. The new framework decision on data protection in criminal matters that entered into force in early 2009 is a significant element in this study, alongside the agreement concluded between the EU and the US on the mutual assistance in criminal matters of which the entry into force is equally planned for 2009. The book also reflects on the policy proposals of the EU on justice and home affairs for the period of 2010-2014. [Siracusa Prizewinner - This book was awarded the 2014 Siracusa Prize of the International Association of Penal Law (AIDP-IAPL), Paris. The 2014 Siracusa Prize is delivered on the occasion of the XIXth International Congress of Penal Law, Rio de Janeiro Paris.]

Handling and Exchanging Electronic Evidence Across Europe

Maria Angela Biasiotti,Jeanne Pia Mifsud Bonnici,Joe Cannataci,Fabrizio Turchi
Handling and Exchanging Electronic Evidence Across Europe Book PDF

Author : Maria Angela Biasiotti,Jeanne Pia Mifsud Bonnici,Joe Cannataci,Fabrizio Turchi
Publisher : Springer
Page : 420 pages
File Size : 46,5 Mb
Release : 2018-06-26
Category : Law
ISBN : 9783319748726

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Handling and Exchanging Electronic Evidence Across Europe by Maria Angela Biasiotti,Jeanne Pia Mifsud Bonnici,Joe Cannataci,Fabrizio Turchi Pdf

This volume offers a general overview on the handling and regulating electronic evidence in Europe, presenting a standard for the exchange process. Chapters explore the nature of electronic evidence and readers will learn of the challenges involved in upholding the necessary standards and maintaining the integrity of information. Challenges particularly occur when European Union member states collaborate and evidence is exchanged, as may be the case when solving a cybercrime. One such challenge is that the variety of possible evidences is so wide that potentially anything may become the evidence of a crime. Moreover, the introduction and the extensive use of information and communications technology (ICT) has generated new forms of crimes or new ways of perpetrating them, as well as a new type of evidence. Contributing authors examine the legal framework in place in various EU member states when dealing with electronic evidence, with prominence given to data protection and privacy issues. Readers may learn about the state of the art tools and standards utilized for treating and exchanging evidence, and existing platforms and environments run by different Law Enforcement Agencies (LEAs) at local and central level. Readers will also discover the operational point of view of LEAs when dealing with electronic evidence, and their requirements and expectations for the future. Finally, readers may consider a proposal for realizing a unique legal framework for governing in a uniform and aligned way the treatment and cross border exchange of electronic evidence in Europe. The use, collection and exchange of electronic evidence in the European Union context and the rules, practises, operational guidelines, standards and tools utilized by LEAs, judges, Public prosecutors and other relevant stakeholders are all covered in this comprehensive work. It will appeal to researchers in both law and computer science, as well as those with an interest in privacy, digital forensics, electronic evidence, legal frameworks and law enforcement.

Handbook on European data protection law

Council of Europe,European Union Agency for Fundamental Rights
Handbook on European data protection law Book PDF

Author : Council of Europe,European Union Agency for Fundamental Rights
Publisher : Council of Europe
Page : 402 pages
File Size : 49,7 Mb
Release : 2018-04-15
Category : Political Science
ISBN : 9789287198495

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Handbook on European data protection law by Council of Europe,European Union Agency for Fundamental Rights Pdf

The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.

Data Protection, Migration and Border Control

Teresa Quintel
Data Protection Migration and Border Control Book PDF

Author : Teresa Quintel
Publisher : Bloomsbury Publishing
Page : 283 pages
File Size : 47,7 Mb
Release : 2022-11-17
Category : Law
ISBN : 9781509959648

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Data Protection, Migration and Border Control by Teresa Quintel Pdf

This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.

EU Enforcement Authorities

Michiel Luchtman,Katalin Ligeti,John Vervaele
EU Enforcement Authorities Book PDF

Author : Michiel Luchtman,Katalin Ligeti,John Vervaele
Publisher : Bloomsbury Publishing
Page : 385 pages
File Size : 50,7 Mb
Release : 2023-02-23
Category : Law
ISBN : 9781509946488

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EU Enforcement Authorities by Michiel Luchtman,Katalin Ligeti,John Vervaele Pdf

EU enforcement authorities are on the rise, entrusted with investigating breaches of EU law by individuals and economic actors. What are the implications for legal practice of their increasing prominence? This book explores this pertinent question from a constitutional and comparative perspective. It sets out the perimeters for composite enforcement and explores the relevant issues such as the interface between criminal and administrative law enforcement, the protection of fundamental rights and legal protection, as well as the admissibility of evidence, including unlawfully obtained evidence. Given the very real implications of the authorities' investigations, this book will appeal to practitioners and scholars, in fields from criminal law to competition and banking law.

Transnational Evidence and Multicultural Inquiries in Europe

Stefano Ruggeri
Transnational Evidence and Multicultural Inquiries in Europe Book PDF

Author : Stefano Ruggeri
Publisher : Springer Science & Business Media
Page : 231 pages
File Size : 51,9 Mb
Release : 2013-12-12
Category : Law
ISBN : 9783319025704

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Transnational Evidence and Multicultural Inquiries in Europe by Stefano Ruggeri Pdf

This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.

Combating Crime in the Digital Age: A Critical Review of EU Information Systems in the Area of Freedom, Security and Justice in the Post-Interoperability Era

Athina Giannakoula,Dafni Lima,Maria Kaiafa-Gbandi
Combating Crime in the Digital Age A Critical Review of EU Information Systems in the Area of Freedom Security and Justice in the Post Interoperability Era Book PDF

Author : Athina Giannakoula,Dafni Lima,Maria Kaiafa-Gbandi
Publisher : BRILL
Page : 103 pages
File Size : 53,9 Mb
Release : 2020-03-31
Category : Law
ISBN : 9789004425231

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Combating Crime in the Digital Age: A Critical Review of EU Information Systems in the Area of Freedom, Security and Justice in the Post-Interoperability Era by Athina Giannakoula,Dafni Lima,Maria Kaiafa-Gbandi Pdf

In Combating Crime in the Digital Age the authors offer a systematic and critical account of EU information systems in the area of freedom, security and justice. They examine personal data protection law, criminal procedure law and police law to propose safeguards and limitations addressing the emerging challenges for fundamental rights.

Handbook on European Data Protection Law

Union européenne. Agence des droits fondamentaux,Conseil de l'Europe,Cour européenne des droits de l'homme
Handbook on European Data Protection Law Book PDF

Author : Union européenne. Agence des droits fondamentaux,Conseil de l'Europe,Cour européenne des droits de l'homme
Publisher : Unknown
Page : 209 pages
File Size : 45,8 Mb
Release : 2014
Category : Computer security
ISBN : 9292393294

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Handbook on European Data Protection Law by Union européenne. Agence des droits fondamentaux,Conseil de l'Europe,Cour européenne des droits de l'homme Pdf

The aim of this handbook is to raise awareness and improve knowledge of data protection rules in European Union and Council of Europe member states by serving as the main point of reference to which readers can turn. It is designed for non-specialist legal professionals, judges, national data protection authorities and other persons working in the field of data protection.

Mutual Recognition of Judicial Decisions in European Criminal Law

Libor Klimek
Mutual Recognition of Judicial Decisions in European Criminal Law Book PDF

Author : Libor Klimek
Publisher : Springer
Page : 742 pages
File Size : 40,8 Mb
Release : 2016-12-09
Category : Law
ISBN : 9783319443775

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Mutual Recognition of Judicial Decisions in European Criminal Law by Libor Klimek Pdf

This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.

Use and Misuse of New Technologies

Elena Carpanelli,Nicole Lazzerini
Use and Misuse of New Technologies Book PDF

Author : Elena Carpanelli,Nicole Lazzerini
Publisher : Springer
Page : 363 pages
File Size : 50,7 Mb
Release : 2019-05-14
Category : Law
ISBN : 9783030056483

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Use and Misuse of New Technologies by Elena Carpanelli,Nicole Lazzerini Pdf

The ever-increasing use of technology is challenging the current status of the law, bringing about new problems and questions. The book addresses this trend from the perspective of International law and European Union law and is divided into three main thematic sections. The first section focuses on the legal implications of the use of technology either for law enforcement purposes or in the context of military activities, and examines how this use adds a new dimension to perennial issues, such as the uneasy balance between security concerns and the protection of individual rights, and defining the exact scope of certain State obligations. In so doing, it takes into account a range of current and potential scenarios at the international, regional and domestic level, including the use of killer robots, databases, drones and technology in general to patrol borders, exchange information on criminal suspects, maintain public order, target suspected terrorists and conduct military activities. In turn, the second section examines the role of institutional and non-institutional actors in establishing substantive normative standards for the use of high-tech applications. In this respect, it focuses both on the role that European courts have played so far, and on how other actors’ initiatives can contribute to the construction of a new legal framework for technology-related activities. Lastly, the third section has a two-fold focus: the first part investigates how the increasing reliance on technology is affecting traditional rules on international responsibility, and is challenging, in particular, the attribution of wrongful conduct to States and international organizations. The second part addresses issues of jurisdiction and justiciability. Given the scope of its coverage, this timely book addresses an important lacuna in the current legal scholarship, exploring some of the most recent applications of technology and the legal issues arising as a result. Readers will gain novel insights into the challenges posed to International law and European law by the growing reliance on technology, taking into account both its uses and misuses.

Automated Decision-Making and Effective Remedies

Simona Demková
Automated Decision Making and Effective Remedies Book PDF

Author : Simona Demková
Publisher : Edward Elgar Publishing
Page : 227 pages
File Size : 49,8 Mb
Release : 2023-08-14
Category : Law
ISBN : 9781035306619

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Automated Decision-Making and Effective Remedies by Simona Demková Pdf

This timely book explores the legal and practical challenges created by the increasingly automated decision-making procedures underpinning EU multilevel cooperation, for example, in the fields of border control and law enforcement. It argues that such procedures impact not only the rights to privacy and data protection, but fundamentally challenge the EU constitutional promise of effective judicial protection

Preventive Justice

Andrew Ashworth,Lucia Zedner
Preventive Justice Book PDF

Author : Andrew Ashworth,Lucia Zedner
Publisher : OUP Oxford
Page : 310 pages
File Size : 49,6 Mb
Release : 2014-03-27
Category : Law
ISBN : 9780191021046

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Preventive Justice by Andrew Ashworth,Lucia Zedner Pdf

This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

Research Handbook on EU Administrative Law

Carol Harlow,Päivi Leino,Giacinto della Cananea
Research Handbook on EU Administrative Law Book PDF

Author : Carol Harlow,Päivi Leino,Giacinto della Cananea
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 55,8 Mb
Release : 2017-02-24
Category : Electronic
ISBN : 9781784710682

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Research Handbook on EU Administrative Law by Carol Harlow,Päivi Leino,Giacinto della Cananea Pdf

Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don’t know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen ‘voice’ and access to policy-making.