Handbook On The European Arrest Warrant

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Handbook on the European Arrest Warrant

Author : Rob Blekxtoon,Wouter van Ballegooij
Publisher : T.M.C. Asser Press
Page : 300 pages
File Size : 40,6 Mb
Release : 2004-11-25
Category : Law
ISBN : 9067041815

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Handbook on the European Arrest Warrant by Rob Blekxtoon,Wouter van Ballegooij Pdf

On 13 June 2002 the Framework Decision on the European Arrest Warrant and Surrender Procedures between Member States of the European Union (EAW) was adopted by the Council of the European Union. The Framework Decision must be implemented by all current and future members of the European Union in their respective legal systems. This handbook offers an introduction to the EAW, its origin and its implications. It sets out the history of extradition as a legal system and compares the EAW with the old system. It includes the full text of the EAW with commentaries per paragraph. Attention is paid to procedural rules as well as to special issues, such as the principles of reciprocity and mutual trust, ne bis in idem, verdicts in absentia and the double criminality rule. The relation of EAW with other relevant legal instruments, including those concerning human rights and procedural safeguards, is also covered.

Handbook on the European Arrest Warrant

Author : Rob Blekxtoon,Wouter van Ballegooij
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 51,6 Mb
Release : 2005
Category : Law
ISBN : 906704587X

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Handbook on the European Arrest Warrant by Rob Blekxtoon,Wouter van Ballegooij Pdf

With a Preface by António Vitorino, Member of the European Commission responsible for Justice and Home Affairs. On 13 June 2002 the Framework Decision on the European Arrest Warrant and Surrender Procedures between Members States of the European Union (EAW) was adopted by the Council of the European Union. The Framework Decision is to be implemented by all current and future members of the European Union in their respective legal systems. The new surrender regime replaces the system of extradition between the Member States. The present Handbook offers an introduction to the EAW, its origin and its implications. The book sets out on the history of extradition as a legal system and compares the EAW with the old system. It includes the full text of the EAW with commentaries per paragraph. Attention is paid to procedural rules as well as to special issues, such as the principles of reciprocity and mutual trust, ne bis in idem, verdicts in absentia and the double criminality rule. The relation of the EAW with other relevant legal instruments, including those concerning human rights and procedural safeguards, is also covered. A keyword index enhances the accessibility of the book. The Handbook on the European Arrest Warrant is written by legal experts – practitioners and academics – for government officials, judges and public prosecutors, legal practitioners, academics and everyone else involved in the implementation of the EAW on the national level. Judge Rob Blekxtoon was Presiding Judge of the Extradition Division of the Amsterdam District Court for more than eighteen years and was charged with establishing the Surrender Division of that Court, which is designated to handle all surrender cases in the Netherlands.

Research Handbook on EU Criminal Law

Author : Valsamis Mitsilegas,Maria Bergström,Theodore Konstadinides
Publisher : Edward Elgar Publishing
Page : 672 pages
File Size : 41,6 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

European Arrest Warrant

Author : Renata Barbosa,Vincent Glerum,Hans Kijlstra,André Klip,Christina Peristeridou,Małgorzata Wąsek-Wiaderek,Adrian Zbiciak
Publisher : Unknown
Page : 378 pages
File Size : 43,6 Mb
Release : 2022-04-18
Category : Arrest
ISBN : 946236284X

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European Arrest Warrant by Renata Barbosa,Vincent Glerum,Hans Kijlstra,André Klip,Christina Peristeridou,Małgorzata Wąsek-Wiaderek,Adrian Zbiciak Pdf

What practical problems are at stake in current EAW surrender proceedings? The research project Improving Mutual Recognition of European Arrest Warrants through Common Practical Guidelines of which the three country reports for Greece, the Netherlands and Poland are now published, is a follow-up of an earlier project that led to the publication of The European Arrest Warrant and In Absentia Judgments, Maastricht Law Series No.12 InAbsentiEAW. This project is broader than in absentia alone and looks at various other aspects of the EAW surrender procedure that are problematic in practice. It also goes more into detail as it aims to present an alternative to the outdated Handbook for the European Arrest Warrant. This publication will be followed by a final report containing these Common Practical Guidelines. The current volume contains the country reports for Greece, the Netherlands and Poland as these countries offer a representative and interesting intersection of situations in daily practice when it comes to creating, fighting and solving problems on the EAW ImprovEAW. About the Maastricht Law Series: Created in 2018 by Boom juridisch and Eleven International Publishing in association with the Maastricht University Faculty of Law, the Maastricht Law Series publishes books on comparative, European and International law. The series builds upon the tradition of excellence in research at the Maastricht Faculty of Law, its research centers and the Ius Commune Research School. The Maastricht Law Series is a peer reviewed book series thatallows researchers an excellent opportunity to showcase their work.

Handbook of European Criminal Procedure

Author : Roberto E. Kostoris
Publisher : Springer
Page : 445 pages
File Size : 54,8 Mb
Release : 2018-04-12
Category : Law
ISBN : 9783319724621

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Handbook of European Criminal Procedure by Roberto E. Kostoris Pdf

This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor’s Office.

European Arrest Warrant

Author : Libor Klimek
Publisher : Springer
Page : 0 pages
File Size : 50,6 Mb
Release : 2016-08-23
Category : Law
ISBN : 3319359614

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European Arrest Warrant by Libor Klimek Pdf

This book examines the European arrest warrant as a successful and effective instrument for 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 the European arrest warrant. The book analyses its genesis, main features, surrender procedure, case law, implementation and the latest developments. Instead of focusing solely on a criminal law approach, it also considers the subject from the perspective of European Union law and constitutional law.

The Oxford Handbook of Criminal Process

Author : Darryl K. Brown,Jenia Iontcheva Turner,Bettina Weisser
Publisher : Oxford University Press
Page : 952 pages
File Size : 51,5 Mb
Release : 2019-02-22
Category : Law
ISBN : 9780190659851

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The Oxford Handbook of Criminal Process by Darryl K. Brown,Jenia Iontcheva Turner,Bettina Weisser Pdf

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.

Research Handbook on EU Law and Human Rights

Author : Sionaidh Douglas-Scott,Nicholas Hatzis
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 42,5 Mb
Release : 2017-07-21
Category : Electronic
ISBN : 9781782546405

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Research Handbook on EU Law and Human Rights by Sionaidh Douglas-Scott,Nicholas Hatzis Pdf

The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.

European Union Law

Author : Damian Chalmers,Gareth Davies,Giorgio Monti
Publisher : Cambridge University Press
Page : 1209 pages
File Size : 54,8 Mb
Release : 2010-06-24
Category : Law
ISBN : 9781139487887

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European Union Law by Damian Chalmers,Gareth Davies,Giorgio Monti Pdf

This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.

Crime within the Area of Freedom, Security and Justice

Author : Christina Eckes,Theodore Konstadinides
Publisher : Cambridge University Press
Page : 327 pages
File Size : 55,6 Mb
Release : 2011-01-20
Category : Law
ISBN : 9781139495479

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Crime within the Area of Freedom, Security and Justice by Christina Eckes,Theodore Konstadinides Pdf

The 'Europeanisation' of the fight against crime is a broad and much-contested notion. This in-depth analysis of the role of the EU in fighting crime within the area of freedom, security and justice explores the impact of EU policies in the Member States, the progressive convergence of Member States' criminal law systems, the emergence of mutual recognition as an alternative to harmonization, and the incremental development of the ECJ's jurisdiction. The essays also explore the limitations inherent in EU counter-crime policies and the changes brought about by the introduction of the Treaty of Lisbon. These changes are discussed both collectively and within individual substantive areas in which the EU has taken an active role in fighting crime, such as corruption, money laundering, terrorism, organised crime and extradition.

European Arrest Warrant

Author : Libor Klimek
Publisher : Springer
Page : 375 pages
File Size : 41,6 Mb
Release : 2014-09-23
Category : Law
ISBN : 9783319073385

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European Arrest Warrant by Libor Klimek Pdf

This book examines the European arrest warrant as a successful and effective instrument for 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 the European arrest warrant. The book analyses its genesis, main features, surrender procedure, case law, implementation and the latest developments. Instead of focusing solely on a criminal law approach, it also considers the subject from the perspective of European Union law and constitutional law.

The European Arrest Warrant and EU Citizenship

Author : Joske Graat
Publisher : Springer Nature
Page : 418 pages
File Size : 51,8 Mb
Release : 2022-09-09
Category : Law
ISBN : 9783031075902

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The European Arrest Warrant and EU Citizenship by Joske Graat Pdf

This book offers an in-depth analysis of the relationship between EU citizenship, the European arrest warrant (EAW), and the legality principle. It focuses on the role of the EAW in relation to two foreseeability problems with which EU citizens – especially those who exercise free movement rights – could be confronted. These problems concern the foreseeability of specific national criminal laws at the time of the offense on the one hand and forum decisions on the other. The first part of the book addresses the extent to which these foreseeability problems and the role of the EAW therein are viewed as legality problems at the EU level and in three national legal orders (the Netherlands, Germany, and England and Wales). In turn, the second part of the book critically examines the current scope and content of the legality principle in light of the EU’s objective to offer its citizens an Area of Freedom, Security and Justice (AFSJ) in which both safety and free movement are guaranteed. As EU citizens often encounter foreseeability problems when exercising their free movement rights, it is argued that they should be protected by a transnational framework of fundamental rights. The book subsequently makes recommendations for a transnational interpretation of the legality principle, one which fits the normative context of the AFSJ as described in Article 3(2) TEU. On the basis of the evolution of EU citizenship over time, the book also develops two EU citizenship narratives and explains how they could contribute to transnational fundamental rights protection and a solution to foreseeability problems. With regard to arriving at concrete solutions, the book offers recommendations for EU legislation that could adequately remedy foreseeability problems and the role of the EAW therein.

Mutual Recognition of Judicial Decisions in European Criminal Law

Author : Libor Klimek
Publisher : Springer
Page : 742 pages
File Size : 54,6 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.

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

Author : Athina Giannakoula,Dafni Lima,Maria Kaiafa-Gbandi
Publisher : BRILL
Page : 103 pages
File Size : 54,7 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.

Racism and Equality in the European Union

Author : Mark Bell
Publisher : Oxford University Press
Page : 128 pages
File Size : 52,7 Mb
Release : 2009-01-08
Category : Law
ISBN : 9780191559327

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Racism and Equality in the European Union by Mark Bell Pdf

The European Union has committed itself to combating racism as a general objective of law and policy. EU legislation requires Member States to introduce laws prohibiting racial discrimination in many aspects of everyday life, including employment, education, healthcare, and housing. Alongside legislation requiring action at national level, the EU institutions have also made periodic commitments to 'mainstream' racial equality: taking anti-racism objectives into account within all areas of EU law and policy. This book analyses the extent to which the objectives of combating racism and promoting ethnic equality have been effectively mainstreamed throughout a wide range of EU policy fields. It begins by considering what combating racism means in the contemporary context of the enlarged EU. Bell explores what mainstreaming ethnic equality objectives entails, and whether the priorities and instruments differ from those adopted in the earlier mainstreaming of gender equality, or those used on other discrimination grounds. The second part of the book examines the extent to which EU law and policy objectives have, in practice, been integrated, exploring the effects in the key areas of employment, social inclusion (including education, health and housing), immigration, and criminal law.