Mutual Admissibility Of Evidence In Criminal Matters In The Eu Ircp Series Vol 53

Author : Gert Vermeulen,Wendy De Bondt,Yasmin van Damme
Publisher : Maklu
Page : 256 pages
File Size : 52,8 Mb
Release : 2010
Category : Law
ISBN : 9789046603437

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EU Cross-border Gathering and Use of Evidence in Criminal Matters by Gert Vermeulen,Wendy De Bondt,Yasmin van Damme Pdf

The European Council set out the 2007 specific program on 'Criminal Justice' as part of the General Program on Fundamental Rights and Justice. The concrete objectives of the program include the promotion of the principle of mutual recognition and mutual trust, eliminating obstacles created by disparities between Member States judicial systems, and improving knowledge of Member States' legal and judicial systems in criminal matters, and the exchange and dissemination of good practice. As part of this program, the European Commission awarded a contract to the Institute of International Research on Criminal Policy to conduct the study. This book is the result of that study. The initial aim of the study was to obtain up-to-date information on the national laws of the EU Member States on the gathering and handling of evidence and to analyze that information in the light of recent developments in legislation governing cross-border transmission of evidence, in particular the 2008 European Evidence Warrant. In addition, it was the intention of the European Commission to initiate preparatory work on a legal instrument that would expand the scope of application of the European Evidence Warrant in order to further replace the existing regime of mutual legal assistance within the EU by a mechanism based on the mutual recognition principle. As a result, the study was broadened to also assess whether or not a mutual recognition-based EU mutual legal assistance regime is desirable and feasible. Whereas the Green Paper on obtaining evidence in criminal matters (issued in 2009 by the European Commission) raises general questions on the matter, this book provides an in-depth and full-scale overview of the current situation relating to cross-border gathering, obtaining, and admissibility of evidence in criminal matters between the EU Member States, as well as clear-cut future legal and policy options. This book is essential reading for EU policy makers, as well as judicial and law enforcement authorities throughout the EU and from a broader international context. It will be particularly appealing also to the research community and anyone involved in or taking an interest in criminal policy initiatives in the EU.

Author : Martyna Kusak
Publisher : Maklu
Page : 245 pages
File Size : 49,5 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 : Claire Hamilton
Publisher : Springer Nature
Page : 162 pages
File Size : 49,9 Mb
Release : 2019-08-21
Category : Social Science
ISBN : 9783030123222

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Contagion, Counter-Terrorism and Criminology by Claire Hamilton Pdf

This book considers the impact of post 9/11 counter-terrorism laws outside of the counter-terrorism context, a process described here as ‘contagion’. It does so via a detailed empirical examination of the impact of counter-terrorism measures on the criminal justice systems of three selected EU countries with varying histories and experience of terrorism, namely, the UK, France and Poland. In particular, the book explores the synergistic relationship between counter-terrorism measures and control measures aimed at ‘ordinary’ crimes and asks what the implications are for the direction of travel of the criminal law in general. It probes the hegemonic power of terrorism and the securitisation agenda more broadly and discusses the implications for criminology as a discipline – does it, for example, have a role in social contestation of contagion? This book will be suitable for academics and students interested in political violence, terrorism and counterterrorism as well as practitioners and experts working in the area.

Author : Inmaculada Marrero Rocha,Humberto M. Trujillo Mendoza
Publisher : Routledge
Page : 278 pages
File Size : 45,9 Mb
Release : 2018-11-20
Category : Political Science
ISBN : 9780429887888

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Jihadism, Foreign Fighters and Radicalization in the EU by Inmaculada Marrero Rocha,Humberto M. Trujillo Mendoza Pdf

Jihadism, Foreign Fighters and Radicalization in the EU addresses the organizational and strategic changes in terrorism in Europe as a result of urban jihadism and the influx of foreign fighters of European nationality or residence. Examining the different types of responses to the treatment of radicalization and its consequences in the recruitment of young urban fighters and jihadists, this book offers a framework for understanding the process of violent radicalization. It critically analyses political and legal responses that have taken place within the European framework, whilst also examining a series of functional responses from social and behavioural psychology. This book then goes on to develop an explanatory model from an economic standpoint, exploring the need to adapt the fight against the financing of terrorism to the changes in the sources of financing jihadist cells and foreign fighters. Furthermore, the volume draws on experience from the prison sector to assess the process of radicalization and the possibilities of intervention. Taking an interdisciplinary approach, this book will be of great interest to students of terrorism and counter-terrorism, radicalization, European politics, radical Islam and security studies.

Author : Gert Vermeulen,Wendy De Bondt,Charlotte Ryckman,Nina Peršak
Publisher : Maklu
Page : 343 pages
File Size : 44,6 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 : Gert Vermeulen
Publisher : Maklu
Page : 140 pages
File Size : 52,8 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 : J. H. Jans
Publisher : Unknown
Page : 488 pages
File Size : 42,9 Mb
Release : 2000
Category : EU-ret
ISBN : UCAL:B5121768

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European Environmental Law by J. H. Jans Pdf

This leading monograph on European Environmental Law now completely updated and revised. Taking into account the changes of the 'Amsterdam Treaty', new case law of the Court of Justice and recent environmental directives and regulations. Prof. Jans acclaimed book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EC environmental policy and on what principles are directives and regulations based upon? To what extent preclude EC environmental directives more stringent national environmental standards? What are the requirements the Court of Justice has imposed on the Member States implementing environmental directives? To what extent can European environmental law be relied upon and challenged before national courts and the Court of Justice? How do the Treaty rules on the Internal Market and undistorted competition interfere with national environmental policy? Answers to these questions can be found in prof. Jans' book. The book discusses all major environmental directives and regulations, integrating important judgments of the Court of Justice on their interpretation. Various national case law on the application of European environmental law is being taken into account. About the author: Prof. Jans (1956) teaches EU law at the Europa Instituut of the law faculty of the University of Amsterdam. He is a member of the Dutch Commission on Environmental Impact Assessment, Vice-Chairman of the Appeal Committee of the Dutch Cartel Authority, and honorory judge at the Assen District Court. He is also member of the editorial boards of the Journal of Environmental Law, SEW, Legal Issues of Economic Integration and The Columbia Journal of European Law.

Author : Lorena Bachmaier Winter,Stephen C. Thaman,Veronica Lynn
Publisher : Springer Nature
Page : 440 pages
File Size : 49,7 Mb
Release : 2020-06-10
Category : Law
ISBN : 9783030431235

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The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings by Lorena Bachmaier Winter,Stephen C. Thaman,Veronica Lynn Pdf

The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.

Author : Stefano Ruggeri
Publisher : Springer Science & Business Media
Page : 561 pages
File Size : 54,7 Mb
Release : 2013-01-09
Category : Law
ISBN : 9783642320125

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Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings by Stefano Ruggeri Pdf

The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources. Due to this complex scenario, this research has been carried out from a four-level perspective. The first part provides a critical analysis of the multilevel systems of protecting fundamental rights from the perspective of supranational and constitutional case law, and in the field of international and organized crime. The second part focuses on EU judicial cooperation in three main fields: financial and serious organized crime, mutual recognition tools, and individual rights protection. The third part provides the perspectives of ten domestic legal systems in two fields, i.e., obtaining evidence abroad and cooperation with international criminal tribunals. The fourth part analyses cross-border inquiries in comparative law, providing a reconstruction of different models of obtaining evidence overseas.

Author : Cornelius Friesendorf
Publisher : Unknown
Page : 514 pages
File Size : 42,8 Mb
Release : 2009
Category : Human trafficking
ISBN : 3902670193

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Strategies Against Human Trafficking by Cornelius Friesendorf Pdf

Author : Miroslava Scholten,Michiel Luchtman
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 45,6 Mb
Release : 2017-11-24
Category : SOCIAL SCIENCE
ISBN : 9781786434630

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Law Enforcement by EU Authorities by Miroslava Scholten,Michiel Luchtman Pdf

EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.

Author : Fatimah Ibrahim,Juliana Usman,Mas Sahidayana Mohktar,Mohd Yazed Ahmad
Publisher : Springer
Page : 327 pages
File Size : 51,9 Mb
Release : 2015-11-26
Category : Technology & Engineering
ISBN : 9789811002663

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International Conference for Innovation in Biomedical Engineering and Life Sciences by Fatimah Ibrahim,Juliana Usman,Mas Sahidayana Mohktar,Mohd Yazed Ahmad Pdf

This volumes presents the proceedings of ICIBEL 2015, organized by the Centre for Innovation in Medical Engineering (CIME) under Innovative Technology Research Cluster, University of Malaya. It was held in Kuala Lumpur, Malaysia, from 6-8 December 2015. The ICIBEL 2015 conference promotes the latest researches and developments related to the integration of the Engineering technology in medical fields and life sciences. This includes the latest innovations, research trends and concerns, challenges and adopted solution in the field of medical engineering and life sciences.

Author : L. H. Erkelens,A.W.H. Meij,M. Pawlik
Publisher : Springer
Page : 285 pages
File Size : 50,7 Mb
Release : 2014-09-18
Category : Law
ISBN : 9789462650350

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The European Public Prosecutor’s Office by L. H. Erkelens,A.W.H. Meij,M. Pawlik Pdf

In 2013 the European Commission launched its legislative proposal to create a European Public Prosecutor’s Office. The proposal provoked fierce debates, politically as well as on the academic level. Many national parliaments opposed and submitted formally their grievances to the Commission. Negotiations on the proposal between Member States are still ongoing. The T.M.C. Asser Instituut held the first international conference on this unprecedented proposal. This book reflects the main results of that conference. It provides a concise background of and reasoning for the introduction of this new EU body entrusted with far reaching judicial powers disclosing important legal and policy implications. Within its hitherto limited scope the existing system of judicial cooperation between EU Member States will change fundamentally, directly affecting the functioning of national courts and public prosecutions offices. How will this evolve? This book will help answering fundamental questions involved.

Author : Eva Brems,Janneke Gerards
Publisher : Cambridge University Press
Page : 379 pages
File Size : 52,5 Mb
Release : 2014-01-23
Category : Political Science
ISBN : 9781107729698

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Shaping Rights in the ECHR by Eva Brems,Janneke Gerards Pdf

In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.

Author : Ulrike Müßig
Publisher : BRILL
Page : 676 pages
File Size : 41,9 Mb
Release : 2019-07-08
Category : Law
ISBN : 9789004393721

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Reason and Fairness by Ulrike Müßig Pdf

Reason and Fairness offers a comparative history of the functionality of ordinary judicial competences, contemporary findings of its protective needs in the court internal and external spheres and completed by means of raising historical arguments in modern conventional law.