Mutual Recognition Of Judicial Decisions In European Criminal Law

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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 : 43,5 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.

The Principle of Mutual Recognition in EU Law

Christine Janssens
The Principle of Mutual Recognition in EU Law Book PDF

Author : Christine Janssens
Publisher : Oxford University Press
Page : 407 pages
File Size : 49,5 Mb
Release : 2013-10
Category : Law
ISBN : 9780199673032

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

Based on author's dissertation (doctoral)--Universiteit Antwerpen, 2011, under title: The Principle of Mutual Recognition in the EU Internal Market and the EU Criminal Justice Area

The Principle of Mutual Trust in EU Criminal Law

Auke Willems
The Principle of Mutual Trust in EU Criminal Law Book PDF

Author : Auke Willems
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 55,8 Mb
Release : 2021-02-11
Category : Law
ISBN : 9781509924554

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The Principle of Mutual Trust in EU Criminal Law by Auke Willems Pdf

This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.

Avenir de la Reconnaissance Mutuelle en Matière Pénale Dans L'Union Européenne

Gisèle Vernimmen-Van Tiggelen,Laura Surano,Anne Weyembergh
Avenir de la Reconnaissance Mutuelle en Mati re P nale Dans L Union Europ enne Book PDF

Author : Gisèle Vernimmen-Van Tiggelen,Laura Surano,Anne Weyembergh
Publisher : Université de Bruxelles
Page : 632 pages
File Size : 41,9 Mb
Release : 2009
Category : Criminal jurisdiction
ISBN : STANFORD:36105132883245

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Avenir de la Reconnaissance Mutuelle en Matière Pénale Dans L'Union Européenne by Gisèle Vernimmen-Van Tiggelen,Laura Surano,Anne Weyembergh Pdf

In the EU's fast-growing Area of Freedom, Security and justice, the principle of mutual recognition should play a key rote in the field of judicial cooperation in criminal matters. Since mutual recognition was enshrined as a cornerstone of judicial cooperation in the EU by the European Council of Tampere in 1999, an increasing number of binding instruments based on this principle have been adopted in the framework of the EU's Third Pillar. The considerable impact of those instruments on national criminal legal systems has often required a major effort by Member States in adjusting their national legislation so that it complies with the new mechanisms agreed at EU level. What are the real difficulties encountered by Member States in the transposition of these legislative texts into national law and, even earlier, when the texts are being negotiated within the Council of the EU? What tessons can be learned from the early years of their practical implementation by the competent judicial authorities? And, above ail, what will be the future rote and scope of the principle of mutual recognition in criminal matters in Europe? The entry into force of the Lisbon Treaty and the adoption of a new multi-annual programme (replacing the Hague Programme) to strengthen the EU's Area of Freedom, Security and Justice are both pending. In this crucial time of transition and uncertainty, the book seeks to provide answers to the above questions and many other related issues. Through its country by country approach covering the vast majority of the Member States, it intends to provide policymakers, practitioners, academics and researchers with a comprehensive analysis of the problems that have emerged and the solutions envisaged by each State in their implementation of mutual recognition instruments. The country chapters are followed by a final EU-wide analysis that seeks to identify common themes and obstacles and to consider future options and possible scenarios. The whole study, based on in-depth research combined with interviews conducted with hundreds of practitioners and experts from across the EU, amounts to a remarkable team performance carried out together with academics and researcher members of ECLAN (European Criminal Law Academic Network).

EU Criminal Law and Justice

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

Author : Maria Fletcher,William C. Gilmore
Publisher : Edward Elgar Publishing
Page : 251 pages
File Size : 46,9 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781848443884

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EU Criminal Law and Justice by Maria Fletcher,William C. Gilmore Pdf

. . . this book fills a significant gap in the English-language literature and must be read by all who seek to understand why profound reflection is needed on the theoretical underpinnings of EU criminal justice. Samuli Miettinen, Journal of Common Market Studies The book contains a number of interesting arguments and comments on the development of EU criminal law. . . the authors efforts to provide a generalist book in this ever-growing, increasingly important and still under-researched field of EU law must be welcomed. Valsamis Mitsilegas, The Edinburgh Law Review Today, EU criminal law and justice constitutes a significant body of law potentially affecting most aspects of criminal justice. This book provides a comprehensive, accessible yet analytically challenging account of the institutional and legal developments in this field to date. It also includes full consideration of the prospective changes to EU criminal law contained in the recent Lisbon Treaty . While, broadly speaking, the authors welcome the objectives of EU criminal law, they call for a profound rethinking of how the good of criminal justice however defined is to be delivered to those living in the EU. At present, despite sometimes commendable initiatives from the institutions responsible, the actual framing and implementation of the Area of Freedom, Security and Justice (AFSJ) suffers from a failure to properly consider the theoretical implications of providing the good of criminal justice at the EU level. Written shortly before the recent entry into force of the Lisbon Treaty, EU Criminal Law and Justice comprises a full overview of the key legal developments and debates and includes a user-friendly guide to the institutional changes contained in the Treaty. This timely book will be of interest to both undergraduate and postgraduate students, as well as to legal practitioners and policy makers at national and EU levels.

Quid Pro Quo?

Jannemieke Ouwerkerk
Quid Pro Quo Book PDF

Author : Jannemieke Ouwerkerk
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2011
Category : Comparative law
ISBN : 9400001762

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Quid Pro Quo? by Jannemieke Ouwerkerk Pdf

This book provides a comparative law perspective on the mutual recognition of judicial decisions in criminal matters. With the aim of creating a clear definition of mutual recognition in the context of criminal law, an internal comparison is made with mutual recognition in other fields of EU competence: the internal market and the field of civil and commercial law.

EU Criminal Law and Policy

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

Author : Joanna Beata Banach-Gutierrez,Christopher Harding
Publisher : Routledge
Page : 261 pages
File Size : 50,9 Mb
Release : 2016-07-28
Category : Law
ISBN : 9781317427612

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EU Criminal Law and Policy by Joanna Beata Banach-Gutierrez,Christopher Harding Pdf

The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.

Whose Responsibility?

Malin Thunberg Schunke
Whose Responsibility Book PDF

Author : Malin Thunberg Schunke
Publisher : Unknown
Page : 0 pages
File Size : 50,8 Mb
Release : 2013
Category : Criminal law
ISBN : 1780681755

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Whose Responsibility? by Malin Thunberg Schunke Pdf

The growing attention being paid to transnational criminality and the emergence of new models of State cooperation make it necessary to reconsider the traditional features of human rights enforcement. This book provides a comprehensive analysis of how criminal procedural rights are (if at all) protected within the framework of mutual recognition within the EU. The study concentrates on the framework decision of the European Arrest Warrant. The central issue of analysis is the national and extraterritorial responsibility for violations of fundamental rights which occur in the framework of such transnational procedures. Are there any provisions in international or national instruments which aim at effectively preventing or remedying violations? Is there any functioning judicial control? The effect of national legislation and human rights bars to cooperation is discussed on the basis of a comparative study of the legislation and case-law in Sweden and the UK. Further, the roles of the European courts for the protection of due process rights are analyzed. The book focuses on the special features of mutual recognition in relation to State responsibility for an executing and issuing State. Especially, the concept of mutual trust and the justifications for a system of division of labor between the States are critically discussed. Whose Responsibility? offers new and interesting perspectives regarding the specific problems of being a defendant within the EU and provides some new answers to the question of responsibility for transnational defense rights. (Series: Supranational Criminal Law: Capita Selecta - Vol. 16)

The Court of Justice and European Criminal Law

Valsamis Mitsilegas,Alberto di Martino,Leandro Mancano
The Court of Justice and European Criminal Law Book PDF

Author : Valsamis Mitsilegas,Alberto di Martino,Leandro Mancano
Publisher : Bloomsbury Publishing
Page : 741 pages
File Size : 53,7 Mb
Release : 2019-09-05
Category : Law
ISBN : 9781509911189

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The Court of Justice and European Criminal Law by Valsamis Mitsilegas,Alberto di Martino,Leandro Mancano Pdf

The aim of this book is to provide an insight into the landmark rulings of the Court of Justice of the European Union (CJEU) in European Criminal Law (ECL). As in other areas of EU law, the decisions of the CJEU have been a driving force for development and integration. By analysing the impact of these leading cases on EU and national law, the book provides a diachronic and multifaceted picture of the Court's approach to criminal law.

The Future of EU Criminal Justice Policy and Practice

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

Author : Jannemieke Ouwerkerk,Judit Altena,Jacob Öberg,Samuli Miettinen
Publisher : BRILL
Page : 275 pages
File Size : 46,8 Mb
Release : 2019-03-27
Category : Law
ISBN : 9789004367371

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

In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.

Research Handbook on EU Criminal Law

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

Author : Valsamis Mitsilegas,Maria Bergström,Theodore Konstadinides
Publisher : Edward Elgar Publishing
Page : 672 pages
File Size : 49,6 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

Harmonization of Criminal Law in Europe

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

Author : Erling Johannes Husab©ı,Asbjørn Strandbakken
Publisher : Intersentia nv
Page : 175 pages
File Size : 54,7 Mb
Release : 2005
Category : Criminal justice, Administration of
ISBN : 9789050954747

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

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

Human Rights in European Criminal Law

Stefano Ruggeri
Human Rights in European Criminal Law Book PDF

Author : Stefano Ruggeri
Publisher : Springer
Page : 313 pages
File Size : 42,9 Mb
Release : 2015-01-02
Category : Law
ISBN : 9783319120423

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Human Rights in European Criminal Law by Stefano Ruggeri Pdf

This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.

The Nature of Mutual Recognition in European Law

Wouter van Ballegooij
The Nature of Mutual Recognition in European Law Book PDF

Author : Wouter van Ballegooij
Publisher : Unknown
Page : 414 pages
File Size : 43,5 Mb
Release : 2015-07-01
Category : Electronic
ISBN : 178068326X

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The Nature of Mutual Recognition in European Law by Wouter van Ballegooij Pdf

There is substantial disagreement in academic literature over how to address the tensions between the application of mutual recognition and the safeguarding of individual rights, particularly in the EU's criminal justice arena. This book investigates those tensions by re-examining the nature of mutual recognition in European law from an individual rights perspective. A key question is the role played by mutual recognition in the process of reconciling free movement and other interests. The book contains a comparative analysis of mutual recognition in the internal market and the 'area of freedom, security, and justice.' It assesses mutual recognition in the context of the aims of both areas, as well as the principles of European law and norms laid down in primary/secondary EU law. The analysis follows mutual recognition in the fields of product requirements, professional qualifications, and judicial decisions in criminal matters. The book concludes that the core function of mutual recognition has been obscured by assertions made by EU policy makers regarding its consequences, which fail to distinguish between policy objectives, integration methods, and legal obligations. This has also led to a debate among academics and an interpretation of mutual recognition by the Court of Justice which presents an unnecessary conflict between the application of mutual recognition and the safeguarding of individual rights. It is argued that, for mutual recognition to have a stable future in the EU criminal justice area, clarity regarding its aims is urgently required and individual rights need to be enhanced, both in judicial cooperation measures and through harmonization of suspects' rights in criminal proceedings. (Series: Ius Commune Europaeum - Vol. 138) [Subject: European Law, Human Rights Law, Criminal Justice]

European Criminal Law

André Klip
European Criminal Law Book PDF

Author : André Klip
Publisher : Unknown
Page : 0 pages
File Size : 45,7 Mb
Release : 2012
Category : Criminal law
ISBN : 1780680015

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European Criminal Law by André Klip Pdf

European criminal law is explained as a multi-level field of law, in which the European Union has a normative influence on substantive criminal law, criminal procedure and on the co-operation between Member States. This book aims to describe the contours of the emerging criminal justice system of the European Union and to present a coherent picture of the legislation enacted and the case law on European Union Level and its influence on national criminal law and criminal procedure. Among the topics and questions covered in this book are the following: What does mutual recognition mean in the context of the European Arrest Warrant? How can European Union law be invoked by an accused? When is the Charter of Fundamental Freedoms applicable in national criminal proceedings? These and other pertinent questions are dealt with on the basis of an-in-depth analysis of the case law of the Court of Justice and legislation. In addition, the book challenges the reader to assess the mutual (and sometimes conflicting) influence of European Union law and national criminal law respectively and explains how European Union law will usually prevail although national criminal law still remains relevant. The book covers a wealth of court decisions and legal instruments making European Criminal Law, written for practitioners, academics and students, an invaluable source for every European and criminal lawyer This second updated and extended edition covers all recent developments since the entry into force of the Treaty of Lisbon in 2009. Book jacket.