Rethinking International Cooperation In Criminal Matters In The Eu

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Rethinking International Cooperation in Criminal Matters in the EU

Gert Vermeulen,Wendy De Bondt
Rethinking International Cooperation in Criminal Matters in the EU Book PDF

Author : Gert Vermeulen,Wendy De Bondt
Publisher : Maklu
Page : 769 pages
File Size : 40,7 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of authorities involved therein, rendering the traditional distinction between police and judicial cooperation as outdated.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)

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 : 51,5 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.

Brexit and Beyond

Benjamin Martill,Uta Staiger
Brexit and Beyond Book PDF

Author : Benjamin Martill,Uta Staiger
Publisher : UCL Press
Page : 314 pages
File Size : 55,9 Mb
Release : 2018-01-29
Category : Political Science
ISBN : 9781787352773

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Brexit and Beyond by Benjamin Martill,Uta Staiger Pdf

Brexit will have significant consequences for the country, for Europe, and for global order. And yet much discussion of Brexit in the UK has focused on the causes of the vote and on its consequences for the future of British politics. This volume examines the consequences of Brexit for the future of Europe and the European Union, adopting an explicitly regional and future-oriented perspective missing from many existing analyses. Drawing on the expertise of 28 leading scholars from a range of disciplines, Brexit and Beyond offers various different perspectives on the future of Europe, charting the likely effects of Brexit across a range of areas, including institutional relations, political economy, law and justice, foreign affairs, democratic governance, and the idea of Europe itself. Whilst the contributors offer divergent predictions for the future of Europe after Brexit, they share the same conviction that careful scholarly analysis is in need – now more than ever – if we are to understand what lies ahead for the EU. Praise for Brexit and Beyond 'a wide-ranging and thought-provoking tour through the vagaries of British exit, with the question of Europe’s fate never far from sight...Brexit is a wake-up call for the EU. How it responds is an open question—but respond it must. To better understand its options going forward you should turn to this book, which has also been made free online.' Prospect Magazine 'This book explores wonderfully well the bombshell of Brexit: is it a uniquely British phenomenon or part of a wider, existential crisis for the EU? As the tensions and complexities of the Brexit negotiations come to the fore, the collection of essays by leading scholars will prove a very valuable reference for their depth of analysis, their lucidity, and their outlining of future options.' - Kevin Featherstone, Head of the LSE European Institute, London School of Economics 'Brexit and Beyond is a must read. It moves the ongoing debate about what Brexit actually means to a whole new level. While many scholars to date have examined the reasons for the British decision to leave, the crucial question of what Brexit will mean for the future of the European project is often overlooked. No longer. Brexit and Beyond bundles the perspectives of leading scholars of European integration. By doing so, it provides a much needed scholarly guidepost for our understanding of the significance of Brexit, not only for the United Kingdom, but also for the future of the European continent.' - Catherine E. De Vries, Professor in the department of Government, University of Essex and Professor in the department of Political Science and Public Administration Free University Amsterdam 'Brexit and Beyond provides a fascinating (and comprehensive) analysis on the how and why the UK has found itself on the path to exiting the European Union. The talented cast of academic contributors is drawn from a wide variety of disciplines and areas of expertise and this provides a breadth and depth to the analysis of Brexit that is unrivalled. The volume also provides large amounts of expert-informed speculation on the future of both the EU and UK and which is both stimulating and anxiety-inducing.' -Professor Richard Whitman, Head of School, Professor of Politics and International Relations, Director of the Global Europe Centre, University of Kent

The Disqualification Triad

Gert Vermeulen,Wendy De Bondt,Charlotte Ryckman,Nina Peršak
The Disqualification Triad Book PDF

Author : Gert Vermeulen,Wendy De Bondt,Charlotte Ryckman,Nina Peršak
Publisher : Maklu
Page : 343 pages
File Size : 54,7 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)

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

Martyna Kusak
Mutual admissibility of evidence in criminal matters in the EU IRCP series vol 53 Book PDF

Author : Martyna Kusak
Publisher : Maklu
Page : 245 pages
File Size : 44,8 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.

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 : 44,9 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.

An Introduction to International Criminal Law and Procedure

Robert Cryer,Darryl Robinson,Sergey Vasiliev
An Introduction to International Criminal Law and Procedure Book PDF

Author : Robert Cryer,Darryl Robinson,Sergey Vasiliev
Publisher : Cambridge University Press
Page : 643 pages
File Size : 42,7 Mb
Release : 2019-08-15
Category : Law
ISBN : 9781108481922

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An Introduction to International Criminal Law and Procedure by Robert Cryer,Darryl Robinson,Sergey Vasiliev Pdf

A leading work in the field of international criminal law, which is accessible, comprehensive and up to date.

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 : 49,7 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.

European Criminal Justice and Policy

Marc Cools
European Criminal Justice and Policy Book PDF

Author : Marc Cools
Publisher : Maklu
Page : 232 pages
File Size : 50,6 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)

Legitimacy and Trust in Criminal Law, Policy and Justice

Nina Peršak
Legitimacy and Trust in Criminal Law Policy and Justice Book PDF

Author : Nina Peršak
Publisher : Routledge
Page : 204 pages
File Size : 40,7 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317105848

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Legitimacy and Trust in Criminal Law, Policy and Justice by Nina Peršak Pdf

Whereas previous studies of legitimacy and trust have mostly dealt with procedural justice and the police, this book focuses on other crucial understudied aspects of legitimacy within criminal law, policy and criminal justice. The chapters expand and develop current criminological, legal and socio-legal research by addressing conceptions of legitimacy linked to criminal law norms, criminalisation and sanctioning; by examining EU legal and policy aspects of the phenomenon; and by exploring some specific court-related issues of legitimacy and trust, hitherto neglected. With contributions from across the EU, this interdisciplinary collection presents a valuable discussion on the importance of trust in legal institutions of modern democracies and suggests ideas for future research in this area to challenge ways of thinking about legitimacy.

Liability of Legal Persons for Offences in the EU

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

Author : Gert Vermeulen,Wendy De Bondt,Charlotte Ryckman
Publisher : Maklu
Page : 203 pages
File Size : 41,6 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)

The Needed Balances in EU Criminal Law

Chloé Brière,Anne Weyembergh
The Needed Balances in EU Criminal Law Book PDF

Author : Chloé Brière,Anne Weyembergh
Publisher : Bloomsbury Publishing
Page : 698 pages
File Size : 54,7 Mb
Release : 2017-12-28
Category : Law
ISBN : 9781509917020

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The Needed Balances in EU Criminal Law by Chloé Brière,Anne Weyembergh Pdf

This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.

Defence Rights

Gert Vermeulen
Defence Rights Book PDF

Author : Gert Vermeulen
Publisher : Maklu
Page : 140 pages
File Size : 41,9 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.

Comparative Policing from a Legal Perspective

Monica den Boer
Comparative Policing from a Legal Perspective Book PDF

Author : Monica den Boer
Publisher : Edward Elgar Publishing
Page : 496 pages
File Size : 43,7 Mb
Release : 2024-07-02
Category : Law enforcement
ISBN : 9781785369117

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Comparative Policing from a Legal Perspective by Monica den Boer Pdf

Public police forces are a regular phenomenon in most jurisdictions around the world, yet their highly divergent legal context draws surprisingly little attention. Bringing together a wide range of police experts from all around the world, this book provides an overview of traditional and emerging fields of public policing, New material and findings are presented with an international-comparative perspective, it is a must-read for students of policing, security and law and professionals in related fields.

The European Public Prosecutor’s Office

L. H. Erkelens,A.W.H. Meij,M. Pawlik
The European Public Prosecutor s Office Book PDF

Author : L. H. Erkelens,A.W.H. Meij,M. Pawlik
Publisher : Springer
Page : 283 pages
File Size : 50,6 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.