Eu Criminal Policy Advances And Challenges
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Eu Criminal Policy Advances And Challenges
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Author : Gert Vermeulen
language : en
Publisher: Maklu
Release Date : 2022-11-01
Eu Criminal Policy Advances And Challenges written by Gert Vermeulen and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-01 with Law categories.
Until the end of the 1990s, EU integration in the area of criminal law centred primarily around the regional deepening of traditional judicial cooperation in criminal matters and the development of law enforcement cooperation (including the setting up of Europol as a support agency). By the end of the 1990s respectively 2000s, the EU also gained (limited) supranational competence in the areas of substantive respectively procedural criminal law. Both judicial and law enforcement cooperation were furthered over the years via the principles of mutual recognition respectively availability, and through the setting up (and development) of Eurojust, the establishment of a European Public Prosecutor’s Office and the further development of Europol. After three decennia, the EU criminal law corpus is impressive – a core component of the EU’s ‘Area of Freedom, Security and Justice’, building on and adding to (both real and presumed) trust between the Member States. No time for stand-still, though. Since 2020, the European Commission has launched a tsunami of new legislative proposals, including in the sphere of EU criminal law, strongly framed in its new EU Security Union Strategy. This special issue on ‘EU criminal policy. Advances and challenges’ discusses and assesses some of the newest developments, both in an overarching fashion and in focused papers, relating to key 2022 novelties for Europol (ie the competence to conduct AI-based pre-analysis in (big) data sets, and extended cooperation with private parties), the sensitive debate since 2020 on criminalising (LGBTIQ) hate speech and hate crime at EU level, the 2022 Cybersecurity Directive, the potential of the 2020 Conditionality Regulation to address rule of law issues undermining the trustworthiness of Member States when issuing European Arrest Warrants, and concerns about free speech limitation by the 2021 Terrorist Content Online Regulation.
Eu Criminal Justice And The Challenges Of Diversity
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Author : Renaud Colson
language : en
Publisher: Cambridge University Press
Release Date : 2016-09-29
Eu Criminal Justice And The Challenges Of Diversity written by Renaud Colson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-29 with Law categories.
The volume examines how diversity in Member States' legal cultures is being addressed in the development of EU criminal justice.
Transnational Evidence And Multicultural Inquiries In Europe
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Author : Stefano Ruggeri
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-12
Transnational Evidence And Multicultural Inquiries In Europe written by Stefano Ruggeri and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-12 with Law categories.
This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.
Eu Criminal Law And Justice
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Author : Maria Fletcher
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Eu Criminal Law And Justice written by Maria Fletcher and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
. . . 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.
Eu Criminal Law And Policy
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Author : Joanna Beata Banach-Gutierrez
language : en
Publisher:
Release Date : 2016
Eu Criminal Law And Policy written by Joanna Beata Banach-Gutierrez and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
EU criminal law as an emergent regime : editorial introduction / Joanna Beata Banach-Gutierrez and Christopher Harding -- Supranational integration in criminal matters within the European Union : what could the future bring? / Joanna Beata Banach-Gutierrez -- The effects of the civilizing process on penal developments in the European Union / Jaroslaw Utrat-Milecki -- EU criminal law : national boundaries and the European penal rainbow / Joanna Banach-Gutierrez and Christopher Harding -- Towards a principled European criminal policy : some lessons from the Nordic countries / Raimo Lahti -- The marginalization of European criminal law : proportionality, subsidiarity, and principled public policy priorities in protecting human life and rights / Hendrik Kaptein -- EU criminal law and effet utile : a critical examination of the Union's use of criminal law to achieve effective enforcement / Vanessa Franssen -- Tasks for criminology in the field of EU criminal law and crime policy / Christopher Harding -- Reflections on the prospects for regional criminal courts : Europe and Africa compared / Harmen van der Wilt -- The practice of plea bargaining in the Nordic context / Patrick Gunsberg -- The EU criminal intelligence model : problems and issues / Artur Gruszczak -- Victims as individuals with rights in the European Union : their protection and their legal standing / Begona Vidal Fernandez -- Exploring the impact of legal culture in shaping the role of the European public prosecutor : the prospects for penal moderation / Constantina Sampani -- Exploring the case for criminalisation of business cartels in Europe / Patrick Gunsberg -- The EU legislation on protection of financial markets against market manipulation and its implementation in Polish law / Anna Blachnio-Parzych -- Transposing EU framework decisions into the United Kingdom's criminal law : the trials and tribulations of a researcher / Jennifer Edwards.
Governance And Security Issues Of The European Union
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Author : Jaap de Zwaan
language : en
Publisher: Springer
Release Date : 2016-11-22
Governance And Security Issues Of The European Union written by Jaap de Zwaan and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-22 with Law categories.
This book provides a comprehensive coverage of crucial issues concerning EU co-operation and European security. At present, Europe is confronted with a number of serious common and global challenges, the most important being the economic crisis, migration issues, geopolitical tensions at its external borders, terrorism, climate change and environmental challenges. These developments have a huge impact on the stability and security of the continent as a whole and on each individual European country. Europe, more particularly the European Union, has to organize its governance and security infrastructure in such a way that it can cope with these global threats. This edited volume collects a number of topics and themes connected to the governance and/or security dimensions of EU co-operation. The book is divided into several parts, which deal respectively with the values and general principles of EU co-operation; institutional aspects of EU co-operation; a number of individual policy domains; areas of European criminal law; the external relations of the EU; and the future functioning of EU co-operation as a whole. The eighteen chapters, written by a team of experts with extensive practical and academic experience, contain insights and information valuable to researchers, students, practitioners and policy makers concerned with EU law and international law. About the editors Jaap de Zwaan is Lector European Integration at The Hague University of Applied Sciences, and Emeritus Professor of the European Union Law at Erasmus University Rotterdam. He served for nearly twenty years as a member of the Diplomatic Service of the Dutch Ministry of Foreign Affairs, where he worked notably in the domain of European integration. He was also the Director of the Netherlands Institute of International Relations Clingendael in The Hague for almost six years. Martijn Lak is a historian and a Lecturer and Researcher at the Department of European Studies of The Hague University of Applied Sciences. He studied Journalism and History at the University of Applied Sciences Utrecht, and obtained his Ph.D. in 2011. Martijn Lak specializes in post-war Dutch-German economic and political relations and contemporary German history. Abiola Makinwa is a Senior Researcher and Lecturer in commercial Law with a special focus on Anti-Corruption Law and Policy at The Hague University of Applied Sciences. Abiola Makinwa holds a Ph.D. from Erasmus University, Rotterdam. She is a frequent speaker on anti-corruption law and policy and has introduced Anti-Corruption Compliance as an undergraduate course at The Hague University. Piet Willems is a Lecturer in International and European Law at The Hague University of Applied Sciences, where he focuses on project-based learning, moot court coaching and competition law. His research activities focus on regulation in the European Union. He obtained both his Master’s degree and his LL.M. in European Law from Ghent University. -based learning, moot court coaching and competition law. His research activities focus on regulation in the European Union. He obtained both his Master’s degree and his LL.M. in European Law from Ghent University.
European Criminal Law
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Author : André Klip
language : en
Publisher:
Release Date : 2012
European Criminal Law written by André Klip and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Criminal law categories.
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.
Research Handbook On Law And Technology
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Author : Bartosz Brożek
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-12-11
Research Handbook On Law And Technology written by Bartosz Brożek and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-11 with Law categories.
This thorough and incisive Research Handbook reconstructs the scholarly discourses surrounding the field of law and technology, discussing the salient legal, governance and societal problems stemming from the use of different technologies, and how they should be treated under various legal frameworks. This title contains one or more Open Access chapters.
Forced Mobility Of Eu Citizens
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Author : José A. Brandariz
language : en
Publisher: Taylor & Francis
Release Date : 2023-06-29
Forced Mobility Of Eu Citizens written by José A. Brandariz and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-29 with Law categories.
Forced Mobility of EU Citizens is a critical evaluation from an empirical perspective of existing practices of the use of transnational criminal justice instruments within the European Union. Such instruments include the European Arrest Warrant (EAW), prisoner transfer procedures and criminal law-related deportations. The voices and experiences of people transferred across internal borders of the European Union are brought to the fore in this book. Another area explored is the scope and value of EU citizenship rights in light of cooperation not just between judicial authorities of EU Member States, but criminal justice systems in general, including penitentiary institutions. The novelty of the book lays not only in the fact that it brings to the fore a topic that so far has been under-researched, but it also brings together academics and studies from different parts of Europe – from the west (i.e. the expelling countries) and the east (the receiving countries, with a special focus on two of the jurisdictions most affected by these processes – Poland and Romania). It therefore exposes processes that have so far been hidden, shows the links between sending and receiving countries, and elaborates on the harms caused by those instruments and the very idea of ‘justice’ behind them. This book also introduces a new element to deportation studies as it links to them the institution of the European Arrest Warrant and EU law transfers targeting prisoners and sentenced individuals. With a combination of legal, criminological, and sociological perspectives, this book will be of great interest to scholars and students with an interest in EU law, criminal law, transnational criminal justice, migration/immigration, and citizenship. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution 4.0 International license and funded by Polish Academy of Sciences, Institute of Law Studies.
Eu Criminal Law
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Author : Valsamis Mitsilegas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-03-16
Eu Criminal Law written by Valsamis Mitsilegas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-16 with Law categories.
EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.