Handbook On The European Arrest Warrant
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Handbook On The European Arrest Warrant
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Author : Rob Blekxtoon
language : en
Publisher: T.M.C. Asser Press
Release Date : 2004-11-25
Handbook On The European Arrest Warrant written by Rob Blekxtoon and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11-25 with Law categories.
On 13 June 2002 the Framework Decision on the European Arrest Warrant and Surrender Procedures between Member States of the European Union (EAW) was adopted by the Council of the European Union. The Framework Decision must be implemented by all current and future members of the European Union in their respective legal systems. This handbook offers an introduction to the EAW, its origin and its implications. It sets out the history of extradition as a legal system and compares the EAW with the old system. It includes the full text of the EAW with commentaries per paragraph. Attention is paid to procedural rules as well as to special issues, such as the principles of reciprocity and mutual trust, ne bis in idem, verdicts in absentia and the double criminality rule. The relation of EAW with other relevant legal instruments, including those concerning human rights and procedural safeguards, is also covered.
Handbook On The European Arrest Warrant
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Author : Rob Blekxtoon
language : en
Publisher: T.M.C. Asser Press
Release Date : 2005
Handbook On The European Arrest Warrant written by Rob Blekxtoon and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
With a Preface by António Vitorino, Member of the European Commission responsible for Justice and Home Affairs. On 13 June 2002 the Framework Decision on the European Arrest Warrant and Surrender Procedures between Members States of the European Union (EAW) was adopted by the Council of the European Union. The Framework Decision is to be implemented by all current and future members of the European Union in their respective legal systems. The new surrender regime replaces the system of extradition between the Member States. The present Handbook offers an introduction to the EAW, its origin and its implications. The book sets out on the history of extradition as a legal system and compares the EAW with the old system. It includes the full text of the EAW with commentaries per paragraph. Attention is paid to procedural rules as well as to special issues, such as the principles of reciprocity and mutual trust, ne bis in idem, verdicts in absentia and the double criminality rule. The relation of the EAW with other relevant legal instruments, including those concerning human rights and procedural safeguards, is also covered. A keyword index enhances the accessibility of the book. The Handbook on the European Arrest Warrant is written by legal experts – practitioners and academics – for government officials, judges and public prosecutors, legal practitioners, academics and everyone else involved in the implementation of the EAW on the national level. Judge Rob Blekxtoon was Presiding Judge of the Extradition Division of the Amsterdam District Court for more than eighteen years and was charged with establishing the Surrender Division of that Court, which is designated to handle all surrender cases in the Netherlands.
Research Handbook On Eu Criminal Law
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Author : Valsamis Mitsilegas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-03-25
Research Handbook On Eu Criminal Law written by Valsamis Mitsilegas 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 2016-03-25 with Law categories.
EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work
European Arrest Warrant
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Author : Renata Barbosa
language : en
Publisher:
Release Date : 2022-04-18
European Arrest Warrant written by Renata Barbosa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-18 with Arrest categories.
What practical problems are at stake in current EAW surrender proceedings? The research project Improving Mutual Recognition of European Arrest Warrants through Common Practical Guidelines of which the three country reports for Greece, the Netherlands and Poland are now published, is a follow-up of an earlier project that led to the publication of The European Arrest Warrant and In Absentia Judgments, Maastricht Law Series No.12 InAbsentiEAW. This project is broader than in absentia alone and looks at various other aspects of the EAW surrender procedure that are problematic in practice. It also goes more into detail as it aims to present an alternative to the outdated Handbook for the European Arrest Warrant. This publication will be followed by a final report containing these Common Practical Guidelines. The current volume contains the country reports for Greece, the Netherlands and Poland as these countries offer a representative and interesting intersection of situations in daily practice when it comes to creating, fighting and solving problems on the EAW ImprovEAW. About the Maastricht Law Series: Created in 2018 by Boom juridisch and Eleven International Publishing in association with the Maastricht University Faculty of Law, the Maastricht Law Series publishes books on comparative, European and International law. The series builds upon the tradition of excellence in research at the Maastricht Faculty of Law, its research centers and the Ius Commune Research School. The Maastricht Law Series is a peer reviewed book series thatallows researchers an excellent opportunity to showcase their work.
Handbook Of European Criminal Procedure
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Author : Roberto E. Kostoris
language : en
Publisher: Springer
Release Date : 2018-04-12
Handbook Of European Criminal Procedure written by Roberto E. Kostoris and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-12 with Law categories.
This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor’s Office.
Research Handbook On Eu Law And Human Rights
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Author : Sionaidh Douglas-Scott
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-07-21
Research Handbook On Eu Law And Human Rights written by Sionaidh Douglas-Scott 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 2017-07-21 with categories.
The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.
European Arrest Warrant
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Author : Libor Klimek
language : en
Publisher: Springer
Release Date : 2014-09-23
European Arrest Warrant written by Libor Klimek and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-23 with Law categories.
This book examines the European arrest warrant as a successful and effective instrument for judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding the European arrest warrant. The book analyses its genesis, main features, surrender procedure, case law, implementation and the latest developments. Instead of focusing solely on a criminal law approach, it also considers the subject from the perspective of European Union law and constitutional law.
Guidelines For Deciding On Competing Requests For Surrender And Extradition
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Author :
language : en
Publisher:
Release Date : 2019
Guidelines For Deciding On Competing Requests For Surrender And Extradition written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
Article 16 of the Council Framework Decision on the European arrest warrant and the surrender procedure between Member States (EAW FD, 2002/584/JHA) regulates the decision-making process for the competent authority of the executing Member State that receives multiple requests for surrender/extradition of the same person. It covers both the situation of multiple European arrest warrants (EAWs) (Article 16(1) EAW FD) and the situation of conflicts between an EAW and a request for extradition presented by a third country (Article 16(3) EAW FD). To support the decision-making process in the event of multiple EAWs, Eurojust published guidelines for deciding on Competing EAWs in its 2004 annual report. Since their publication, these guidelines have assisted the competent national executing authorities in taking informed decisions on competing requests for surrender/extradition. Eurojust has also regularly referred to these published guidelines when providing guidance to national authorities on this matter. The guidelines distinguish different scenarios and suggest factors that must be given due consideration before the executing authority takes a decision on which of the requests it shall execute. The guidelines include the factors mentioned in Article 16 EAW FD, but complement and develop these factors further in light of different scenarios. Over the past 15 years EU law has significantly evolved in the area of freedom, security and justice, including following developments in the case-law of the Court of Justice of the European Union (CJEU). Moreover, in 2017, the European Commission published its Handbook on how to issue and execute a European arrest warrant (1), which also addresses the scenario of multiple EAWs and/or extradition requests concerning the same person. Eurojust has also acquired valuable operational experience in the context of competing requests for surrender/extradition. Against this background and with the aim of ensuring effective and full support to practitioners, Eurojust publishes herewith a revised version of the guidelines. The revised guidelines enlarge the scope of the original guidelines by including scenarios not only for Article 16(1) but also for Article 16(3). Moreover, these revised guidelines further develop the factors to be used in the decision-making process. They also address coordination and follow-up measures that could be relevant before and after the executing authority decides on which of the requests it will execute. The guidelines are a flexible tool to guide and remind the competent authorities of the factors they can consider when deciding which request to execute. They provide a shared starting point in view of reaching an informed decision. The guidelines do not constitute binding rules and are without prejudice to applicable, national, EU and international law.
The Oxford Handbook Of Criminal Process
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Author : Darryl K. Brown
language : en
Publisher: Oxford University Press
Release Date : 2019-02-22
The Oxford Handbook Of Criminal Process written by Darryl K. Brown and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-22 with Law categories.
The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
Improving The European Arrest Warrant
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Author : André Klip
language : en
Publisher:
Release Date : 2022-12-05
Improving The European Arrest Warrant 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 2022-12-05 with Arrest categories.
The ImprovEAW-project concerns European Arrest Warrant proceedings in seven Member States (Belgium, Greece, Hungary, Ireland, the Netherlands, Poland and Romania). Maastricht Law Series No. 23 contains the country reports for Greece, the Netherlands and Poland. ImprovEAW is a follow up to an earlier project that focused on In Absentia Judgments (Maastricht Law Series No. 12). This book looks at various other aspects of the EAW surrender procedure that are problematic in practice, such as the information to be provided in the European arrest warrant, the status of the issuing authority and differences in implementation in the Member States. It also goes more into detail as it aims to present an alternative to the European Commission's outdated Handbook on how to issue and execute a European arrest warrant. This study ends with a proposal to create a procedure that complies with the demands of a dual level of protection, which takes place after arrest of the requested person in the executing Member State. The present research report is completed with a hands-on set of Common Practical Guidelines on issuing and executing EAWs for practitioners.