Law Enforcement By Eu Authorities
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Law Enforcement By Eu Authorities
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Author : Miroslava Scholten
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-11-24
Law Enforcement By Eu Authorities written by Miroslava Scholten 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 2017-11-24 with SOCIAL SCIENCE categories.
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.
Research Handbook On The Enforcement Of Eu Law
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Author : Miroslava Scholten
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-09-28
Research Handbook On The Enforcement Of Eu Law written by Miroslava Scholten 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 2023-09-28 with categories.
This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms. Bringing together leading experts from law, political science, economics and socio-legal studies, this Research Handbook provides a state-of-the-art analysis of EU enforcement laws, policies, and scholarship. It presents conceptual, institutional, and sectoral perspectives on EU law enforcement, advancing existing knowledge on why, when, and how laws are being followed or disobeyed. Contributors explore enforcement in specific EU policy areas, including foreign relations, economic policy, the internal market, competitiveness, and citizen rights. It argues that an overarching EU enforcement strategy would be more successful than the current model of diverse methods of enforcement in different policy areas. Employing multi-dimensional and comparative approaches, the Research Handbook on the Enforcement of EU Law will be a valuable resource for scholars of European law and politics, public administration, governance, and compliance. It will also be a useful guide for public officials seeking to (re)design and assess effective and enforceable policies.
Eu Enforcement Authorities
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Author : Katalin Ligeti
language : en
Publisher:
Release Date : 2023
Eu Enforcement Authorities written by Katalin Ligeti and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Electronic books categories.
EU enforcement agencies are on the rise, entrusted with investigating breaches of EU law. What are the implications for legal practice of their increasing prominence? This books explores this pertinent question from a comparative perspective. Looking at issues of accountability and legitimacy, it sets out the perimeters on the agencies. Moving beyond the constitutional realm, it examines procedural questions such as admissibility of evidence. Given the very real implications of the agencies' investigations, this book will appeal to practitioners and scholars, in fields from criminal law to competition and banking law.
Eu Law Enforcement
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Author : Stefano Montaldo
language : en
Publisher: Routledge
Release Date : 2021-02-22
Eu Law Enforcement written by Stefano Montaldo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-22 with Law categories.
The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.
Access To Electronic Data By Third Country Law Enforcement Authorities
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Author : Gloria González Fuster
language : en
Publisher:
Release Date : 2016-07
Access To Electronic Data By Third Country Law Enforcement Authorities written by Gloria González Fuster and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07 with Law categories.
This study examines the challenges to European law posed by third-country access to data held by private companies for purposes of law-enforcement investigations in criminal proceedings. The proliferation of electronic communications is putting cloud-computing companies under severe strain from multiple demands from the authorities to acquire access to such data. A key challenge for the EU emerges when third-country authorities request access to data held by private companies under EU jurisdiction outside pre-established channels of cooperation, in particular outside Mutual Legal Assistance (MLA) treaties. The EU concluded an MLA agreement with the United States in 2003, which sets the rules and procedures for lawful and legitimate access to evidence. A key distinguishing feature of the MLA-led process is that any request for access to data is "mediated" by or requires the consent of the state authority to whom the request is submitted as well as scrutiny by an independent judicial authority. Special focus is given to practical issues emerging in EU-US relations covering mutual legal assistance and evidence-gathering for law enforcement purposes in criminal proceedings. The fundamental question guiding this enquiry is how best to ensure that the rule of law and trust-based methods are respected in these proceedings. The authors carried out a detailed survey of the main EU legal instruments and their standards, underlining their direct relevance for assessing the lawfulness and legitimacy of access to data. They then outline three possible scenarios for the future and put forward a set of policy recommendations for addressing these challenges.
Availability Of Law Enforcement Information In The European Union
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Author : Gert Vermeulen
language : en
Publisher: Maklu
Release Date : 2005
Availability Of Law Enforcement Information In The European Union 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 2005 with European cooperation categories.
This book presents the results of a study on the availability of law enforcement information in the EU, conducted for the European Commission. In order to strengthen the area of freedom, security and justice, the November 2004 Hague Programme called for an innovative approach towards cross-borderexchange of law enforcement relevant information. The principle introduced in this respect is that of availability of such information for law enforcement services throughout the EU, rendering the border-crossing of it largely irrelevant. The book contains two proposals. The first seeks to improve the cross-border exchange of law enforcement relevant information through the introduction of the principle of mutual recognition of 'pre-evidence warrants' as a primary way for implementing the availability concept. The second proposal offers a blueprint for a European Law Enforcement Services Index System (ELESIS), as an indispensable tool for supporting the availability of law enforcement relevant information throughout the EU. Both proposals take due account of extensive feedback received from experts involved in cross-border exchange of law enforcement information as well as from civil liberties organisations and data protection specialists. In addition, the responses of member states to relevant official questionnaires were collected and included. This book is essential reading for policy makers, judicial and law enforcement authorities throughout the European Union or from a broader international context. It will be appealing also to researchers and anyone involved or taking an interest in combating (cross-border) crime at a European or international level.
The Eu Law Enforcement Directive Led
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-01-05
The Eu Law Enforcement Directive Led written by 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 2024-01-05 with Law categories.
The Law Enforcement Directive 2016/680 (LED) is the first legal instrument in the EU which comprehensively regulates the use of personal data by law enforcement authorities, creating a minimum standard of privacy protection across the EU. Together with the General Data Protection Regulation (GDPR), it stands at the heart of the legal reform of the EU's data protection law. Although it was adopted at the same time as the GDPR, the LED has not received the same scholarly attention, despite its significant impact and controversial implementation in Member States. The EU Law Enforcement Directive (LED): A Commentary addresses this by providing an article-by-article commentary on the Directive. Drawing on the expertise of leading scholars, regulators, and practitioners in the EU data protection field, it offers a detailed analysis of its legal provisions, drawing on relevant case law and scholarship to illuminate the key aspects and intricacies of each provision. It analyses national transpositions of the LED while taking into account the GDPR and the regulations on the processing of personal data by EU institutions, bodies, offices and agencies. For further context, it includes introductory chapters on the background and evolution of the Directive, the Council of Europe, and the impact of Brexit on the LED. This comprehensive volume is an excellent resource for anyone seeking authoritative guidance on the application and interpretation of LED provisions, especially judges, legal practitioners, prosecutors, competent authorities, and academics.
Data Protection In Eu And Us Criminal Cooperation
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Author : Els de Busser
language : en
Publisher: Maklu
Release Date : 2009
Data Protection In Eu And Us Criminal Cooperation written by Els de Busser and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Computers categories.
The research in this doctoral thesis examines the protection of personal data in two relationships: between judicial and law enforcement authorities of the EU Member States (including Europol and Eurojust) on the one hand and the US on the other hand. The book provides answers to the central question as to whether the EU complies with her own standards of data protection in these internal relations, as well as in the transatlantic cooperation in criminal matters. The new framework decision on data protection in criminal matters that entered into force in early 2009 is a significant element in this study, alongside the agreement concluded between the EU and the US on the mutual assistance in criminal matters of which the entry into force is equally planned for 2009. The book also reflects on the policy proposals of the EU on justice and home affairs for the period of 2010-2014. [Siracusa Prizewinner - This book was awarded the 2014 Siracusa Prize of the International Association of Penal Law (AIDP-IAPL), Paris. The 2014 Siracusa Prize is delivered on the occasion of the XIXth International Congress of Penal Law, Rio de Janeiro Paris.]
Global Data Protection In The Field Of Law Enforcement
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Author : Cristina Blasi Casagran
language : en
Publisher: Routledge
Release Date : 2016-06-10
Global Data Protection In The Field Of Law Enforcement written by Cristina Blasi Casagran and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-10 with Law categories.
This study examines a key aspect of regulatory policy in the field of data protection, namely the frameworks governing the sharing of data for law enforcement purposes, both within the EU and between the EU and the US and other third party countries. The work features a thorough analysis of the main data-sharing instruments that have been used by law enforcement agencies and the intelligence services in the EU and in the US between 2001 to 2015. The study also explores the challenges to data protection which the current frameworks create, and explores the possible responses to those challenges at both EU and global levels. In offering a full overview of the current EU data-sharing instruments and their data protection rules, this book will be of significant benefit to scholars and policymakers working in areas related to privacy, data protection, national security and EU external relations.
Essential Texts On International And European Criminal Law 12th Revised Edition
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Author : Gert Vermeulen
language : en
Publisher: Gompel&Svacina
Release Date : 2023-12-22
Essential Texts On International And European Criminal Law 12th Revised Edition written by Gert Vermeulen and has been published by Gompel&Svacina this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-22 with Law categories.
This book comprises the principal multilateral legal instruments on international and European criminal law, with a special institutional focus on Europol, Eurojust and the European Public Prosecutor’s Office, a substantive focus on international, organised and serious crime, including terrorism, and a focus on procedural rights approximation. Given the relevance thereof for international information exchange in criminal matters, relevant data protection instruments have also been included in the selection. The texts have been ordered according to the corresponding multilateral co-operation level: either Prüm, the European Union (comprising Schengen-related texts), the Council of Europe or the United Nations. This edition provides students as well as practitioners (judicial and law enforcement authorities, lawyers, researchers, …) throughout Europe with an accurate and up-to-date edition of essential texts on international and European criminal law. All texts have been updated until 8 December 2023.