Liability Of Legal Persons For Offences In The Eu
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Liability Of Legal Persons For Offences In The Eu
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Author : Gert Vermeulen
language : en
Publisher: Maklu
Release Date : 2012
Liability Of Legal Persons For Offences In The Eu 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 2012 with Law categories.
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)
Criminal Liability Of Legal Persons In Eu Countries
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Author : Pavel Nikolaevich Biri︠u︡kov
language : en
Publisher:
Release Date : 2015
Criminal Liability Of Legal Persons In Eu Countries written by Pavel Nikolaevich Biri︠u︡kov and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
European Developments In Corporate Criminal Liability
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Author : James Gobert
language : en
Publisher: Taylor & Francis
Release Date : 2011-06-10
European Developments In Corporate Criminal Liability written by James Gobert and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-10 with Law categories.
When corporations carry on their business in a grossly negligent manner, or take a cavalier approach to risk management, the consequences can be catastrophic. The harm may be financial, as occurred when such well-regarded companies as Enron, Lehman Brothers, Worldcom and Barings collapsed, or it may be environmental, as illustrated most recently by the Gulf oil spill. Sometimes deaths and serious injuries on a mass scale occur, as in the Bhopal gas disaster, the Chernobyl nuclear explosion, the Paris crash of the Concorde, the capsize of the Herald of Free Enterprise, and rail crashes at Southall, Paddington and Hatfield in England.What role can the law play in preventing such debacles and in punishing the corporate offenders? This collection of thematic papers and European country reports addresses these questions at both a theoretical and empirical level. The thematic papers analyse corporate criminal liability from a range of academic disciplines, including law, sociology/criminology, economics, philosophy and environmental studies, whilst the country reports look at the laws of corporate crime throughout Europe, highlighting both common features and irreconcilable differences between the various jurisdictions.
European Criminal Justice And Policy
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Author : Marc Cools
language : en
Publisher: Maklu
Release Date : 2012
European Criminal Justice And Policy written by Marc Cools and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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)
Liability Of Enterprises For Offences
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Author : Council of Europe. Committee of Ministers
language : en
Publisher:
Release Date : 1990
Liability Of Enterprises For Offences written by Council of Europe. Committee of Ministers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Law categories.
Organized Crime Legislation In The European Union
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Author : Francesco Calderoni
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-03-19
Organized Crime Legislation In The European Union written by Francesco Calderoni 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 2010-03-19 with Law categories.
Just a few months after the entry into force of the EU Framework Decision on the fight against organized crime, this book provides an unprecedented analysis of the national and European legislation on organized crime. The book provides a critical examination of the European policies and legal instruments to promote the harmonization and approximation of criminal law in this field (including the United Nations Convention on Transnational Organized Crime). The current level of harmonization among EU Member States and the approximation to the standards of the new Framework Decision are discussed in detail, with the help of tables, graphs and maps. The results highlight the problems surrounding the international legal instruments and the inconsistencies of the national approaches to combating organized crime.
Current Issues In European Criminal Law And The Protection Of Eu Financial Interests
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Author : Zlata Đurđević
language : de
Publisher:
Release Date : 2006
Current Issues In European Criminal Law And The Protection Of Eu Financial Interests written by Zlata Đurđević and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Commercial crimes categories.
Rethinking International Cooperation In Criminal Matters In The Eu
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Author : Gert Vermeulen
language : en
Publisher: Maklu
Release Date : 2012
Rethinking International Cooperation In Criminal Matters In The Eu 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 2012 with Law categories.
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)
Laws Of The European Union Direct Effect Indirect Effect And State Liability
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Author : Ogochukwu C. Nweke
language : en
Publisher: GRIN Verlag
Release Date : 2021-01-28
Laws Of The European Union Direct Effect Indirect Effect And State Liability written by Ogochukwu C. Nweke and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-28 with Law categories.
Essay from the year 2020 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: This document discusses how the Court of Justice of the European Union has over the years adopted and used the Direct effect, Indirect effect and State liability principles to make the EU Laws more effective, both in terms of interpretation and application, especially with regards to EU Directives. The Court of Justice of the European Union (CJEU) whose composition and functions were enunciated in Section 5 of the Treaty on the Functioning of the European Union (TFEU) 2008, was established in 1952, with the aim of interpreting the Laws of the European Union, making sure that the application of these laws are uniform and consistent in all EU countries. The CJEU also “settles legal disputes between national governments and EU institutions.” The CJEU is divided into two courts. It gives rulings on cases brought before it and in doing so, it is required to give preliminary rulings in its capacity to interpret the laws (among other capacities) "to ensure EU law is properly applied, but courts in different countries might interpret it differently. If a national court is in doubt about the interpretation or validity of an EU law, it can ask the Court for clarification. The same mechanism can be used to determine whether a national law or practice is compatible with EU law."
Environmental Crime In Europe
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Author : Andrew Farmer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-12-14
Environmental Crime In Europe written by Andrew Farmer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-14 with Law categories.
"Environmental crime is a growing challenge for policy makers and law enforcers. This is an important and timely study which examines in depth how environmental crime is treated at national level within the European Union and the impact of the 2008 EU Directive on environmental crime on national systems. It will be required reading by anyone concerned with making environmental law more effective." Richard Macrory, Emeritus Professor, University College London The aim of this important new collection is to explore how environmental crime is controlled and environmental criminal law is shaped and implemented within the European Union and its Member States. It examines the legal framework, looking in particular at Directive 2008/99/EC, and the specific competences of the EU in this domain. In addition, it provides a detailed analysis of environmental criminal law in seven Member States, focusing inter alia on the basic legislation, the way in which environmental pollution is criminalised and the main actors in place to enforce environmental criminal law. In so doing, it provides a much needed explanation of the evolution of environmental criminal law in Europe at Union level and how this is implemented in selected Member States.