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Ne Bis In Idem And Multiple Sanctioning Systems


Ne Bis In Idem And Multiple Sanctioning Systems
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Ne Bis In Idem And Multiple Sanctioning Systems


Ne Bis In Idem And Multiple Sanctioning Systems
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Author : Javier Ignacio Escobar Veas
language : en
Publisher: Springer Nature
Release Date : 2023-01-23

Ne Bis In Idem And Multiple Sanctioning Systems written by Javier Ignacio Escobar Veas and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-23 with Law categories.


The aim of the book is to resolve the question of whether multiple sanctioning systems are contrary to the ne bis in idem under the regulation provided by Protocol 7 to the ECHR and the EU Charter of Fundamental Rights. The first part is a comparative study regarding the lawfulness of multiple sanctioning systems under the ne bis in idem, studying the evolution and the current state of the case law of the United States Supreme Court, the Canadian Supreme Court, the European Court of Human Rights (ECtHR), and the Court of Justice of the European Union (CJEU). The second part of the book critically analyses three problems with the case law of the ECtHR and the CJEU. Part three deals with reconceptualizing the prohibition of multiple punishment and the prohibition of multiple prosecutions. Finally, the fourth part addresses other possible protections against multiple sanctioning systems. Two other safeguards that limit multiple sanctioning systems are the prohibition of disproportionate sanctions and the right to be tried within a reasonable time.



The Principle Of Ne Bis In Idem In International Criminal Law


The Principle Of Ne Bis In Idem In International Criminal Law
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Author : Gaiane Nuridzhanian
language : en
Publisher:
Release Date : 2024

The Principle Of Ne Bis In Idem In International Criminal Law written by Gaiane Nuridzhanian and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Law categories.


"The legal principle of ne bis in idem proclaims that no person shall be tried twice for the same matter. This principle is important in theory and practice, as it safeguards a fundamental individual interest and spares the accused the burden of a repeat trial. This book provides a comprehensive examination of the ne bis in idem principle in international criminal law. Readers will find a detailed account of ne bis in idem rules in the law and practice of the International Criminal Court and other international criminal courts. The book also examines international law ne bis in idem rules that govern the domestic prosecution of international crimes. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of International Criminal Law and International Human Rights law. It will be of particular use to those interested in defense rights, admissibility of cases before international criminal courts, and issues arising from prosecution of international crimes in multiple criminal jurisdictions"--



The Principle Of Ne Bis In Idem In International Criminal Law


The Principle Of Ne Bis In Idem In International Criminal Law
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Author : Gaiane Nuridzhanian
language : en
Publisher: Taylor & Francis
Release Date : 2024-06-14

The Principle Of Ne Bis In Idem In International Criminal Law written by Gaiane Nuridzhanian and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-14 with Law categories.


The legal principle of ne bis in idem proclaims that no person shall be tried twice for the same matter. This principle is important in theory and practice, as it safeguards a fundamental individual interest and spares the accused the burden of a repeat trial. This book provides a comprehensive examination of the ne bis in idem principle in international criminal law. Readers will find a detailed account of ne bis in idem rules in the law and practice of the International Criminal Court and other international criminal courts. The book also examines international law ne bis in idem rules that govern the domestic prosecution of international crimes. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of International Criminal Law and International Human Rights law. It will be of particular use to those interested in defense rights, admissibility of cases before international criminal courts, and issues arising from prosecution of international crimes in multiple criminal jurisdictions.



Ne Bis In Idem In Eu Law


Ne Bis In Idem In Eu Law
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Author : Bas van Bockel
language : en
Publisher: Cambridge University Press
Release Date : 2016-11-10

Ne Bis In Idem In Eu Law written by Bas van Bockel 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 2016-11-10 with Law categories.


This study, written by distinguished scholars in their respective fields, addresses the application and interpretation of the ne bis in idem principle in EU law.



Eu Law Enforcement


Eu Law Enforcement
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Author : Stefano Montaldo
language : en
Publisher: Taylor & Francis
Release Date : 2021-02-22

Eu Law Enforcement written by Stefano Montaldo and has been published by Taylor & Francis 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.



Connecting Expertise Multidisciplinary Development For The Future


Connecting Expertise Multidisciplinary Development For The Future
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Author : Seven Publicações
language : en
Publisher: Seven Editora
Release Date :

Connecting Expertise Multidisciplinary Development For The Future written by Seven Publicações and has been published by Seven Editora this book supported file pdf, txt, epub, kindle and other format this book has been release on with Antiques & Collectibles categories.




Criminal And Quasi Criminal Enforcement Mechanisms In Europe


Criminal And Quasi Criminal Enforcement Mechanisms In Europe
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Author : Vanessa Franssen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-24

Criminal And Quasi Criminal Enforcement Mechanisms In Europe written by Vanessa Franssen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.


This book looks at the interplay between criminal and other branches of public law pursuing similar objectives (referred to as 'quasi-criminal law'). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike.



Banking Supervision And Criminal Investigation


Banking Supervision And Criminal Investigation
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Author : Giulia Lasagni
language : en
Publisher: Springer Nature
Release Date : 2019-08-22

Banking Supervision And Criminal Investigation written by Giulia Lasagni and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-22 with Law categories.


In the aftermath of the last financial crisis, on both sides of the Atlantic banking supervisors were given new supervisory and enforcement powers, which are often of a substantially punitive-criminal nature. In Europe in particular, the establishment of the Single Supervisory Mechanism within the European Central Bank substantially increased centralised investigatory and sanctioning powers. This major innovation, together with the development of forms of real-time monitoring of banking (often digital) records, challenges traditional banking criminal investigations in their national-based and analogue dimension.The book offers a comprehensive account and perspective analysis of the interactions between the criminal and administrative nature of such new powers, highlighting their “punitive” overall nature and their impact on fundamental rights. Covering both the US and the EU regulatory frameworks, it presents unprecedented, trans-systemic research between criminal law and procedure, and between regulatory and administrative law, at the international, European and national level.The book also includes a rich and detailed selection of case law from the US and the European supreme courts, with a specific focus on CJEU and ECtHR decisions.



European Competition Law Annual 2013


European Competition Law Annual 2013
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Author : Philip Lowe
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-04-21

European Competition Law Annual 2013 written by Philip Lowe and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-21 with Law categories.


This volume contains papers presented at the 18th Annual EU Competition Law and Policy Workshop. The papers examine means of balancing effective (public) competition law enforcement and the requirements of legitimate and accountable exercise of public authority. The authors address the design and performance of various enforcement tools at European and national levels, including sanctions and remedies but also distinctive instruments under Regulation 1/2003 (eg commitment procedures) and under the Treaty on the Functioning of the European Union (Article 106(3) when used as a basis for infringement procedures). From the perspective of legitimacy, reflections focus on the implications of fundamental rights standards and general principles of law for the EU's complex and quasi-federal enforcement architecture. Issues that may sometimes escape judicial scrutiny are also discussed, such as how agencies prioritise their activities, and how investigation responsibilities are distributed within the European Competition Network. Effectiveness and legitimacy are then considered in the context of public enforcement cooperation beyond the EU, where international organisations, regional cooperation and a range of formal and informal modes of governance prevail.



The Enforcement Dimension Of The Single Supervisory Mechanism


The Enforcement Dimension Of The Single Supervisory Mechanism
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Author : SILVIA ALLEGREZZA
language : en
Publisher: CEDAM
Release Date : 2020-09-14

The Enforcement Dimension Of The Single Supervisory Mechanism written by SILVIA ALLEGREZZA and has been published by CEDAM this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-14 with Law categories.


This book explores the sheer complexity of the SSM’s institutional design adopting an comprehensive approach to banking supervision. At its core, this work examines the tangible mechanisms of prudential regulation or supervision both at the European and national levels, offering a comparative analysis of ten national systems. Reflecting the results of an intensive, four-year research project that saw the collaboration of academics and practitioners, it addresses two interrelated issues. It investigates the efficacy of the shared national- and EU-level enforcement system the EU introduced in reaction to the financial and banking crisis.Secondly, it scrutinizes the role that criminal law can play in sanctioning the breaches to banking regulation.