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The Principle Of Mutual Trust In Eu Criminal Law


The Principle Of Mutual Trust In Eu Criminal Law
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The Principle Of Mutual Trust In Eu Criminal Law


The Principle Of Mutual Trust In Eu Criminal Law
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Author : Auke Willems
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-11

The Principle Of Mutual Trust In Eu Criminal Law written by Auke Willems and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-11 with Law categories.


This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.



The Principle Of Mutual Trust In Eu Criminal Law


The Principle Of Mutual Trust In Eu Criminal Law
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Author : Auke Willems
language : en
Publisher: Hart Publishing
Release Date : 2020

The Principle Of Mutual Trust In Eu Criminal Law written by Auke Willems and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Arrest categories.


"This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law"--



The Principle Of Mutual Recognition In Eu Law


The Principle Of Mutual Recognition In Eu Law
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Author : Christine Janssens
language : en
Publisher: OUP Oxford
Release Date : 2013-10-31

The Principle Of Mutual Recognition In Eu Law written by Christine Janssens and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-31 with Law categories.


Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.



Defending Checks And Balances In Eu Member States


Defending Checks And Balances In Eu Member States
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Author :
language : en
Publisher:
Release Date : 2021

Defending Checks And Balances In Eu Member States written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Electronic books categories.


This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.



Eu Criminal Law And Justice


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.



Fundamental Rights And Mutual Trust In The Area Of Freedom Security And Justice


Fundamental Rights And Mutual Trust In The Area Of Freedom Security And Justice
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Author : Ermioni Xanthopoulou
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-30

Fundamental Rights And Mutual Trust In The Area Of Freedom Security And Justice written by Ermioni Xanthopoulou and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-30 with Law categories.


Based on author's thesis (doctoral - King's College London, 2017) issued under title: Proportionality and mutual trust in the Area of Freedom, Security and Justice.



Human Rights In European Criminal Law


Human Rights In European Criminal Law
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Author : Stefano Ruggeri
language : en
Publisher: Springer
Release Date : 2015-01-02

Human Rights In European Criminal Law written by Stefano Ruggeri and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-02 with Law categories.


This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.



Research Handbook On Eu Criminal Law


Research Handbook On Eu Criminal Law
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Author : Valsamis Mitsilegas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-12-09

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 2024-12-09 with Law categories.


This thoroughly revised second edition provides an advanced analysis of EU criminal law as a structurally and constitutionally distinct policy area and field of research. EU criminal law is one of the fastest evolving and most challenging fields of law and this Research Handbook contains new and substantially updated chapters to assess recent legislative developments and CJEU case law.



The Needed Balances In Eu Criminal Law


The Needed Balances In Eu Criminal Law
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Author : Chloé Brière
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-12-28

The Needed Balances In Eu Criminal Law written by Chloé Brière and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-28 with Law categories.


This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.



Eu Criminal Law


Eu Criminal Law
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Author : Valsamis Mitsilegas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-05-05

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 2022-05-05 with Law categories.


This is the second edition of EU Criminal Law, which has become since its publication in 2009 a key point of reference in the field. The second edition is updated and substantially expanded, to take into account the significant growth of EU criminal law as a distinct legal field and the impact of the entry into force of the Lisbon Treaty on European integration in criminal matters. The book offers a holistic and in-depth analysis of the key elements of European integration in criminal matters, including EU powers and competence to criminalise, the evolution of judicial co-operation under the principles of mutual recognition and mutual trust, EU action in the field of criminal procedure including legislation on the rights of the defendant and the victim, the evolving role of European bodies and agencies (such as Europol, Eurojust and the European Public Prosecutor's Office) in European criminal law, and the development of EU-wide surveillance and data gathering and exchange mechanisms. Several chapters are devoted to the external dimension of EU action in criminal matters (including transatlantic counter-terrorism cooperation and the impact of Brexit on EU Criminal Law) Throughout the volume, the constitutional and fundamental rights implications of European integration in criminal matters are highlighted. Covering all the key principles of EU law, with clear explanation and rigorous analysis, this will give scholars, students, policy makers and legal practitioners interested in the subject a strong understanding of this fascinating but sometimes complex field.