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Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287160767
Category : Law
Languages : en
Pages : 168
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Book Description
The fight against today's new forms of criminality, across Europe and beyond, can only succeed if we have the necessary tools, in particular through effective mechanisms dealing with extradition. For over fifty years, the Council of Europe has been developing a set of instruments dealing with extradition, be it in the form of conventions or resolutions and recommendations to member states. This publication presents notes and comments on the Council of Europe's legal instruments on extradition. It includes the current status of the case law of the European Court of Human Rights on extradition matters and on other transnational criminal proceedings. It also brings together the non-binding instruments on extradition adopted by the Council of Europe's Committee of Ministers. Practitioners, policy makers and researchers dealing with extradition matters will find this publication a useful and up-to-date reference document.
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287160767
Category : Law
Languages : en
Pages : 168
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Book Description
The fight against today's new forms of criminality, across Europe and beyond, can only succeed if we have the necessary tools, in particular through effective mechanisms dealing with extradition. For over fifty years, the Council of Europe has been developing a set of instruments dealing with extradition, be it in the form of conventions or resolutions and recommendations to member states. This publication presents notes and comments on the Council of Europe's legal instruments on extradition. It includes the current status of the case law of the European Court of Human Rights on extradition matters and on other transnational criminal proceedings. It also brings together the non-binding instruments on extradition adopted by the Council of Europe's Committee of Ministers. Practitioners, policy makers and researchers dealing with extradition matters will find this publication a useful and up-to-date reference document.
Author: David A. Sadoff
Publisher: Cambridge University Press
ISBN: 1107129281
Category : Law
Languages : en
Pages : 725
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Book Description
A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives.
Author: Dimitrios Anagnostakis
Publisher: Taylor & Francis
ISBN: 1315520168
Category : Political Science
Languages : en
Pages : 181
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Book Description
This book analyses the cooperation between the European Union and the United States on internal security and counter-terrorism since the 9/11 terrorist attacks. In particular, four areas of cooperation are examined: customs and supply chain security; judicial cooperation (the mutual legal assistance and extradition agreements); law enforcement cooperation (the Europol-US agreements); and the EU-US agreements for the sharing of air passengers’ data (PNR agreements). These cases are analysed through a conceptual framework based on the theories of international regimes, with the data being drawn from an extensive documentary analysis of media sources collected through the 'Nexis' database, official documents, and from 13 semi-structured elite interviews with US and EU officials. The book argues that the EU and the US have established a transatlantic internal security regime based on shared principles, norms, rules, and interests. While at the beginning of this process the EU had a more reactive and passive stance at the later stages both the EU and the US were active in shaping the transatlantic political agenda and negotiations. The book demonstrates how the EU has had a much more proactive role in its relations with the US than has often been assumed in the current literature. This book will be of much interest to students of EU policy, foreign policy, international security and IR in general.
Author: David A. Shirk
Publisher: Council on Foreign Relations
ISBN: 0876094426
Category : Political Science
Languages : en
Pages : 57
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Book Description
The drug war in Mexico has caused some U.S. analysts to view Mexico as a failed or failing state. While these fears are exaggerated, the problems of widespread crime and violence, government corruption, and inadequate access to justice pose grave challenges for the Mexican state. The Obama administration has therefore affirmed its commitment to assist Mexico through continued bilateral collaboration, funding for judicial and security sector reform, and building "resilient communities."David A. Shirk analyzes the drug war in Mexico, explores Mexico's capacities and limitations, examines the factors that have undermined effective state performance, assesses the prospects for U.S. support to strengthen critical state institutions, and offers recommendations for reducing the potential of state failure. He argues that the United States should help Mexico address its pressing crime and corruption problems by going beyond traditional programs to strengthen the country's judicial and security sector capacity and help it build stronger political institutions, a more robust economy, and a thriving civil society.
Author: Ivan Anthony Shearer
Publisher: Manchester University Press
ISBN: 9780719004179
Category : Law
Languages : en
Pages : 318
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Book Description
Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780108473500
Category : Business & Economics
Languages : en
Pages : 78
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Book Description
The Joint Committee on Human Rights concludes that the current statutory framework does not provide effective protection for human rights. The rights most often relevant to extradition are: prohibition of torture; fair trial; liberty and security; private and family life; and prohibition of discrimination. The Committee calls on the Government to spell out detailed safeguards in the statutory framework. Parliament should be asked to commence the "most appropriate forum" safeguard in the Police and Criminal Justice Act 2006 and that a requirement for the requesting country to show a prima facie case or similarly robust evidential threshold should be introduced in extradition cases. The most appropriate forum safeguard would require the judge to consider whether it is in the interests of justice for the individual to be tried in the requesting country - and to refuse the extradition request if it is not. The committee also calls for negotiated changes to the European Arrest Warrant, a review of the provision of legal representation. The committee also concludes that the power of the Secretary of State to refuse extradition to non-EU countries should not be extended. The powers of the judge in an extradition case should instead ensure adequate protection of rights.
Author: Anthony Teasdale
Publisher: Penguin UK
ISBN: 9780141021188
Category : Europe
Languages : en
Pages : 0
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Book Description
The focus of this book is on the fifteen-member European Union but its coverage extends to many other bodies which form part of today's Europe, such as the Council of Europe, the European Economic Area and Western European Union.
Author: France
Publisher: Fred B. Rothman
ISBN:
Category : Law
Languages : en
Pages : 408
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Book Description
This volume supersedes Volume 7 of the series.
Author: Stefano Maffei
Publisher:
ISBN: 9789089522078
Category : Extradition
Languages : en
Pages : 0
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Book Description
The subject of "international extradition" is not independently taught in legal education programs around the world, yet extradition remains today the most significant form of mutual assistance in criminal matters between States. This book provides a concise and clear description of extradition law and procedure based on a number of key principles and concepts (double criminality, rule of speciality, assurances) drawn from domestic extradition statutes, bilateral and multilateral treaties. It then outlines 35 well-known extradition cases, in which suspects, accused and convicted persons fought the extradition requests by invoking certain grounds for refusal of surrender (human rights violations, unfairness of trial in the requesting country, excessive punishment, etc). For each of these cases, an outline of the facts, the outcome of the case, and the legal arguments of the parties is provided. The book is ideal for legal practitioners who wish to familiarise with the law and practice of extradition litigation around the world and to learn about the best available strategies to effectively assist clients in extradition cases.
Author: Anneli Albi
Publisher: Springer
ISBN: 9462652732
Category : Law
Languages : en
Pages : 1522
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Book Description
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
