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Author: Jannemieke Ouwerkerk
Publisher: BRILL
ISBN: 9004367373
Category : Law
Languages : en
Pages : 275
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Book Description
In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.
Author: Jannemieke Ouwerkerk
Publisher: BRILL
ISBN: 9004367373
Category : Law
Languages : en
Pages : 275
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Book Description
In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.
Author: Jannemieke Ouwerkerk
Publisher:
ISBN: 9789004367364
Category : Criminal law
Languages : en
Pages : 0
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Book Description
In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.
Author: Joanna Beata Banach-Gutierrez
Publisher: Routledge
ISBN: 1317427610
Category : Law
Languages : en
Pages : 274
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Book Description
The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.
Author: Cyrille J.C.F. Fijnaut
Publisher: BRILL
ISBN: 9004193367
Category : Law
Languages : en
Pages : 436
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Book Description
Since the early 1990s, cross-border police and judicial cooperation has become a very important domain of the European Union. The Lisbon Treaty – if accepted by all the Member States – will certainly be a major stimulus to its further development in the field of internal security as well as in the field of external policy. In any event, the recent proposal for a new third comprehensive policy programme with regard to the Area of Freedom, Security and Justice – the so-called Stockholm Programme – foreshadows some of the changes the Brussels institutions and the Member States would like to embrace in the coming years. This book contains the contributions of scholars and practitioners to a conference on the future of police and judicial cooperation in the European Union that took place in November 2008 at Tilburg University. Referring to what has been achieved in this domain since the Treaty of Maastricht, these papers not only assess the proposals that have been put forward in successive policy documents relating to the Stockholm Programme, but they also pinpoint to the ongoing problems in the theory and practice of police and judicial cooperation within the European Union and to the ways in which these questions could best be solved.
Author: Samuli Miettinen
Publisher: Routledge
ISBN: 0415474264
Category : Law
Languages : en
Pages : 300
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Book Description
This book takes stock of the development of criminal law in the context of the EC and the EU, and examines whether this has led to a European criminal policy, and interrogates the legal effects that European-level initiatives in the field have on national criminal law and on suspects.
Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 184731726X
Category : Law
Languages : en
Pages : 544
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Book Description
EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287154864
Category : Political Science
Languages : en
Pages : 209
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Book Description
This publication contains a number of papers which highlight examples of good practice in relation to criminal policy in member states of the Council of Europe, set out under the headlines of: crime prevention, mediation and other community sanctions, the prison system, and criminal procedure. Many of the papers are written by members of the Criminological Scientific Council of the Council of Europe (CSC).
Author: Merita Kettunen
Publisher: Springer Nature
ISBN: 3030161749
Category : Law
Languages : en
Pages : 278
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Book Description
The book examines how and according to which principles the enactment of European criminal legislation is legitimate. The approach adopted here focuses on the constitutionalization of criminal law (i.e., the growing importance of constitutional elements of the EU legal order and the ECHR regime within criminal law). Further, it shows how and why criminal law has a unique nature, and why it should not be equated with other fields of EU law.The book explains the basic research questions and methodologies, before turning to the nature of criminal law at the level of national law, and addressing the different levels of justification for criminal law. Further, it examines the most prominent features of European criminal law and the difference between general EU law and EU criminal law, as well as the theoretical ideals for European constitutional structures and criminal law. Examples of how the law in practice might not always be in keeping with these normative ideals serve to round out the coverage.
Author: Chloé Brière
Publisher: Bloomsbury Publishing
ISBN: 1509917020
Category : Law
Languages : en
Pages : 698
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Book Description
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.
Author: Marc Cools
Publisher: Maklu
ISBN: 9046605426
Category : Law
Languages : en
Pages : 232
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Book Description
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)
