Eu Criminal Policy Advances And Challenges
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| Author | : Gert Vermeulen |
| Publisher | : Maklu |
| Total Pages | : 189 |
| Release | : 2022-11-01 |
| Genre | : Law |
| ISBN | : 9046611345 |
Until the end of the 1990s, EU integration in the area of criminal law centred primarily around the regional deepening of traditional judicial cooperation in criminal matters and the development of law enforcement cooperation (including the setting up of Europol as a support agency). By the end of the 1990s respectively 2000s, the EU also gained (limited) supranational competence in the areas of substantive respectively procedural criminal law. Both judicial and law enforcement cooperation were furthered over the years via the principles of mutual recognition respectively availability, and through the setting up (and development) of Eurojust, the establishment of a European Public Prosecutor’s Office and the further development of Europol. After three decennia, the EU criminal law corpus is impressive – a core component of the EU’s ‘Area of Freedom, Security and Justice’, building on and adding to (both real and presumed) trust between the Member States. No time for stand-still, though. Since 2020, the European Commission has launched a tsunami of new legislative proposals, including in the sphere of EU criminal law, strongly framed in its new EU Security Union Strategy. This special issue on ‘EU criminal policy. Advances and challenges’ discusses and assesses some of the newest developments, both in an overarching fashion and in focused papers, relating to key 2022 novelties for Europol (ie the competence to conduct AI-based pre-analysis in (big) data sets, and extended cooperation with private parties), the sensitive debate since 2020 on criminalising (LGBTIQ) hate speech and hate crime at EU level, the 2022 Cybersecurity Directive, the potential of the 2020 Conditionality Regulation to address rule of law issues undermining the trustworthiness of Member States when issuing European Arrest Warrants, and concerns about free speech limitation by the 2021 Terrorist Content Online Regulation.
| Author | : Jannemieke Ouwerkerk |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2019 |
| Genre | : Criminal law |
| ISBN | : 9789004367364 |
In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.
| Author | : Valsamis Mitsilegas |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 561 |
| Release | : 2009-03-16 |
| Genre | : Law |
| ISBN | : 184731726X |
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 | : Stefano Ruggeri |
| Publisher | : Springer |
| Total Pages | : 313 |
| Release | : 2015-01-02 |
| Genre | : Law |
| ISBN | : 3319120425 |
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.
| Author | : Joanna Beata Banach-Gutierrez |
| Publisher | : Routledge |
| Total Pages | : 274 |
| Release | : 2016-07-28 |
| Genre | : Law |
| ISBN | : 1317427610 |
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 | : Stefano Ruggeri |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 231 |
| Release | : 2013-12-12 |
| Genre | : Law |
| ISBN | : 3319025708 |
This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.
| Author | : Carlos Gómez-Jara Díez |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2015 |
| Genre | : Criminal law |
| ISBN | : 9781780681207 |
For decades, the EU has developed a system of criminal justice consistent with the mixed (sometimes contradictory) tendencies embedded in its very own structure. The Lisbon Treaty consolidated some federal elements that have an impact on the future development of this area of law. The sovereign debt crisis of 2010 and its progeny have, if anything, consolidated the need for the federal protection of EU financial interests at the EU level. This book provides new insights in the federal dimension of these developments. Beginning with an analysis of the current state of affairs, the book also tackles the federalizing elements contained in such issues as the creation of a European banking supervision authority, the establishment of the European Prosecutor Office, or the enactment of a EU regulation containing the grounds rules of its functioning. Throughout, the reader will find constant references to the most efficient system of federal criminal law, i.e. the US system. This comparative law note serves the purpose of confirming the federal nature of what has been achieved so far at the EU level and providing guidelines for its future development. The basic contention is that such regulation and its enforcement at the EU level is a fundamental tool to achieve the goals that the EU has already set forth in the upcoming agenda. In a nutshell: although the EU is not a federal state, it has the same problems as if it were. Subject: European Law, Criminal Law, Comparative Law, Financial Law]
| Author | : Maria Fletcher |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 251 |
| Release | : 2010-01-01 |
| Genre | : Law |
| ISBN | : 1848443889 |
. . . 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.
| Author | : Valsamis Mitsilegas |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 659 |
| Release | : 2016-03-25 |
| Genre | : Law |
| ISBN | : 1783473312 |
EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work
| Author | : Renaud Colson |
| Publisher | : Cambridge University Press |
| Total Pages | : 295 |
| Release | : 2016-09-29 |
| Genre | : Law |
| ISBN | : 1316720683 |
EU Criminal Justice and the Challenges of Diversity examines how questions of cultural difference between Member States' legal traditions are being constructed, addressed, and resolved in the development of the European Area of Freedom, Security, and Justice. The volume brings together leading socio-legal scholars and criminal justice professors from eight European countries and combines analytical approaches rooted in the social sciences with more normative approaches based on legal doctrine. It examines the construction of a common European criminal policy, explores some of the paths that may be followed by the EU in seeking to cope with national diversity in the field of criminal justice, and finally provides some insights into various forms of legal and cultural resistance offered by Member States to the European harmonisation process. In so doing, it bridges disciplinary boundaries between law and social sciences, and draws in a range of perspectives from around Europe.
