European Criminal Law After The Lisbon Treaty Or Europeanization Of European Law Under The Co Responsibility Of The Member States
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Author | : Elspeth Guild |
Publisher | : |
Total Pages | : 0 |
Release | : 2010 |
Genre | : Law |
ISBN | : 9789461380340 |
This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU's AFSJ. Book jacket.
Author | : Roberto E. Kostoris |
Publisher | : Springer |
Total Pages | : 450 |
Release | : 2018-04-12 |
Genre | : Law |
ISBN | : 3319724622 |
This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor’s Office.
Author | : Mauro Bussani |
Publisher | : Cambridge University Press |
Total Pages | : 423 |
Release | : 2012-08-16 |
Genre | : Business & Economics |
ISBN | : 0521895707 |
The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.
Author | : Erik Jones |
Publisher | : Oxford University Press |
Total Pages | : 924 |
Release | : 2012-08-30 |
Genre | : Political Science |
ISBN | : 0199546282 |
The Oxford Handbook of the European Union brings together numerous acknowledged specialists in their field to provide a comprehensive and clear assessment of the nature, evolution, workings, and impact of European integration.
Author | : Amelia Hadfield |
Publisher | : Routledge |
Total Pages | : 340 |
Release | : 2017-06-14 |
Genre | : Political Science |
ISBN | : 1351997211 |
Foreign Policies of EU Member States provides a clear and current overview of the motivations and outcomes of EU Member States regarding their foreign policy-making within and beyond the EU. It provides an in-depth analysis of intra-EU policy-making and sheds light, in an innovative and understandable way, on the lesser-known aspects of the inter-EU and extra-EU foreign policies of the twenty-eight Member States. The text has an innovative method of thematic organisation in which case study state profiles emerge via dominant foreign policy themes. The text examines the three main policy challenges currently faced by the twenty-eight Member States: First, EU Member States must cooperate within the mechanisms of the EU, including the Common Foreign and Security Policy (CFSP). Second, EU Member States continue to construct their own inter-EU foreign policies. Third, the sovereign prerogative exercised by all EU Member States is to construct their own foreign policies on everything from trade and defence with the rest of the world. This combination of clarity, thematic structure and empirical case studies make this an ideal textbook for all upper-level students of European foreign policy, comparative European politics and European studies.
Author | : Michael E. Smith |
Publisher | : Cambridge University Press |
Total Pages | : 312 |
Release | : 2004 |
Genre | : Political Science |
ISBN | : 9780521538619 |
The emergence of a common security and foreign policy has been one of the most contentious issues accompanying the integration of the European Union. In this book, Michael Smith examines the specific ways foreign policy cooperation has been institutionalized in the EU, the way institutional development affects cooperative outcomes in foreign policy, and how those outcomes lead to new institutional reforms. Smith explains the evolution and performance of the institutional procedures of the EU using a unique analytical framework, supported by extensive empirical evidence drawn from interviews, case studies, official documents and secondary sources. His perceptive and well-informed analysis covers the entire history of EU foreign policy cooperation, from its origins in the late 1960s up to the start of the 2003 constitutional convention. Demonstrating the importance and extent of EU foreign/security policy, the book will be of interest to scholars, researchers and policy-makers.
Author | : Lee McGowan |
Publisher | : Routledge |
Total Pages | : 521 |
Release | : 2015-04-10 |
Genre | : Reference |
ISBN | : 1317445163 |
This unique collection of data includes concise definitions and explanations relating to all aspects of the European Union. It explains the terminology surrounding the EU and outlines the roles and significance of the institutions, member countries, foreign relations, programmes and policies, treaties and personalities. It contains over 1,000 clear and succinct definitions and explains acronyms and abbreviations, which are arranged alphabetically and fully cross-referenced. The book has been fully updated to include details of the elections to the European Parliament and the appointment of the new European Commission in 2014, together with other important revisions. Among the 1,000 entries you can find explanations and background details on:accession negotiations the African Union the ‘Arab Spring’ the Common Agricultural Policy competition policy the European Maritime and Fisheries Fund the euro human rights Jean-Claude Juncker the European Anti-Fraud Office (OLAF) the Schengen Agreement Serbia the Single Supervisory Mechanism the single rulebook the Treaty of Lisbon Ukraine
Author | : Raphael Bossong |
Publisher | : Oxford University Press |
Total Pages | : 290 |
Release | : 2016-11-17 |
Genre | : Political Science |
ISBN | : 0192509683 |
This edited volume offers different theories useful for understanding and explaining European Union cooperation on internal security matters. Cooperation on such matters has not only flourished over the past two decades, but - more recently - has also become one of the most politicised or contested areas of European integration. Yet academic studies in the field remain predominantly empirical or not readily accessible to new scholars. The book addresses this major gap by providing a theoretical primer with a palette of options for explaining a complicated issue area, reaching across the divide of critical and more mainstream scholars that typically fragments discussion and debate. Theorizing Internal Security Cooperation in the European Union offers accessible and authoritative contributions by some of the most distinguished scholars in the field. Each chapter reviews the emergence of a major theoretical approach, the current state-of-the art for that approach, and the accompanying methodological considerations before providing an empirical illustration and an outlook on further research and dialogue with other perspectives. This book will serve as a central reference for developing our understanding of EU internal security cooperation, for exploring the ongoing transformation of statehood, and for illuminating the contemporary evolution of the European Union.
Author | : Vigjilenca Abazi |
Publisher | : Oxford University Press |
Total Pages | : 260 |
Release | : 2019-04-04 |
Genre | : Political Science |
ISBN | : 0192578642 |
This monograph offers a uniquely comprehensive and in-depth legal account of official secrets in the European Union. It critically analyses their implications for oversight and fundamental rights. Based on forty interviews with practitioners and other stakeholders, it offers an understanding of the practices of official secrets and provides a critical and much-needed perspective on how parliamentary, judicial and administrative oversight institutions deal with access to classified material and the dilemma of oversight to concurrently ensure secrecy necessary for EU security policies and openness needed for democratic processes and fundamental rights. The book discerns shifts in institutional practice of oversight at the European Parliament and the Court of Justice of the European Union that disproportionately favour secrecy and the protection of classified documents while creating serious limitations to open democratic deliberations and access to justice, and delivers new insights on the EU's development as a security actor as well as its autonomy from Member States, showing how rules on official secrets were a means for the EU to gain more autonomy in external security cooperation.
Author | : Anneli Albi |
Publisher | : Springer |
Total Pages | : 1522 |
Release | : 2019-05-29 |
Genre | : Law |
ISBN | : 9462652732 |
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.