Cross Border Evidence Gathering Equality Of Arms Within The Eu
Download Cross Border Evidence Gathering Equality Of Arms Within The Eu full books in PDF, epub, and Kindle. Read online free Cross Border Evidence Gathering Equality Of Arms Within The Eu ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Cross-border Evidence Gathering
| Author | : Marloes C. van Wijk |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Arms control |
| ISBN | : 9789462367746 |
In order to develop an Area of Freedom, Security and Justice, the European Union is adopting measures to enhance international cooperation in criminal matters among the police and judicial authorities of its Member States. The adopted instruments concerning evidentiary matters-such as the gathering of evidence in another EU Member State-seem to serve the main purpose of assisting the authorities in investigating and prosecuting (cross-border) crime. This raises the question to what extent the defence is also given the possibility to gather information and materials in another EU Member State with the aim of preparing and presenting its case at trial and, in particular, whether the current (EU) legal framework on cross-border evidence gathering meets the requirements of the principle of equality of arms. This book addresses these questions by, first of all, discussing the application of the principle of equality of arms, as enshrined in both Article 6 ECHR and Article 47 CFR, in cross-border criminal cases. Secondly, it provides an overview of the European treaties and legislation on cross-border evidence gathering to explain to what extent they give opportunities to the defence to request the assistance of foreign authorities in obtaining specific information and materials in another EU Member State, and also to participate in the execution of these requests. In addition, in order to understand how the European treaties and legislation on cross-border evidence gathering are applied by the EU Member States, this book includes a comparative study of three national jurisdictions: the Netherlands, England and Wales, and Italy. Furthermore, it analyzes the criminal justice system of the International Criminal Court as a potential source of inspiration for new EU legislation to strengthen the ability of the defence to obtain evidence in another EU Member State. This book is part of the Pompe series, which contains publications by staff members of the Willem Pompe Institute for Criminal Law and Criminology in Utrecht, and by authors closely aligned to the school of thought for which the Institute is known. (Series: Willem Pompe Institute, Vol. 85) [Subject: Criminology, EU Law]
Transnational Evidence and Multicultural Inquiries in Europe
| 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.
Admissibility of Evidence in EU Cross-Border Criminal Proceedings
| Author | : Lorena Bachmaier Winter |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 268 |
| Release | : 2024-05-16 |
| Genre | : Law |
| ISBN | : 1509972005 |
This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.
The Area of Freedom, Security and Justice Ten Years on
| 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.
The Needed Balances in EU Criminal Law
| Author | : Chloé Brière |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 698 |
| Release | : 2017-12-28 |
| Genre | : Law |
| ISBN | : 1509917020 |
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.
The EU and Human Rights
| Author | : Philip Alston |
| Publisher | : |
| Total Pages | : 986 |
| Release | : 1999 |
| Genre | : Law |
| ISBN | : 9780198298069 |
For all its achievements in integrating Europe, the EU lacks a human rights policy which is coherent, balanced and professionally administered. This volume provides an insightful critique of current policies and detailed recommendations for the future by leading experts in the field including individuals from every EU country.
Judicial Protection in Transnational Criminal Proceedings
| Author | : Martin Böse |
| Publisher | : Springer Nature |
| Total Pages | : 446 |
| Release | : 2020-10-28 |
| Genre | : Law |
| ISBN | : 3030557960 |
This book proposes and outlines a comprehensive framework for judicial protection in transnational criminal proceedings that ensures the right to judicial review without hampering the effective functioning of international cooperation in criminal matters. It examines a broad range of potential approaches in the context of selected national criminal justice systems, and offers a comparative analysis of EU Member States and non-Member States alike. The book particularly focuses on the differences between cooperation within the EU on the one hand and cooperation with third states on the other, and on the consequences of this distinction for the scope of judicial review.
The European Public Prosecutor's Office
| Author | : Lorena Bachmaier Winter |
| Publisher | : Springer |
| Total Pages | : 289 |
| Release | : 2018-11-02 |
| Genre | : Law |
| ISBN | : 3319939165 |
This book explores the European Public Prosecutor’s Office (EPPO), the creation of which was approved in the Regulation adopted by the Justice and Home Affairs (JHA) Council on 12 October 2017. The EPPO will be an independent European prosecution office tasked with investigating and prosecuting those crimes defined in the recently adopted Regulation 2017/1371 on combating fraud against the Union’s financial interests by means of criminal law. As such, it will be a new actor on the EU landscape, governed by the principle of loyal cooperation with the national prosecuting authorities. This work clarifies some of the challenges that member states will have to face when dealing with a supranational prosecution authority. In addition, it provides guidelines on how to implement the present Regulation while respecting the fundamental rights of defendants in criminal proceedings. The book is of special interest in so far as the analysis and perspective of academics is completed with the contributions of legal experts who have either been involved in the negotiations to establish the European public prosecutor or will be closely linked, as public prosecutors, to the functioning of the future European public prosecutor’s office.
