Redefining Harmonisation

Redefining Harmonisation
Author: Ghio, Emilie
Publisher: Edward Elgar Publishing
Total Pages: 240
Release: 2022-06-14
Genre: Law
ISBN: 1789903831

Providing a definition of the concept of harmonisation within the context of the European Union, this timely book debunks the idea that EU harmonisation measures are made behind closed doors in Brussels and imposed, top-down, on the Member States. Offering an in-depth exploration of the concept of harmonisation through the lens of European Insolvency Law, the book will be an insightful read for students and legal scholars interested in EU law and the law-making process.

Research Handbook on EU Criminal Law

Research Handbook on EU Criminal Law
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

Harmonization of Criminal Law in Europe

Harmonization of Criminal Law in Europe
Author: Erling Johannes Husab©ı
Publisher: Intersentia nv
Total Pages: 175
Release: 2005
Genre: Criminal justice, Administration of
ISBN: 905095474X

"Colloquium ... was held at the Faculty of Law, University of Bergen on 20-21 February 2004"--P. v.

The Legitimacy of EU Criminal Law

The Legitimacy of EU Criminal Law
Author: Irene Wieczorek
Publisher: Bloomsbury Publishing
Total Pages: 280
Release: 2020-07-09
Genre: Law
ISBN: 1509919759

This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks 'Why EU Criminal Law?' looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book then questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself.

EU Criminal Law

EU Criminal Law
Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
Total Pages: 808
Release: 2022-05-05
Genre: Law
ISBN: 1509904166

This is the second edition of EU Criminal Law, which has become since its publication in 2009 a key point of reference in the field. The second edition is updated and substantially expanded, to take into account the significant growth of EU criminal law as a distinct legal field and the impact of the entry into force of the Lisbon Treaty on European integration in criminal matters. The book offers a holistic and in-depth analysis of the key elements of European integration in criminal matters, including EU powers and competence to criminalise, the evolution of judicial co-operation under the principles of mutual recognition and mutual trust, EU action in the field of criminal procedure including legislation on the rights of the defendant and the victim, the evolving role of European bodies and agencies (such as Europol, Eurojust and the European Public Prosecutor's Office) in European criminal law, and the development of EU-wide surveillance and data gathering and exchange mechanisms. Several chapters are devoted to the external dimension of EU action in criminal matters (including transatlantic counter-terrorism cooperation and the impact of Brexit on EU Criminal Law) Throughout the volume, the constitutional and fundamental rights implications of European integration in criminal matters are highlighted. Covering all the key principles of EU law, with clear explanation and rigorous analysis, this will give scholars, students, policy makers and legal practitioners interested in the subject a strong understanding of this fascinating but sometimes complex field.

EU Criminal Justice and the Challenges of Diversity

EU Criminal Justice and the Challenges of Diversity
Author: Renaud Colson
Publisher: Cambridge University Press
Total Pages: 295
Release: 2016-09-29
Genre: Law
ISBN: 1107096588

The volume examines how diversity in Member States' legal cultures is being addressed in the development of EU criminal justice.

The Future of EU Criminal Justice Policy and Practice

The Future of EU Criminal Justice Policy and Practice
Author: Jannemieke Ouwerkerk
Publisher: BRILL
Total Pages: 275
Release: 2019-03-27
Genre: Law
ISBN: 9004367373

EU criminal justice is a fast developing and challenging area of EU law and policy that requires scholars from different disciplines to join forces. This book is a first attempt to establish such synergies. Coming from different angles, the authors deal with questions in the area of EU substantive criminal law, such as when criminalisation of conduct is an appropriate choice; how the process of (de)criminalisation could be advanced; what the role of evidence could be in this regard; and what consequences criminalisation decisions at EU level have for national legal orders. The book concludes with a demonstration of how similar issues arise in the field of procedural criminal law.

The Disqualification Triad

The Disqualification Triad
Author: Gert Vermeulen
Publisher: Maklu
Total Pages: 343
Release: 2012
Genre: Law
ISBN: 9046605213

In the past decades, the European Union has made little progress with respect to disqualifications as a sanction mechanism for the violation of laws. The creation of some form of harmonization is necessary, but the complex nature of this specific sanction mechanism has caused policy initiatives to be postponed, time after time. In answer to a call from the European Commission, the contributors in this book have conducted a comparative legal analysis in the EU 27 and looked into the practical experiences with disqualifications from a domestic and a cross border perspective. To that end, academics, policy makers, and practitioners in the Member States have been consulted. Analysis reveals a wide variety in the typology of the disqualifications as a sanction measure, the typology of the persons to whom the disqualifications can be imposed, and the typology of the authorities involved. Furthermore, there are considerable differences with respect to the inclusion of disqualifications in the national criminal records databases. Linked thereto information on foreign disqualifications is scarce and rarely used in practice. To ensure a comprehensive and consistent policy approach, this book has come up with a so called disqualification triad, comprising: (1) unified EU-wide disqualifications, (2) mutual recognition of disqualifications, and (3) EU-wide equivalent effect of disqualifications. The functioning of the disqualification triad has been further elaborated on in three case studies, which are public procurement disqualifications, disqualifications from working with children, and driving disqualifications. In doing so, this book is essential reading for both EU and national policy makers, as well as for researchers and practitioners involved. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 45)

European Union Law

European Union Law
Author: Alina Kaczorowska-Ireland
Publisher: Routledge
Total Pages: 973
Release: 2012-09-10
Genre: Law
ISBN: 1136870032

Now in its second edition, European Union Law has been fully revised and updated following the entry into force of the Lisbon Treaty in December 2009. The book contains entirely new chapters on the Protection of Human Rights in the EU; the Area of Freedom, Security and Justice and the Common Foreign and Security Policy. Specifically written to give law students detailed up-to-date knowledge of all main areas of EU law, the book provides an in-depth and detailed examination of, and commentary on the areas of institutional and of substantive EU law forming the syllabus of standard academic courses on EU law. Unlike other texts this book successfully combines authoritative text with case summaries and judgments, these being highlighted in colour tinted boxes for easy identification. The author identifies the relevant points and key facts of the leading cases and discusses the judgments in detail, often in the light of subsequent developments. Student-friendly features include: short summaries at the beginning of each chapter outlining the topics and concepts covered an aide-memoire at the end of each chapter to highlight and reflect the main points a recommended reading list at the end of each chapter to facilitate further research a map identifying EU Member States (with accession dates) and candidate states a Companion Website featuring updates twice yearly; annotated links to online sources of interest and essay style self-test questions with suggested answers. This book is an essential resource for those studying EU law on both undergraduate and postgraduate courses and will be of interest to students of political science, social science and business studies.