Need For And Feasibility Of An Eu Offence Policy
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| Author | : Wendy De Bondt |
| Publisher | : Maklu |
| Total Pages | : 87 |
| Release | : 2012-12-03 |
| Genre | : Law |
| ISBN | : 904660537X |
This book starts from the observation that criminal law is different in each of the EU's Member States: (1) what constitutes as an offense in one Member State does not necessarily constitute as an offense in another member state; (2) where offenses are equally criminalized in all Member States, the sanction levels may still vary; and (3) more generally, the position of the offenses in the entirety of the justice system may vary. The question arises: to what extent are those so-called offense diversities an obstacle for EU policy making and to what extent is it feasible to overcome those obstacles? The book underpins the need for the development of an EU offense policy, using the common criminalization acquis as a center piece. It argues that the common criminalization acquis can help: to ensure comparability of crime statistics * to avoid redundant double criminality testing * to overcome evidence gathering difficulties * to clarify the mandates of the EU level actors * to identify the equivalent national sentence * to scope the taking account of prior convictions. The only condition: the development of a comprehensive, consistent, and well-balanced EU offense policy. This book contains the conclusions of author Wendy De Bondt's publication-based doctoral thesis defended at Ghent University in June 2012. It will be essential reading for policy makers, both at the national and European level, in any policy field that is linked to offenses.
| 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)
| Author | : Helena Legido-Quigley |
| Publisher | : World Health Organization |
| Total Pages | : 242 |
| Release | : 2008 |
| Genre | : Medical |
| ISBN | : 9289071931 |
People have always travelled within Europe for work and leisure, although never before with the current intensity. Now, however, they are travelling for many other reasons, including the quest for key services such as health care. Whatever the reason for travelling, one question they ask is "If I fall ill, will the health care I receive be of a high standard?" This book examines, for the first time, the systems that have been put in place in all of the European Union's 27 Member States. The picture it paints is mixed. Some have well developed systems, setting standards based on the best available evidence, monitoring the care provided, and taking action where it falls short. Others need to overcome significant obstacles.
| Author | : Study Group on a European Civil Code |
| Publisher | : sellier. european law publ. |
| Total Pages | : 406 |
| Release | : 2008 |
| Genre | : Civil law |
| ISBN | : 3866530595 |
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
| Author | : Gert Vermeulen |
| Publisher | : Maklu |
| Total Pages | : 203 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 9046605205 |
Discussions of the possibility to attribute liability to legal persons for committing offenses are far from new. The EU landscape however is scattered. Although there are obligations for the Member States to introduce liability for legal persons committing offenses, diversity remains as to: the offenses that may trigger liability * the legal persons that may be held liable * the attribution theories and mechanisms used * the type of liability, which may be either penal, administrative, or civil * the sanctions that legal persons may incur. Consistent policy making requires an identification of the main commonalities and differences in view of being able to adequately reflect them in cross-national policy initiatives. Hence, the European Commission launched a call for tender for a study on the issue, which was awarded to the Institute for International Research on Criminal Policy (IRCP). The results are published in this book. Based on comparative legal analysis in the EU27, recommendations are formulated relating to the EU approximation policy (amongst others to reconsider the concept of a 'legal person' and to look into the need for specific 'legal person'-offenses), the functioning of mutual recognition (amongst others to extend the current mutual recognition instrumentarium), the exchange of information (amongst others to develop a criminal records policy), and procedural safeguards (amongst others to secure equivalent protection outside a criminal liability context). In other words, a helicopter view is taken to ensure consistent EU policy making. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 44)
| Author | : |
| Publisher | : |
| Total Pages | : 200 |
| Release | : 2014 |
| Genre | : Adult child abuse victims |
| ISBN | : |
"Violence against women undermines women's core fundamental rights such as dignity, access to justice and gender equality. For example, one in three women has experienced physical and/or sexual violence since the age of 15; one in five women has experienced stalking; every second woman has been confronted with one or more forms of sexual harassment. What emerges is a picture of extensive abuse that affects many women's lives but is systematically underreported to the authorities. The scale of violence against women is therefore not reflected by official data. This FRA survey is the first of its kind on violence against women across the 28 Member States of the European Union (EU). It is based on interviews with 42,000 women across the EU, who were asked about their experiences of physical, sexual and psychological violence, including incidents of intimate partner violence ('domestic violence'). The survey also included questions on stalking, sexual harassment, and the role played by new technologies in women's experiences of abuse. In addition, it asked about their experiences of violence in childhood. Based on the detailed findings, FRA suggests courses of action in different areas that are touched by violence against women and go beyond the narrow confines of criminal law, ranging from employment and health to the medium of new technologies."--Editor.
| Author | : Joanna Beata Banach-Gutierrez |
| Publisher | : Routledge |
| Total Pages | : 317 |
| Release | : 2016-07-28 |
| Genre | : Law |
| ISBN | : 1317427602 |
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 | : Tom Vander Beken |
| Publisher | : Maklu |
| Total Pages | : 279 |
| Release | : 2004 |
| Genre | : Crime |
| ISBN | : 9062159397 |
Recent years have been characterised by growing awareness among European member states about serious shortcomings to the way organised crime is measured and assessed. Currently, organised crime reports primarily generate descriptive analyses of a past situation based on law enforcement data and do not always provide the necessary information for proactive and preventive policy strategies. Therefore an EU Action Plan has been issued to develop a more future oriented and risk based methodology for the measurement of organised crime and to convert the traditional organised crime situation reports into strategic reports for planning purposes. This book is the outcome of two studies undertaken by a team composed of Belgian, Italian and Swedish researchers for the European Commission. It presents an overview of current practices in the measurement of organised crime in Europe and includes a discussion about the concept and the assessment of the impact of the phenomenon. Further the feasibility of the implementation of the existing EU Action Plan was studied and evaluated. As a result of applied research Measuring Organised Crime in Europe provides an in depth and comparative analysis of current practice in drafting organised crime reports across and by the EU and offers new ideas to improve their quality.
| Author | : Gert Vermeulen |
| Publisher | : Gompel&Svacina |
| Total Pages | : 1494 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 9463711007 |
This volume comprises the relevant legal instruments and principal policy documents in the area of international and European asylum and migration, including the latest versions of pending legislative proposals. The range of issues covered is comprehensive: human rights; nationality and statelessness; equal treatment, non-discrimination, racism and xenophobia; citizenship, residence and free movement; borders, border management and entry; visa and passenger data; labour migration; family reunification; asylum, subsidiary and temporary protection; irregular migration; and trafficking in human beings. The texts have been ordered according to the multilateral co-operation level within which they were drawn up: either the United Nations, the Council of Europe or the European Union (including Schengen-level instruments). This edition provides practitioners, authorities, policy makers, scholars and students throughout Europe with an accurate, up-to-date and forward-looking compilation of essential texts on asylum and migration matters. All texts have been updated until 20 December 2018.
| Author | : A. Mennens |
| Publisher | : Maklu |
| Total Pages | : 116 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : 9046602656 |
In the EU area of freedom, security, and justice, one of the main deficiencies is the lack of cross-country comparable data on crime and criminal justice. The importance of progress in this domain - especially in the context of the identification of best practices in the fight against crime - has been identified on several occasions. The main difficulty lies in the comparability of data or the guarantee that exchanged data is understood in the same way by all actors. In March 2007, the European Commission's Directorate-General for Justice, Freedom and Security launched a call for a Study on the Development of an EU Level Offence Classification System and an Assessment of Its Feasibility to Supporting the Implementation of the Action Plan to Develop an EU Strategy to Measure Crime and Criminal Justice (The Crime Statistics Project [CSP]). This book contains the final report of that Project. In the context of the project, the EU Level Offence Classification System (EULOCS) was created. Its aim is not to become yet another compelling system that requires Member States to further harmonize domestic criminal law or to adjust national data models, but to be a reference index that could serve the different needs in the wider area of justice and home affairs. According to its authors, the area of justice and home affairs could benefit from using EULOCS as a bench-mark, increasing the internal coherence of EU's criminal policy. This book is essential reading for EU policy makers, judicial and law enforcement authorities throughout the Union, as well as those in a broader international context. It will be an asset to everyone involved in or taking an interest in the production of meaningful and comparable data on crime and criminal justice in Europe.
