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Criminal And Quasi Criminal Enforcement Mechanisms In Europe
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Book Synopsis Criminal and Quasi-criminal Enforcement Mechanisms in Europe by : Vanessa Franssen
Download or read book Criminal and Quasi-criminal Enforcement Mechanisms in Europe written by Vanessa Franssen and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the interplay between criminal and other branches of public law pursuing similar objectives (referred to as 'quasi-criminal law'). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike.
Book Synopsis EU Criminal Law and Policy by : Joanna Beata Banach-Gutierrez
Download or read book EU Criminal Law and Policy written by Joanna Beata Banach-Gutierrez and published by Routledge. This book was released on 2016-07-28 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Towards a European Criminal Record by : Constantin Stefanou
Download or read book Towards a European Criminal Record written by Constantin Stefanou and published by Cambridge University Press. This book was released on 2008-05-22 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: The success of the four core freedoms of the EU has created fertile ground for transnational organised crime. Innovative, transnational legal weapons are therefore required by national authorities. The availability of data on criminal convictions is at the forefront of the debate. But which mechanism for availability can be used effectively while at the same time respecting an increasingly higher level of data protection at national level? In the fluid, post-'Reform Treaty' environment, the EU is moving towards the creation of a European Criminal Record which will ultimately secure availability of criminal data beyond the weaknesses of Mutual Legal Assistance mechanisms. Examining the concept of a European Criminal Record in its legal, political and data protection dimensions, this multidisciplinary study is an indispensable exploration of a major initiative in European Criminal Law which is set to monopolise the debate on EU judicial co-operation and enforcement.
Book Synopsis The Criminalisation of Migration in Europe by : Valsamis Mitsilegas
Download or read book The Criminalisation of Migration in Europe written by Valsamis Mitsilegas and published by Springer. This book was released on 2014-10-31 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.
Book Synopsis Challenges in the Field of Economic and Financial Crime in Europe and the US by : Katalin Ligeti
Download or read book Challenges in the Field of Economic and Financial Crime in Europe and the US written by Katalin Ligeti and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past few years, criminal justice systems have faced important global challenges in the field of economic and financial crime. The 2008 financial crisis revealed how strongly financial markets and economies are interconnected and illustrated that misconduct in the economic and financial sectors is often of a systemic nature, with wide-spread consequences for a large number of victims. The prevention, control and punishment of such crimes is thus confronted with a strong globalisation. Moreover, continuous technological evolutions and socio-economic developments make the distinction between socially desirable and undesirable behaviour more problematic. Besides, economic and financial misconduct is notoriously difficult to detect and investigate. In light of these challenges, legislators and law enforcers have been searching for adequate responses to combat economic and financial crime by adapting existing policies, norms and practices and by creating new enforcement mechanisms. The purpose of this volume is to analyse those challenges in the field of economic and financial crime from different perspectives, and to examine which particular solutions criminal justice systems across Europe give to those challenges. The volume has four parts. The first part focuses on a number of key questions with respect to substantive criminal law, whereas the second part will address issues affecting the administration of justice and criminal procedure. Part three then explores particular challenges concerning multi-agency cooperation and multi-disciplinary investigations. Finally, part four will concentrate on issues regarding shared or integrated enforcement models.
Book Synopsis EU Fair Trial Rights in Criminal Proceedings by : Valentina Covolo
Download or read book EU Fair Trial Rights in Criminal Proceedings written by Valentina Covolo and published by . This book was released on 2021 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The harmonisation of the rights of defendants in EU criminal and quasi criminal proceedings has been long overlooked in legal research. Yet it forms the bedrock of the EU Criminal Justice Area. This collection addresses that imbalance by offering a thoughtful and compelling examination of the effective implementation of defendants' rights."--
Book Synopsis International Criminal Law by : M. Cherif Bassiouni
Download or read book International Criminal Law written by M. Cherif Bassiouni and published by BRILL. This book was released on 2008 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4: Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of CriminalProceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).
Book Synopsis EU Criminal Justice, Financial & Economic Crime by : Marc Cools
Download or read book EU Criminal Justice, Financial & Economic Crime written by Marc Cools and published by Maklu. This book was released on 2011 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fifth volume of the Governance of Security (GofS) Research Paper series addresses a wide variety of topical issues focusing on European criminal justice and financial and economic crime. The first cluster of articles is concerned with European criminal justice matters particularly relating to EU mutual recognition, such as: conceptualization, unwanted effects in the context of prisoner transfer and sentence execution, impact for cross-border gathering and use of forensic expert evidence, and interrogational fairness standards. A second cluster of articles addresses the subjects of financial and economic crime, ranging from informal economy (among street children) to formal/informal economy (vulnerability of the hotel and catering industry to crime) and white collar crime phenomena like (transnational) environmental crime and corruption. A final cluster groups together a variety of selected topical issues, including juvenile offending and mental disorders, desistance theories, and sexually transmitted infections.
Book Synopsis Research Handbook on the Enforcement of EU Law by : Miroslava Scholten
Download or read book Research Handbook on the Enforcement of EU Law written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms.
Book Synopsis European White-Collar Crime by : Nicholas Lord
Download or read book European White-Collar Crime written by Nicholas Lord and published by Policy Press. This book was released on 2022-10-04 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting an original series of provocative essays, this book offers a European framing of white-collar crime. Experts from different countries foreground what is unique, innovative, or different about white-collar and corporate crimes that are so strongly connected to Europe.
Book Synopsis Essential Texts on International and European Criminal Law by : Gert Vermeulen
Download or read book Essential Texts on International and European Criminal Law written by Gert Vermeulen and published by Maklu. This book was released on 2010 with total page 1372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pocket book is comprised of the principal policy documents and multilateral legal instruments on international and European criminal law, with a special focus on Europol and Eurojust, as well as on initiatives aimed at combating international crime, organized crime, or terrorism. The sixth revised edition provides professors, students, judicial and law enforcement authorities, lawyers, and researchers with an accurate, up-to-date and low budget edition of essential texts on these matters. These texts have been ordered according to the multilateral cooperation level within which they were drawn up - either Pr�m, the European Union (comprising also Schengen-related texts), the Council of Europe, or the United Nations. Within each of these four parts, they have been included in chronological order. The book comprises 34 newly added texts, including a series of newly adopted framework decisions, the new legal framework for Eurojust and Europol, the new EU Treaties, and the Stockholm Programme. Instruments amending others have been implemented for coherence and maintaining the spirit of the amendments in spite of small technical errors in the amending instruments. The amendments included in the Council Framework Decision of 26 February 2009, on trials in absentia, have been implemented in the framework decisions concerned with an indication in a footnote as to the application date. Exceptionally, both the Convention of 26 July 1995 on the use of information technology for customs purposes (and the 2003 Protocol thereto) and the Council Decision of 30 November 2009 on the use of information technology for customs purposes have been included, because the latter will replace the current Convention and its Protocol as of 27 May 2011.
Book Synopsis EU Criminal Law after Lisbon by : Valsamis Mitsilegas
Download or read book EU Criminal Law after Lisbon written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2016-06-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor's Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant System) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK participation in Europe's area of criminal justice and the feasibility of a Europe à-la-carte in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core.
Book Synopsis Organised Crime in Europe by : Cyrille Fijnaut
Download or read book Organised Crime in Europe written by Cyrille Fijnaut and published by Springer Science & Business Media. This book was released on 2004-12-09 with total page 1068 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume represents the first attempt to systematically compare organised crime concepts, as well as historical and contemporary patterns and control policies in thirteen European countries. These include seven ‘old’ EU Member States, two ‘new’ members, a candidate country, and three non-EU countries. Based on a standardised research protocol, thirty-three experts from different legal and social disciplines provide insight through detailed country reports. On this basis, the editors compare organised crime patterns and policies in Europe and assess EU initiatives against organised crime.
Book Synopsis Crime Policy in Europe by : Council of Europe
Download or read book Crime Policy in Europe written by Council of Europe and published by Council of Europe. This book was released on 2004-01-01 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains a number of papers which highlight examples of good practice in relation to criminal policy in member states of the Council of Europe, set out under the headlines of: crime prevention, mediation and other community sanctions, the prison system, and criminal procedure. Many of the papers are written by members of the Criminological Scientific Council of the Council of Europe (CSC).
Book Synopsis EU Enforcement Authorities by : Michiel Luchtman
Download or read book EU Enforcement Authorities written by Michiel Luchtman and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU enforcement authorities are on the rise, entrusted with investigating breaches of EU law by individuals and economic actors. What are the implications for legal practice of their increasing prominence? This book explores this pertinent question from a constitutional and comparative perspective. It sets out the perimeters for composite enforcement and explores the relevant issues such as the interface between criminal and administrative law enforcement, the protection of fundamental rights and legal protection, as well as the admissibility of evidence, including unlawfully obtained evidence. Given the very real implications of the authorities' investigations, this book will appeal to practitioners and scholars, in fields from criminal law to competition and banking law.
Book Synopsis Trust and Legitimacy in Criminal Justice by : Gorazd Meško
Download or read book Trust and Legitimacy in Criminal Justice written by Gorazd Meško and published by Springer. This book was released on 2014-11-18 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores police legitimacy and crime control, with a focus on the European region. Using comparative case studies, the contributions to this timely volume examine the effects of a transition to democracy on policing, public attitudes towards police legitimacy, and the ways in which perceptions of police legitimacy relate to compliance with the law. Following these case studies, the authors provide recommendations for improving police legitimacy and controlling crime, in these particular sociopolitical environments, where the police are often associated with previous military or paramilitary roles. The techniques used by these researchers may be applied to studies for policing in other regions, with potential applications within Europe and beyond. Chapters present topical issues of crime, crime control and human emotions regarding crime, criminals, law enforcement and punishment in contemporary societies. This book will be of interest to researchers in criminology and criminal justice, as well as political science and public policy. This book is highly recommended for anyone interested in procedural justice and legitimacy, encounters between citizens and the state, the effectiveness of governmental institutions, and democratic development. It stands alone in its broad, cross-national contributions to understanding these issues. -Wesley G. Skogan, PhD, Professor of Political Science, Northwestern University, Chicago, IL, USA
Book Synopsis The Enforcement of Offender Supervision in Europe by : Miranda Boone
Download or read book The Enforcement of Offender Supervision in Europe written by Miranda Boone and published by Routledge. This book was released on 2017-11-09 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative analysis of the process of breach across ten different European jurisdictions by identifying and elaborating a number of key analytical themes through which the different systems can be compared and evaluated. It is informed by and hopes to advance the research activities of the COST Action IS1106 on Offender Supervision in Europe, particularly the Action’s work on developing new comparative methodologies to examine the process of decision-making involved in the breaching of offenders for non-compliance. This volume consists of country chapters and thematic chapters. Analyses are based on exhaustive reviews of the literature available in each jurisdiction as well as the results of an empirical pilot study to provide a unique and valuable insight into current practice as well as enhancing our understanding of the contingencies and vagaries of the processes of breach as they exist in both civil and common law European jurisdictions. The key themes and emerging concerns that are explored include: the roles and responsibilities of the different actors involved in the breach process; the degree and nature of discretion exercised by decision-makers; and legitimacy, due process and procedural requirements of breach processes both from a pan-European and from a comparative perspective. This book will be of interest to criminal lawyers and criminologists, policy makers, criminal justice practitioners, probation workers and students of criminal justice studies across Europe. Comparative insight into the decision-making processes of breach across Europe will also be of interest to American, Canadian and Australian audiences seeking comparisons with their own systems.
