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Author :
Publisher :
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.:/5 (128 download)
Download or read book Criminal Procedure Systems in the European Community written by and published by . This book was released on 1993 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Roberto E. Kostoris
Publisher : Springer
ISBN 13 : 3319724622
Total Pages : 450 pages
Book Rating : 4.3/5 (197 download)
Download or read book Handbook of European Criminal Procedure written by Roberto E. Kostoris and published by Springer. This book was released on 2018-04-12 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Christine van den Wyngaert
Publisher : Bloomsbury Professional
ISBN 13 : 9780406022769
Total Pages : 408 pages
Book Rating : 4.0/5 (227 download)
Download or read book Criminal Procedure Systems in the European Community written by Christine van den Wyngaert and published by Bloomsbury Professional. This book was released on 1993-01-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Until recently, there was relatively little interest in comparative criminal procedure, which may be explained by the fact that criminal procedure, more than any other legal discipline, resists harmonisation. However, the problems Member States face these days are largely identical: a general increase in crime, an insufficiency of financial means for the different enforcement levels, increasing complexity of legislation and the fact that the general public seems to be gradually losing confidence in the criminal justice system. There is a growing need for an understanding of foreign criminal justice systems within the European community. This book seeks to contribute to a greater knowledge by offering a general introduction to the criminal procedure systems of the Member States of the EC. It will be of great interest to students, practitioners - who tend to be increasingly confronted with cases involving foreign criminal justice systems, and lawyers."
Author : Maria Fletcher
Publisher : Edward Elgar Publishing
ISBN 13 : 1848443889
Total Pages : 251 pages
Book Rating : 4.8/5 (484 download)
Download or read book EU Criminal Law and Justice written by Maria Fletcher and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . this book fills a significant gap in the English-language literature and must be read by all who seek to understand why profound reflection is needed on the theoretical underpinnings of EU criminal justice. Samuli Miettinen, Journal of Common Market Studies The book contains a number of interesting arguments and comments on the development of EU criminal law. . . the authors efforts to provide a generalist book in this ever-growing, increasingly important and still under-researched field of EU law must be welcomed. Valsamis Mitsilegas, The Edinburgh Law Review Today, EU criminal law and justice constitutes a significant body of law potentially affecting most aspects of criminal justice. This book provides a comprehensive, accessible yet analytically challenging account of the institutional and legal developments in this field to date. It also includes full consideration of the prospective changes to EU criminal law contained in the recent Lisbon Treaty . While, broadly speaking, the authors welcome the objectives of EU criminal law, they call for a profound rethinking of how the good of criminal justice however defined is to be delivered to those living in the EU. At present, despite sometimes commendable initiatives from the institutions responsible, the actual framing and implementation of the Area of Freedom, Security and Justice (AFSJ) suffers from a failure to properly consider the theoretical implications of providing the good of criminal justice at the EU level. Written shortly before the recent entry into force of the Lisbon Treaty, EU Criminal Law and Justice comprises a full overview of the key legal developments and debates and includes a user-friendly guide to the institutional changes contained in the Treaty. This timely book will be of interest to both undergraduate and postgraduate students, as well as to legal practitioners and policy makers at national and EU levels.
Author : Great Britain: Parliament: House of Lords: European Union Committee
Publisher : The Stationery Office
ISBN 13 : 9780108475825
Total Pages : 52 pages
Book Rating : 4.4/5 (758 download)
Download or read book The European Union's policy on criminal procedure written by Great Britain: Parliament: House of Lords: European Union Committee and published by The Stationery Office. This book was released on 2012-04-26 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasing mobility within the EU will have the consequence that more EU citizens will find themselves in the criminal justice system of another Member State, either as defendants or victims. This is likely to involve dealing with the consequences of traumatic events in a foreign language in the context of a very different legal system.Until recently the EU has done little to protect the rights of defendants and victims caught up in crime with a cross-border dimension. However the Lisbon Treaty has opened the way for this to be put right and two Roadmaps of planned legislation are now in place, for defendants and for victims.In this Report the Committee looks at the early Roadmap proposals and examines the potential benefit that they can possibly bring. Also examined is the disadvantage of potential disruption to diverse and sensitive national criminal law systems.There is significant benefit to be gained from EU legislation setting minimum rights for defendants and victims, particularly for British citizens travelling within the EU. However, those minimum rights must be firmly grounded in international law norms, to minimise the risk of disrupting the UK criminal law systems.Although the Commission is looking towards a more expansive EU criminal law policy The Committee considers that the Roadmap legislation should be put in place and its impact assessed before moving forward any further. It encourages the Government to take a positive approach in principle to exercising the UK opt-in to Roadmap legislation
Author : Tommaso Rafaraci
Publisher : Springer
ISBN 13 : 3319973193
Total Pages : 212 pages
Book Rating : 4.3/5 (199 download)
Download or read book EU Criminal Justice written by Tommaso Rafaraci and published by Springer. This book was released on 2018-12-13 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.
Author : Joanna Beata Banach-Gutierrez
Publisher : Routledge
ISBN 13 : 1317427602
Total Pages : 317 pages
Book Rating : 4.3/5 (174 download)
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 317 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.
Author : Katalin Ligeti
Publisher : Bloomsbury Publishing
ISBN 13 : 178225045X
Total Pages : 1096 pages
Book Rating : 4.7/5 (822 download)
Download or read book Toward a Prosecutor for the European Union Volume 1 written by Katalin Ligeti and published by Bloomsbury Publishing. This book was released on 2012-12-17 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's Office. This two volume work presents the results of a study carried out by a group of European criminal law experts in 2010-2012, with the financial support of the EU Commission, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume 1 begins with thorough descriptions of 20 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues that will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition and decentralised enforcement of European competition law. Volume 2 (which will be published in 2013) presents a draft set of model rules for the procedure of the European Public Prosecutor's Office and continues with a set of comparative studies of the national legal systems that cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file and victim reconciliation. Volume 2 concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform.
Author : Andrea Ryan
Publisher : Routledge
ISBN 13 : 1317671171
Total Pages : 317 pages
Book Rating : 4.3/5 (176 download)
Download or read book Towards a System of European Criminal Justice written by Andrea Ryan and published by Routledge. This book was released on 2014-06-05 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the developing landscape of a European criminal justice sphere comes an increasing imperative for scholars and practitioners to gain some insight into the diversity that exists in the criminal justice systems of European Union Member States. This book explores the mutual admissibility of evidence; a facet of EU criminal justice that is proving difficult to realise. While the Lisbon Treaty places the issue of mutual admissibility of evidence squarely on the agenda, the EU instruments to date have not succeeded in achieving this goal. Andrea Ryan argues that part of the reason for this failure is that while the mutual recognition instruments have focussed on the issue of gathering evidence and safeguarding suspects’ rights, they have not addressed how evidence is to be presented and contested at trial. Drawing upon case studies from Ireland, France and Italy, and adopting a legal cultural perspective, and enriched by the author’s observations of criminal trials, the book presents a detailed analysis of the developments to date in EU criminal justice and evidence law. By examining evidence practices the book asks whether the inquisitorial and accusatorial traditions within the EU systems are too irreconcilable to achieve a system of mutual admissibility of evidence. The book will be of great interest and use to academics and practitioners with an interest in European and comparative criminal justice, criminal procedure, human rights and socio-legal studies.
Author : Renaud Colson
Publisher : Cambridge University Press
ISBN 13 : 1316720683
Total Pages : 295 pages
Book Rating : 4.3/5 (167 download)
Download or read book EU Criminal Justice and the Challenges of Diversity written by Renaud Colson and published by Cambridge University Press. This book was released on 2016-09-29 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Criminal Justice and the Challenges of Diversity examines how questions of cultural difference between Member States' legal traditions are being constructed, addressed, and resolved in the development of the European Area of Freedom, Security, and Justice. The volume brings together leading socio-legal scholars and criminal justice professors from eight European countries and combines analytical approaches rooted in the social sciences with more normative approaches based on legal doctrine. It examines the construction of a common European criminal policy, explores some of the paths that may be followed by the EU in seeking to cope with national diversity in the field of criminal justice, and finally provides some insights into various forms of legal and cultural resistance offered by Member States to the European harmonisation process. In so doing, it bridges disciplinary boundaries between law and social sciences, and draws in a range of perspectives from around Europe.
Author : André Klip
Publisher :
ISBN 13 : 9781780680019
Total Pages : 0 pages
Book Rating : 4.6/5 (8 download)
Download or read book European Criminal Law written by André Klip and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: European criminal law is explained as a multi-level field of law, in which the European Union has a normative influence on substantive criminal law, criminal procedure and on the co-operation between Member States. This book aims to describe the contours of the emerging criminal justice system of the European Union and to present a coherent picture of the legislation enacted and the case law on European Union Level and its influence on national criminal law and criminal procedure. Among the topics and questions covered in this book are the following: What does mutual recognition mean in the context of the European Arrest Warrant? How can European Union law be invoked by an accused? When is the Charter of Fundamental Freedoms applicable in national criminal proceedings? These and other pertinent questions are dealt with on the basis of an-in-depth analysis of the case law of the Court of Justice and legislation. In addition, the book challenges the reader to assess the mutual (and sometimes conflicting) influence of European Union law and national criminal law respectively and explains how European Union law will usually prevail although national criminal law still remains relevant. The book covers a wealth of court decisions and legal instruments making European Criminal Law, written for practitioners, academics and students, an invaluable source for every European and criminal lawyer This second updated and extended edition covers all recent developments since the entry into force of the Treaty of Lisbon in 2009. Book jacket.
Author : Francesca Ruggieri
Publisher : Springer Science & Business Media
ISBN 13 : 3642371523
Total Pages : 237 pages
Book Rating : 4.6/5 (423 download)
Download or read book Criminal Proceedings, Languages and the European Union written by Francesca Ruggieri and published by Springer Science & Business Media. This book was released on 2013-08-28 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book “Criminal proceedings, languages and the European Union: linguistic and legal issues” – the first attempt on this subject – deals with the current situation in the jurislinguistic studies, which cover comparative law, language and translation, towards the aim of the circulation of equivalent legal concepts in systems which are still very different from one another. In the absence of common cultures and languages, in criminal procedure it is possible to distinguish features that are typical of common law systems and features that are typical of civil law systems, according to the two different models of adversarial and inquisitorial trials. Therefore, the most problematic challenges are for the European Union legislator to define generic measures that can be easily implemented at the national level, and for the individual Member States to choose corresponding domestic measures that can best implement these broad definitions, so as to pursue objectives set at the European level. In this scenario, the book assesses the new framework within which criminal lawyers and practitioners need to operate under the Lisbon Treaty (Part I), and focuses on the different versions of its provisions concerning cooperation in criminal matters, which will need to be implemented at the national level (Part III). The book analyses the issues raised by multilingualism in the EU decision-making process and subsequent interpretation of legal acts from the viewpoint of all the players involved (EU officials, civil, penal and linguistic lawyers: Part II), explores the possible impact of the EU legal acts concerning environmental protection, where the study of ascending and descending circulation of polysemantic words is especially relevant (Part IV), and investigates the new legal and linguistic concepts in the field of data retention, protection of victims, European investigation orders and coercive measures (Part V).
Author : Mireille Delmas-Marty
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041103109
Total Pages : 368 pages
Book Rating : 4.1/5 (31 download)
Download or read book What Kind Or Criminal Policy for Europe? written by Mireille Delmas-Marty and published by Martinus Nijhoff Publishers. This book was released on 1996-10-23 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe is caught between the extreme diversity of national systems and the increasing complexity of supranational institutions. Some fear the worst. They claim that diversity is linked to insecurity because, from one country to another, the sanction for the same crime varies considerably. Several years' experience has shown in cases of transborder crimes, that the development of mutual assistance pacts improves the efficiency of the national systems. Beyond that, it seems inevitable that at least in the area of frauds against Community financial interests, we will arrive at a system of Community penal and administrative sanctions to meet the demand of the European Parliament, on the condition that the sanctions respect the democratic principles of legality and an independent judiciary. Starting from the plurality of European legal sources (Community law, the Conventions of the Council of Europe, the Schengen Accords, the Conference on Security and Cooperation) and their underlying logic (national interests European interests, security/protection of the fundamental rights), this volume examines their impact on the subjects of the Maastricht Treaty. After describing practices of control and sanction, as well as procedures and guarantees, it tackles the ultimate question of common guiding principles. The bet being that, beyond the bottom line of current penal policy, could be the design for - in the singular, no longer the plural - a criminal policy for the Europe of tomorrow.
Author : Florian Geyer
Publisher : Routledge
ISBN 13 : 1317057937
Total Pages : 364 pages
Book Rating : 4.3/5 (17 download)
Download or read book Security versus Justice? written by Florian Geyer and published by Routledge. This book was released on 2016-04-01 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most dynamic areas of EU law since the great changes brought to the EU constitutional order by the Amsterdam Treaty in 1999 has been cooperation in the fields of policing and criminal justice. Both fields have already been the subject of substantial legislative effort in the EU and an increasing amount of judicial activity in the European Court of Justice. In 2007 - after the Constitutional Treaty of 2004 failed - the new Reform Treaty planned very substantive changes to these policies. Bringing together a wide-ranging set of topics and contributors, this book enables readers to understand these changes by examining three key questions: how did we get to the Reform Treaty; what have been - and still are - the key struggles in competence; and how do the changes fit into the transformation of police and judicial cooperation in criminal matters in the EU?
Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259880
Total Pages : 340 pages
Book Rating : 4.7/5 (822 download)
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 340 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.
Author : Mark A. Summers
Publisher : BRILL
ISBN 13 : 9004632441
Total Pages : 221 pages
Book Rating : 4.0/5 (46 download)
Download or read book The Criminal Process and Human Rights written by Mark A. Summers and published by BRILL. This book was released on 2023-11-27 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The title of this work illustrates the two difficulties which the chosen theme poses, difficulties which arise from the confrontation between collective and individual interests. On the one hand, the criminal process is based on the protection of society; on the other hand, human rights implies respect for all individuals implicated in that process, be they victim, witness or accused. A third difficulty arises in relation to the new influence of European law. While the right to judge has long appeared to be the most obvious indication of national sovereignty, it is now subject to supranational control and a State can be censured by the European Court of Human Rights. Part One of this volume analyses the period of reform in various Eastern and Western European countries; Part Two explores the debate among jurists, historians, sociologists and philosophers on the subject of the criminal trial in a democratic society. Finally, Part Three reflects on the issue within the context of the European Community and the European Council and explores the question of a future model for the European criminal trial. Professor Mireille Delmas-Marty teaches at l'Université de Paris I - Panthéon Sorbonne and is a member of l'Institut Universitaire de France. She is the editor of The European Convention for the Protection of Human Rights, International Protection versus National Restrictions (Martinus Nijhoff Publishers, 1992.)
Author : Merita Kettunen
Publisher : Springer Nature
ISBN 13 : 3030161749
Total Pages : 278 pages
Book Rating : 4.0/5 (31 download)
Download or read book Legitimizing European Criminal Law written by Merita Kettunen and published by Springer Nature. This book was released on 2019-11-08 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines how and according to which principles the enactment of European criminal legislation is legitimate. The approach adopted here focuses on the constitutionalization of criminal law (i.e., the growing importance of constitutional elements of the EU legal order and the ECHR regime within criminal law). Further, it shows how and why criminal law has a unique nature, and why it should not be equated with other fields of EU law.The book explains the basic research questions and methodologies, before turning to the nature of criminal law at the level of national law, and addressing the different levels of justification for criminal law. Further, it examines the most prominent features of European criminal law and the difference between general EU law and EU criminal law, as well as the theoretical ideals for European constitutional structures and criminal law. Examples of how the law in practice might not always be in keeping with these normative ideals serve to round out the coverage.
