Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53)

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Publisher : Maklu
ISBN 13 : 9046608409
Total Pages : 245 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53) by : Martyna Kusak

Download or read book Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53) written by Martyna Kusak and published by Maklu. This book was released on 2017-01-26 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any effort to gather evidence may prove pointless without ensuring its admissibility. Nevertheless, the EU, while developing instruments for smooth gathering of evidence in criminal matters, is not taking much effort to enhance its admissibility. Due to the lack of common rules in this matter, gathering and use of evidence in the EU cross-border context is still governed by the domestic law of the member states concerned. This may lead to situations where, given the differences between legal systems across the EU, evidence collected in one member state will not be admissible in other member states. Due to the fact that the Lisbon Treaty opened the possibility to adopt minimum rules concerning, among other things, the mutual admissibility of evidence, this research investigates the concept of minimum standards designed to enhance mutual admissibility of evidence in the EU. Through a study of two investigative measures, telephone tapping and house search, the author examines whether coming to various common minimum standards is feasible and whether compliance with these standards would finally shape the as yet nonexistent concept of the free movement and mutual recognition of evidence in criminal matters in the EU. Essential reading for both national and EU policy makers, scholars and practitioners involved in cross-border gathering of evidence in the EU.

Contagion, Counter-Terrorism and Criminology

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Publisher : Springer Nature
ISBN 13 : 3030123227
Total Pages : 162 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Contagion, Counter-Terrorism and Criminology by : Claire Hamilton

Download or read book Contagion, Counter-Terrorism and Criminology written by Claire Hamilton and published by Springer Nature. This book was released on 2019-08-21 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the impact of post 9/11 counter-terrorism laws outside of the counter-terrorism context, a process described here as ‘contagion’. It does so via a detailed empirical examination of the impact of counter-terrorism measures on the criminal justice systems of three selected EU countries with varying histories and experience of terrorism, namely, the UK, France and Poland. In particular, the book explores the synergistic relationship between counter-terrorism measures and control measures aimed at ‘ordinary’ crimes and asks what the implications are for the direction of travel of the criminal law in general. It probes the hegemonic power of terrorism and the securitisation agenda more broadly and discusses the implications for criminology as a discipline – does it, for example, have a role in social contestation of contagion? This book will be suitable for academics and students interested in political violence, terrorism and counterterrorism as well as practitioners and experts working in the area.

Jihadism, Foreign Fighters and Radicalization in the EU

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Author :
Publisher : Routledge
ISBN 13 : 0429887884
Total Pages : 278 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Jihadism, Foreign Fighters and Radicalization in the EU by : Inmaculada Marrero Rocha

Download or read book Jihadism, Foreign Fighters and Radicalization in the EU written by Inmaculada Marrero Rocha and published by Routledge. This book was released on 2018-11-20 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jihadism, Foreign Fighters and Radicalization in the EU addresses the organizational and strategic changes in terrorism in Europe as a result of urban jihadism and the influx of foreign fighters of European nationality or residence. Examining the different types of responses to the treatment of radicalization and its consequences in the recruitment of young urban fighters and jihadists, this book offers a framework for understanding the process of violent radicalization. It critically analyses political and legal responses that have taken place within the European framework, whilst also examining a series of functional responses from social and behavioural psychology. This book then goes on to develop an explanatory model from an economic standpoint, exploring the need to adapt the fight against the financing of terrorism to the changes in the sources of financing jihadist cells and foreign fighters. Furthermore, the volume draws on experience from the prison sector to assess the process of radicalization and the possibilities of intervention. Taking an interdisciplinary approach, this book will be of great interest to students of terrorism and counter-terrorism, radicalization, European politics, radical Islam and security studies.

The Disqualification Triad

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Publisher : Maklu
ISBN 13 : 9046605213
Total Pages : 343 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis The Disqualification Triad by : Gert Vermeulen

Download or read book The Disqualification Triad written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)

Defence Rights

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Publisher : Maklu
ISBN 13 : 904660571X
Total Pages : 140 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Defence Rights by : Gert Vermeulen

Download or read book Defence Rights written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing internationalization and Europeanization of criminal procedures has created new challenges to traditional defense rights. Hence, the Ghent Bar Association, the Bar Association of The Hague, and Ghent University have joined forces, exploring and addressing these challenges during an international conference held in Ghent in November 2012. This book examines the various topics presented at the conference. Whereas international criminal tribunals - especially the International Criminal Court (ICC) - should play an exemplary role when it comes to the right to fair trial and adequate access to a lawyer, reality proves to be troublesome. In this respect, the book addresses key issues: What is the status quaestionis of the defense position and procedural rights before international criminal tribunals, more specifically the ICC? Has the Rome Statute lived up to its expectations after a decade of its application? Can defense before international tribunals keep functioning without a Bar? What are the needs for such a defense to be adequate, knowing that it balances on the borderline between the Anglo-Saxon legal system and the Northern European system? At the same time, defense and procedural rights are developing as a result of different EU Directives which have been or are now being negotiated. This is of major importance to every penalist, even in strictly national cases. The book presents and critically assesses the entire EU 'roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.' The EU Directives on the right to information in criminal procedure, the right of access to a lawyer in criminal proceedings, and the right to communicate upon arrest - which are about to revolutionize traditional domestic criminal procedural law - are assessed. Further, the book addresses the important implications and challenges for the legal position of detainees as a result of the recent Framework Decision on the mutual recognition of custodial sentences and measures involving deprivation of liberty. Finally, awareness is raised concerning the future of procedural rights in the framework of cross-border evidence gathering and admissibility. The book will be essential reading for both defense practitioners and scholars taking an interest in defense and procedural rights in criminal matters.

European Environmental Law

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Publisher :
ISBN 13 :
Total Pages : 488 pages
Book Rating : 4.:/5 (51 download)

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Book Synopsis European Environmental Law by : J. H. Jans

Download or read book European Environmental Law written by J. H. Jans and published by . This book was released on 2000 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This leading monograph on European Environmental Law now completely updated and revised. Taking into account the changes of the 'Amsterdam Treaty', new case law of the Court of Justice and recent environmental directives and regulations. Prof. Jans acclaimed book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EC environmental policy and on what principles are directives and regulations based upon? To what extent preclude EC environmental directives more stringent national environmental standards? What are the requirements the Court of Justice has imposed on the Member States implementing environmental directives? To what extent can European environmental law be relied upon and challenged before national courts and the Court of Justice? How do the Treaty rules on the Internal Market and undistorted competition interfere with national environmental policy? Answers to these questions can be found in prof. Jans' book. The book discusses all major environmental directives and regulations, integrating important judgments of the Court of Justice on their interpretation. Various national case law on the application of European environmental law is being taken into account. About the author: Prof. Jans (1956) teaches EU law at the Europa Instituut of the law faculty of the University of Amsterdam. He is a member of the Dutch Commission on Environmental Impact Assessment, Vice-Chairman of the Appeal Committee of the Dutch Cartel Authority, and honorory judge at the Assen District Court. He is also member of the editorial boards of the Journal of Environmental Law, SEW, Legal Issues of Economic Integration and The Columbia Journal of European Law.

The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings

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Publisher : Springer Nature
ISBN 13 : 3030431231
Total Pages : 440 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings by : Lorena Bachmaier Winter

Download or read book The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings written by Lorena Bachmaier Winter and published by Springer Nature. This book was released on 2020-06-10 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.

Strategies Against Human Trafficking

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Publisher :
ISBN 13 : 9783902670199
Total Pages : 514 pages
Book Rating : 4.6/5 (71 download)

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Book Synopsis Strategies Against Human Trafficking by : Cornelius Friesendorf

Download or read book Strategies Against Human Trafficking written by Cornelius Friesendorf and published by . This book was released on 2009 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rethinking International Cooperation in Criminal Matters in the EU

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Author :
Publisher : Maklu
ISBN 13 : 904660487X
Total Pages : 769 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Rethinking International Cooperation in Criminal Matters in the EU by : Gert Vermeulen

Download or read book Rethinking International Cooperation in Criminal Matters in the EU written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the European Union, international cooperation in criminal matters has grown exponentially over the past few decades. Importantly, there are a wide variety of authorities involved therein, rendering the traditional distinction between police and judicial cooperation as outdated. Furthermore, its rapid growth exposed this policy field to inconsistencies and incoherence. Additionally, despite the wave of new legislation, important lacunae can be identified, setting important challenges for the future. The combination of these issues clarifies the title of this book: there is a pressing need to rethink international cooperation in criminal matters. In answer to a call from the European Commission, the contributors of this book have designed a comprehensive methodological framework to review the entirety of international cooperation in criminal matters, combining desktop reviews, expert consultations, Member State questionnaires, and focus group meetings in each of the Member States to obtain a comprehensive overview of the currently experienced obstacles and future policy options that are both needed and feasible. Over 150 individuals from different backgrounds contributed to the study, including academics, lawyers, policy makers, police, customs, intelligence services, prosecution, judiciary, correctional authorities, Ministries of Justice, and Home Affairs. The book provides an overview of the research findings and the recommendations formulated. These findings include, but are not limited to: (1) a helicopter view on cooperation with criminal justice finality, (2) a clear demarcation of the role of the judicial authorities, (3) a comprehensive review of refusal grounds, including proportionality and capacity concerns, (4) an assessment of gaps in the current body of instruments regulating international cooperation in criminal matters and possible remedies thereto, (5) a well-considered further development of Eurojust, and (6) ensuring EU wide effect of mere domestic actions. This book represents the first overall analysis of the entirety of international cooperation in criminal matters in the EU. As essential reading, it is an analysis that moves beyond the actors, bringing logic back, footed in reality. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 42)

Shaping Rights in the ECHR

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Publisher : Cambridge University Press
ISBN 13 : 1107729696
Total Pages : 379 pages
Book Rating : 4.1/5 (77 download)

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Book Synopsis Shaping Rights in the ECHR by : Eva Brems

Download or read book Shaping Rights in the ECHR written by Eva Brems and published by Cambridge University Press. This book was released on 2014-01-23 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.

Reason and Fairness

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Publisher : BRILL
ISBN 13 : 9004393722
Total Pages : 676 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Reason and Fairness by : Ulrike Müßig

Download or read book Reason and Fairness written by Ulrike Müßig and published by BRILL. This book was released on 2019-07-08 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reason and Fairness offers a comparative history of the functionality of ordinary judicial competences, contemporary findings of its protective needs in the court internal and external spheres and completed by means of raising historical arguments in modern conventional law.

Human Rights in Criminal Proceedings

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199271207
Total Pages : 611 pages
Book Rating : 4.2/5 (712 download)

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Book Synopsis Human Rights in Criminal Proceedings by : Stefan Trechsel

Download or read book Human Rights in Criminal Proceedings written by Stefan Trechsel and published by Oxford University Press, USA. This book was released on 2005 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last 50 years interest in human rights has grown dramatically. Whilst newspapers focus mainly on dramatic issues: unlawful killing, torture, disappearances, or violations of freedom of speech; institutions charged with the implementation of human rights (as set out in international conventions and covenants) most frequently deal with allegations of human rights violations during criminal proceedings. The increasing internationalization of the administration of criminal law means that such cases are likely to become ever more important. In this book, the case-law of the international bodies dealing with such cases is presented and critically examined by an author who has contributed to its creation for almost a quarter of a century. The European Commission and European Court of Human Rights, in particular, have accumulated a considerable quantity of case-law, which is particularly interesting because it is intended to be valid in both Anglo-Saxon and Continental systems of criminal procedure.The law of the European Convention is emphasized because of its advanced procedures and the quality and quantity of its case-law. The book will be of interest to all scholars, practitioners, and students of international criminal law.

International Conference for Innovation in Biomedical Engineering and Life Sciences

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Publisher : Springer
ISBN 13 : 9811002665
Total Pages : 327 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis International Conference for Innovation in Biomedical Engineering and Life Sciences by : Fatimah Ibrahim

Download or read book International Conference for Innovation in Biomedical Engineering and Life Sciences written by Fatimah Ibrahim and published by Springer. This book was released on 2015-11-26 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volumes presents the proceedings of ICIBEL 2015, organized by the Centre for Innovation in Medical Engineering (CIME) under Innovative Technology Research Cluster, University of Malaya. It was held in Kuala Lumpur, Malaysia, from 6-8 December 2015. The ICIBEL 2015 conference promotes the latest researches and developments related to the integration of the Engineering technology in medical fields and life sciences. This includes the latest innovations, research trends and concerns, challenges and adopted solution in the field of medical engineering and life sciences.

European Penology?

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782251294
Total Pages : 384 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis European Penology? by : Tom Daems

Download or read book European Penology? written by Tom Daems and published by Bloomsbury Publishing. This book was released on 2013-05-17 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there something distinctive about penology in Europe? Do Europeans think about punishment and penal policy in a different way to people in other parts of the globe? If so, why is this the case and how does it work in practice? This book addresses some major and pressing issues that have been emerging in recent years in the interdisciplinary field of 'European penology', that is, a space where legal scholarship, criminology, sociology and political science meet - or should meet - in order to make sense of punishment in Europe. The chapters in European Penology? have been written by leading scholars in the field and focus in particular on the interaction of European academic penology and national practice with European policies as developed by the Council of Europe and, increasingly, by the European Union.

Image Processing, Analysis, and Machine Vision

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Publisher : Arden Shakespeare
ISBN 13 : 9780495244387
Total Pages : 829 pages
Book Rating : 4.2/5 (443 download)

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Book Synopsis Image Processing, Analysis, and Machine Vision by : Milan Sonka

Download or read book Image Processing, Analysis, and Machine Vision written by Milan Sonka and published by Arden Shakespeare. This book was released on 2008 with total page 829 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The European Court of Human Rights and its Discontents

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 178254612X
Total Pages : 241 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis The European Court of Human Rights and its Discontents by : Spyridon Flogaitis

Download or read book The European Court of Human Rights and its Discontents written by Spyridon Flogaitis and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.

Law Enforcement by EU Authorities

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786434636
Total Pages : 416 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Law Enforcement by EU Authorities by : Miroslava Scholten

Download or read book Law Enforcement by EU Authorities written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.