The Nature of Mutual Recognition in European Law

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Publisher :
ISBN 13 : 9781780683263
Total Pages : 414 pages
Book Rating : 4.6/5 (832 download)

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Book Synopsis The Nature of Mutual Recognition in European Law by : Wouter van Ballegooij

Download or read book The Nature of Mutual Recognition in European Law written by Wouter van Ballegooij and published by . This book was released on 2015-07-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is substantial disagreement in academic literature over how to address the tensions between the application of mutual recognition and the safeguarding of individual rights, particularly in the EU's criminal justice arena. This book investigates those tensions by re-examining the nature of mutual recognition in European law from an individual rights perspective. A key question is the role played by mutual recognition in the process of reconciling free movement and other interests. The book contains a comparative analysis of mutual recognition in the internal market and the 'area of freedom, security, and justice.' It assesses mutual recognition in the context of the aims of both areas, as well as the principles of European law and norms laid down in primary/secondary EU law. The analysis follows mutual recognition in the fields of product requirements, professional qualifications, and judicial decisions in criminal matters. The book concludes that the core function of mutual recognition has been obscured by assertions made by EU policy makers regarding its consequences, which fail to distinguish between policy objectives, integration methods, and legal obligations. This has also led to a debate among academics and an interpretation of mutual recognition by the Court of Justice which presents an unnecessary conflict between the application of mutual recognition and the safeguarding of individual rights. It is argued that, for mutual recognition to have a stable future in the EU criminal justice area, clarity regarding its aims is urgently required and individual rights need to be enhanced, both in judicial cooperation measures and through harmonization of suspects' rights in criminal proceedings. (Series: Ius Commune Europaeum - Vol. 138) [Subject: European Law, Human Rights Law, Criminal Justice]

Mutual Legal Assistance Agreement with the European Union

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Publisher :
ISBN 13 :
Total Pages : 418 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Mutual Legal Assistance Agreement with the European Union by : European Union

Download or read book Mutual Legal Assistance Agreement with the European Union written by European Union and published by . This book was released on 2006 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International cooperation in criminal matters

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Publisher :
ISBN 13 : 9783406525728
Total Pages : 2449 pages
Book Rating : 4.5/5 (257 download)

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Book Synopsis International cooperation in criminal matters by : Wolfgang Schomburg

Download or read book International cooperation in criminal matters written by Wolfgang Schomburg and published by . This book was released on 2006 with total page 2449 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transnational Evidence and Multicultural Inquiries in Europe

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Publisher : Springer Science & Business Media
ISBN 13 : 3319025708
Total Pages : 231 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Transnational Evidence and Multicultural Inquiries in Europe by : Stefano Ruggeri

Download or read book Transnational Evidence and Multicultural Inquiries in Europe written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-12-12 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.

Reinforcing Rule of Law Oversight in the European Union

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Publisher : Cambridge University Press
ISBN 13 : 1107108888
Total Pages : 357 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Reinforcing Rule of Law Oversight in the European Union by : Carlos Closa

Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

Rethinking Nordic Courts

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Publisher : Springer Nature
ISBN 13 : 3030748510
Total Pages : 311 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Rethinking Nordic Courts by : Laura Ervo

Download or read book Rethinking Nordic Courts written by Laura Ervo and published by Springer Nature. This book was released on 2021-08-01 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.

Explanatory Report on the European Convention on the Transfer of Proceedings in Criminal Matters

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (642 download)

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Book Synopsis Explanatory Report on the European Convention on the Transfer of Proceedings in Criminal Matters by :

Download or read book Explanatory Report on the European Convention on the Transfer of Proceedings in Criminal Matters written by and published by . This book was released on 1972 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Treaty of Lisbon amending the treaty establishing the European Union and the treaty establishing the European Community, including the protocols and annexes, and final act with declarations

Download The Treaty of Lisbon amending the treaty establishing the European Union and the treaty establishing the European Community, including the protocols and annexes, and final act with declarations PDF Online Free

Author :
Publisher : The Stationery Office
ISBN 13 : 9780101729420
Total Pages : 300 pages
Book Rating : 4.7/5 (294 download)

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Book Synopsis The Treaty of Lisbon amending the treaty establishing the European Union and the treaty establishing the European Community, including the protocols and annexes, and final act with declarations by : Great BritainForeign and Commonwealth Office

Download or read book The Treaty of Lisbon amending the treaty establishing the European Union and the treaty establishing the European Community, including the protocols and annexes, and final act with declarations written by Great BritainForeign and Commonwealth Office and published by The Stationery Office. This book was released on 2007-12-17 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dated December 2007

Territorial Cohesion

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Publisher : Springer Science & Business Media
ISBN 13 : 3540717463
Total Pages : 175 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis Territorial Cohesion by : Dietmar Scholich

Download or read book Territorial Cohesion written by Dietmar Scholich and published by Springer Science & Business Media. This book was released on 2009-11-04 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Territorial cohesion" strives for a more balanced spatial development and seeks to improve integration throughout the EU. The scientific articles in this volume examine the interpretations of this term, the challenges of European spatial development policy, and the problems and concepts involved in achieving territorial cohesion. Two short reports illustrate the implementation of territorial cohesion on the basis of two research projects.

The accession of the European Union to the European Convention on Human Rights

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Publisher : Council of Europe
ISBN 13 : 9287179700
Total Pages : 107 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis The accession of the European Union to the European Convention on Human Rights by : Johan Callewaert

Download or read book The accession of the European Union to the European Convention on Human Rights written by Johan Callewaert and published by Council of Europe. This book was released on 2014-01-01 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.

The EU Common Security and Defence Policy

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Publisher : OUP Oxford
ISBN 13 : 0191655899
Total Pages : 369 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The EU Common Security and Defence Policy by : Panos Koutrakos

Download or read book The EU Common Security and Defence Policy written by Panos Koutrakos and published by OUP Oxford. This book was released on 2013-03-21 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting the first analytical overview of the legal foundations of the EU's Common Security and Defence Policy (CSDP), this book provides a detailed examination of the law and practice of the EU's security policy. The European Union's security and defence policy has long been the focus of political scientists and international relations experts. However, it has more recently become of increasing relevance to lawyers too. Since the early 2000s, the EU has carried out more than two dozen security and defence missions in Europe, Africa, and Asia. The EU institutions are keen to stress the security dimension of other external policies also, such as development cooperation, and the Lisbon Treaty introduces a more detailed set of rules and procedures which govern the CSDP. This book provides a legal analysis of the Union's CSDP by examining the nexus of its substantive, institutional, and economic dimensions. Taking as its starting point the historical development of security and defence in the context of European integration, it outlines the legal framework created by the rules and procedures introduced by the Treaty of Lisbon. It examines the military operations and civilian missions undertaken by the Union, and looks at the policy context within which they are carried out. It analyses the international agreements concluded in this field and explores the links between the CSDP and other external policies of the Union.

The ABC of European Union Law

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Publisher : Office for Official Publications of the European Communities
ISBN 13 :
Total Pages : 140 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis The ABC of European Union Law by : Klaus-Dieter Borchardt

Download or read book The ABC of European Union Law written by Klaus-Dieter Borchardt and published by Office for Official Publications of the European Communities. This book was released on 2010 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.

Digest of United States Practice in International Law 2006

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Publisher : Oxford University Press
ISBN 13 : 0195339487
Total Pages : 1421 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Digest of United States Practice in International Law 2006 by : Sally J. Cummins

Download or read book Digest of United States Practice in International Law 2006 written by Sally J. Cummins and published by Oxford University Press. This book was released on 2008-01-17 with total page 1421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-published by Oxford University Press and the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, this annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field. Each annual edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisons, Senate committee reports and press releases. All of the documents which are excerpted in the Digest are selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to practitioners and scholars. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text.

The Area of Freedom, Security and Justice Ten Years on

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Publisher :
ISBN 13 : 9789461380340
Total Pages : 0 pages
Book Rating : 4.3/5 (83 download)

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Book Synopsis The Area of Freedom, Security and Justice Ten Years on by : Elspeth Guild

Download or read book The Area of Freedom, Security and Justice Ten Years on written by Elspeth Guild and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU's AFSJ. Book jacket.

The European Union and Human Rights

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Publisher : BRILL
ISBN 13 : 9004482423
Total Pages : 351 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The European Union and Human Rights by : Nanette A. Neuwahl

Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Europe's Foreign and Security Policy

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Publisher : Cambridge University Press
ISBN 13 : 9780521538619
Total Pages : 312 pages
Book Rating : 4.5/5 (386 download)

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Book Synopsis Europe's Foreign and Security Policy by : Michael E. Smith

Download or read book Europe's Foreign and Security Policy written by Michael E. Smith and published by Cambridge University Press. This book was released on 2004 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of a common security and foreign policy has been one of the most contentious issues accompanying the integration of the European Union. In this book, Michael Smith examines the specific ways foreign policy cooperation has been institutionalized in the EU, the way institutional development affects cooperative outcomes in foreign policy, and how those outcomes lead to new institutional reforms. Smith explains the evolution and performance of the institutional procedures of the EU using a unique analytical framework, supported by extensive empirical evidence drawn from interviews, case studies, official documents and secondary sources. His perceptive and well-informed analysis covers the entire history of EU foreign policy cooperation, from its origins in the late 1960s up to the start of the 2003 constitutional convention. Demonstrating the importance and extent of EU foreign/security policy, the book will be of interest to scholars, researchers and policy-makers.

Schwarz on Tax Treaties

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403526319
Total Pages : 870 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Schwarz on Tax Treaties by : Jonathan Schwarz

Download or read book Schwarz on Tax Treaties written by Jonathan Schwarz and published by Kluwer Law International B.V.. This book was released on 2021-09-28 with total page 870 pages. Available in PDF, EPUB and Kindle. Book excerpt: Schwarz on Tax Treaties is the definitive analysis of tax treaties from United Kingdom and Irish perspectives and provides in-depth expert analysis of the interpretation and interaction of those treaty networks with the European Union and international law. The sixth edition significantly develops the earlier work with enhanced commentary and is updated to include the latest UK, Irish domestic and treaty developments, international and EU law, including: Covered Tax Agreements modified by the BEPS Multilateral Instrument; judicial decisions of Ireland, the UK and foreign courts on UK and Irish treaties; Digital Services Tax; treaty binding compulsory arbitration; Brexit and the EU-UK Trade and Cooperation Agreement; taxpayer rights in exchange of information; taxpayer rights in EU cross-border collection of taxes; attribution of profits to permanent establishments; and EU DAC 6 Disclosure of cross-border planning. Case law developments including: UK Supreme Court in Fowler v HMRC; Indian Supreme Court in Engineering Analysis Centre of Excellence Private Limited and Others v CIT; Australian Full Federal Court in Addy v CoT; French Supreme Administrative Court in Valueclick; English Court of Appeal in Irish Bank Resolution Corporation v HMRC; JJ Management and others v HMRC; United States Tax Court in Adams Challenge v CIR; UK Tax Tribunals in Royal Bank of Canada v HMRC; Lloyd-Webber v HMRC; Esso Exploration and Production v HMRC; Glencore v HMRC; McCabe v HMRC; Padfield v HMRC; Davies v HMRC; Uddin v HMRC; English High Court in Minera Las Bambas v Glencore; Kotton v First Tier Tribunal; and CJEU in N Luxembourg I, and others (the ‘Danish beneficial ownership cases’); État belge v Pantochim; College Pension Plan of British Columbia v Finanzamt München; HB v Istituto Nazionale della Previdenza Sociale. About the Author Jonathan Schwarz BA, LLB (Witwatersrand), LLM (UC Berkeley), FTII is an English Barrister at Temple Tax Chambers in London and is also a South African Advocate and a Canadian and Irish Barrister. His practice focuses on international tax disputes as counsel and as an expert and advises on solving cross-border tax problems. He is a Visiting Professor at the Faculty of Law, King’s College London University. He has been listed as a leading tax Barrister in both the Legal 500, for international corporate tax, and Chambers’ Guide to the Legal Profession, for international transactions and particular expertise in transfer pricing. He has been lauded in Who’s Who Legal, UK Bar for his ‘brilliant’ handling of cross-border tax problems. In Chambers Guide, he is identified as ‘the double tax guru’ with ‘extraordinary depth of knowledge and experience when it comes to tax treaty issues and is a creative thinker and a clear and meticulous writer’.