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Mutual Recognition In The Third Pillar Of Eu Law
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Book Synopsis Mutual Recognition in the Third Pillar of EU Law by : Jim Duffy
Download or read book Mutual Recognition in the Third Pillar of EU Law written by Jim Duffy and published by . This book was released on 2007 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a marked increase in legislative activity in the Third Pillar of the European Union -- Cooperation in Police and Judicial Matters. The author argues that the Union's development in this area is symptomatic of its approach to human rights generally, whereby they are subordinated to the goal of economic integration. There is, in particular, an inherent tension between human rights and the principle of mutual recognition of judgments, the so-called "cornerstone of cooperation" in the Third Pillar. This internal market principle compromises the Union's capacity to ensure that human rights are protected in criminal law and procedure, and causes "irritation" in the law itself. Using examples of mutual recognition measures already adopted in this area, the author demonstrates that mutual recognition does not work and that it hinders effective human rights protection. He suggests that the EU focus instead upon harmonising national standards whilst protecting human rights.
Book Synopsis The Principle of Mutual Recognition in EU Law by : Christine Janssens
Download or read book The Principle of Mutual Recognition in EU Law written by Christine Janssens and published by OUP Oxford. This book was released on 2013-10-31 with total page 1970 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.
Book Synopsis The Ne Bis in Idem Principle in EU Law by : Bas van Bockel
Download or read book The Ne Bis in Idem Principle in EU Law written by Bas van Bockel and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal principle of ne bis in idem restricts the possibility of a defendant being prosecuted repeatedly on the basis of the same offence, act, or facts. This book describes obstacles that stand in the way of a single, autonomous, and uniformly applicable general ne bis in idem principle of EU law.
Book Synopsis Legal Issues of European Integration by :
Download or read book Legal Issues of European Integration written by and published by . This book was released on 1997 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Taming the Third Pillar by : Monica den Boer
Download or read book Taming the Third Pillar written by Monica den Boer and published by . This book was released on 1998 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Mutual Recognition of Judicial Decisions in European Criminal Law by : Libor Klimek
Download or read book Mutual Recognition of Judicial Decisions in European Criminal Law written by Libor Klimek and published by Springer. This book was released on 2016-12-09 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.
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]
Book Synopsis Security Versus Freedom? by : Thierry Balzacq
Download or read book Security Versus Freedom? written by Thierry Balzacq and published by Routledge. This book was released on 2016-04-01 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the viewpoint of migration and asylum policy and the fight against terrorism, justice and home affairs is a key policy area. It is also an area that raises important challenges and questions with regard to the preservation of fundamental freedoms. This engaging volume examines the emerging European Union area of freedom, security and justice at a time when key policy priorities are taking shape within the EU. Bringing together contributors from different backgrounds, the volume is ideal for students and scholars of European studies, law, political science, political theory and sociology.
Book Synopsis The Lisbon Treaty Versus Standing Still by : Alicia Hinarejos
Download or read book The Lisbon Treaty Versus Standing Still written by Alicia Hinarejos and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across national borders, voices against the Lisbon Treaty have argued that ratification of this document would bring about undesirable changes in the nature of the European Union and the way it operates. These voices believe that there is nothing wrong with the Union at present ('if it ain't broke, don't fix it') or that, although the Union is in fact broke, it cannot be fixed with the Lisbon Treaty. Either way, the result is a belief that not doing anything is preferable to ratifying the Lisbon Treaty. This paper shows that, contrary to such belief, it is precisely not doing anything that will allow the most undesirable changes to happen in what is arguably the most sensitive and fast-developing area of the EU, the third pillar. The paper will argue that the way in which third pillar law is being considered and applied by national courts varies and that these discrepancies epitomize an evolution that is likely to culminate in third pillar law being treated in the same way as first pillar law, and more specifically allowing it to have primacy over national law as a matter of EU law. This may come as a result of changes in national judicial attitudes, ECJ case-law or a combination of both. Since, in the absence of the Lisbon Treaty, this evolution would not come paired with other necessary changes, it would be liable to cause a grave imbalance in the constitutional structure of the Union and would lead to gaps in judicial protection and, possibly, a re-ignition of the conflict between national constitutional courts and the European Court of Justice (ECJ). If, on the other hand, the change in the nature of third pillar law from 'weak' public international law to 'strong' EC law takes place as a result of an all-embracing treaty overhaul (as it would be the case were the Lisbon Treaty to be ratified), it will come together with an extension of the system of judicial protection that will ensure an unproblematic transition.
Book Synopsis Avenir de la Reconnaissance Mutuelle en Matière Pénale Dans L'Union Européenne by : Gisèle Vernimmen-Van Tiggelen
Download or read book Avenir de la Reconnaissance Mutuelle en Matière Pénale Dans L'Union Européenne written by Gisèle Vernimmen-Van Tiggelen and published by Université de Bruxelles. This book was released on 2009 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the EU's fast-growing Area of Freedom, Security and justice, the principle of mutual recognition should play a key rote in the field of judicial cooperation in criminal matters. Since mutual recognition was enshrined as a cornerstone of judicial cooperation in the EU by the European Council of Tampere in 1999, an increasing number of binding instruments based on this principle have been adopted in the framework of the EU's Third Pillar. The considerable impact of those instruments on national criminal legal systems has often required a major effort by Member States in adjusting their national legislation so that it complies with the new mechanisms agreed at EU level. What are the real difficulties encountered by Member States in the transposition of these legislative texts into national law and, even earlier, when the texts are being negotiated within the Council of the EU? What tessons can be learned from the early years of their practical implementation by the competent judicial authorities? And, above ail, what will be the future rote and scope of the principle of mutual recognition in criminal matters in Europe? The entry into force of the Lisbon Treaty and the adoption of a new multi-annual programme (replacing the Hague Programme) to strengthen the EU's Area of Freedom, Security and Justice are both pending. In this crucial time of transition and uncertainty, the book seeks to provide answers to the above questions and many other related issues. Through its country by country approach covering the vast majority of the Member States, it intends to provide policymakers, practitioners, academics and researchers with a comprehensive analysis of the problems that have emerged and the solutions envisaged by each State in their implementation of mutual recognition instruments. The country chapters are followed by a final EU-wide analysis that seeks to identify common themes and obstacles and to consider future options and possible scenarios. The whole study, based on in-depth research combined with interviews conducted with hundreds of practitioners and experts from across the EU, amounts to a remarkable team performance carried out together with academics and researcher members of ECLAN (European Criminal Law Academic Network).
Book Synopsis EU Justice and Home Affairs: Institutional and policy development by : Gert Vermeulen
Download or read book EU Justice and Home Affairs: Institutional and policy development written by Gert Vermeulen and published by Maklu. This book was released on 2014-02-03 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: affairs, well-embedded in a broader international context. The main part of the book, dedicated to the EU, is therefore preceded by a part on cooperation in the given area on the level of Schengen respectively the Council of Europe, without a proper understanding of which the development and functioning of the EU would be hard to fully grasp. Before addressing the actual policy dimension, all parts start with a historical introduction and a sketch of the institutional structures and functioning. Students and professionals in law, political science and criminology, and every one interested in European criminal policy making may find this book relevant or insightful.
Book Synopsis EU Criminal Law by : Valsamis Mitsilegas
Download or read book EU Criminal Law written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2009-03-16 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.
Book Synopsis The Principle of Mutual Recognition in EU Law by : Christine Janssens
Download or read book The Principle of Mutual Recognition in EU Law written by Christine Janssens and published by . This book was released on 2013 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the principle of mutual recognition in the EU legal order, this volume asks whether the principle as developed in the internal market can and should be applied in judicial cooperation in criminal matters in the area of freedom, security and justice.
Book Synopsis Justice, Home Affairs and Security. European and international institutional and policy development by : G. Vermeulen
Download or read book Justice, Home Affairs and Security. European and international institutional and policy development written by G. Vermeulen and published by Maklu. This book was released on 2017-02-15 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an insight into the historical, institutional and topical development of the EU policy in the areas of justice, home affairs and security, well-embedded in a broader international context. The main part of the book, dedicated to the EU, is therefore preceded by a part on relevant cooperation on the Benelux and Schengen levels and followed by a part on cooperation in the areas concerned on Council of Europe, NATO, OSCE, G8, OECD and UN levels. Without a proper understanding of those cooperation levels, the development and functioning of the EU would be hard to fully grasp. Before addressing the actual policy dimension, all parts start with a historical introduction and a sketch of institutional structures and functioning. For students and professionals in criminology, law and political science, and every one interested in European and international criminal policy making this book will prove relevant or insightful.
Book Synopsis Research Handbook on the Politics of EU Law by : Paul J. Cardwell
Download or read book Research Handbook on the Politics of EU Law written by Paul J. Cardwell and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a wealth of thought-provoking insights, this topical Research Handbook analyses the interplay between the law and politics of the EU and examines the role of law and legal actors in European integration.
Book Synopsis EU Counterterrorism Policy by : Oldrich Bures
Download or read book EU Counterterrorism Policy written by Oldrich Bures and published by Routledge. This book was released on 2016-04-22 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although there is a vast body of literature covering the ongoing debates concerning the novelty and gravity of the contemporary terrorist threat, as well as the most appropriate response to it, few authors have thus far analysed the complex set of counterterrorism measures that both the individual Member States and the European Union (EU) have attempted to develop. This volume offers a critical analysis of the measures the European Union has taken to combat terrorism and how, in a number of key areas, EU counterterrorism policy is more of a paper tiger than an effective counterterrorism device. Several legal EU counterterrorism instruments have not been properly implemented at the national level and questions have been raised regarding their effectiveness, appropriateness, and proportionality. The capabilities of EU agencies in the area of counterterrorism remain rather weak and the EU Counterterrorism Coordinator does not have any real powers apart from persuasion. However, this does not mean that EU level action cannot offer any value-added in the fight against terrorism. There are several areas where the EU can provide genuine value-added in the fight against terrorism due to the transnational nature of the contemporary terrorist threat and the nature of a borderless Europe.
Book Synopsis The Emergence of EU Criminal Law by : Sarah J Summers
Download or read book The Emergence of EU Criminal Law written by Sarah J Summers and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal law can no longer be neatly categorised as the product and responsibility of domestic law. That this is true is emphasised by the ever-increasing amount of legislation stemming from the European Union (EU) which impacts, both directly and indirectly, on the criminal law. The involvement of the EU institutions in the substantive criminal laws of its Member States is of considerable legal and political significance. This book deals with the emerging EU framework for creating, harmonising and ensuring the application of EU criminal law. This book aims to highlight some of the consequences of EU involvement in the criminal law by examining the provisions which have been adopted in the field of information and communications technology. It provides an overview of the criminal law competence of the EU and evaluates the impact of these developments on the criminal laws of the Member States. It then goes on to consider the EU legislation which requires Member States to regulate matters such as data protection, e-security, intellectual property and various types of illegal content through the criminal law is analysed. In the course of this evaluation, particular consideration is given to issues such as the basis on which the EU institutions establish the need for criminal sanctions, the liability of service providers and the extent to which the Member States have adhered to, or departed from, the legislation in the course of implementation.
