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Author : BRODERSON
Publisher :
ISBN 13 : 9789462369856
Total Pages : 340 pages
Book Rating : 4.3/5 (698 download)
Download or read book The European Arrest Warrant and In Absentia Judgments written by BRODERSON and published by . This book was released on 2020-01-30 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Renata Barbosa
Publisher :
ISBN 13 : 9789462362840
Total Pages : 378 pages
Book Rating : 4.3/5 (628 download)
Download or read book European Arrest Warrant written by Renata Barbosa and published by . This book was released on 2022-04-18 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: What practical problems are at stake in current EAW surrender proceedings? The research project Improving Mutual Recognition of European Arrest Warrants through Common Practical Guidelines of which the three country reports for Greece, the Netherlands and Poland are now published, is a follow-up of an earlier project that led to the publication of The European Arrest Warrant and In Absentia Judgments, Maastricht Law Series No.12 InAbsentiEAW. This project is broader than in absentia alone and looks at various other aspects of the EAW surrender procedure that are problematic in practice. It also goes more into detail as it aims to present an alternative to the outdated Handbook for the European Arrest Warrant. This publication will be followed by a final report containing these Common Practical Guidelines. The current volume contains the country reports for Greece, the Netherlands and Poland as these countries offer a representative and interesting intersection of situations in daily practice when it comes to creating, fighting and solving problems on the EAW ImprovEAW. About the Maastricht Law Series: Created in 2018 by Boom juridisch and Eleven International Publishing in association with the Maastricht University Faculty of Law, the Maastricht Law Series publishes books on comparative, European and International law. The series builds upon the tradition of excellence in research at the Maastricht Faculty of Law, its research centers and the Ius Commune Research School. The Maastricht Law Series is a peer reviewed book series thatallows researchers an excellent opportunity to showcase their work.
Author : Rob Blekxtoon
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067041812
Total Pages : 300 pages
Book Rating : 4.0/5 (418 download)
Download or read book Handbook on the European Arrest Warrant written by Rob Blekxtoon and published by T.M.C. Asser Press. This book was released on 2004-11-25 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 13 June 2002 the Framework Decision on the European Arrest Warrant and Surrender Procedures between Member States of the European Union (EAW) was adopted by the Council of the European Union. The Framework Decision must be implemented by all current and future members of the European Union in their respective legal systems. This handbook offers an introduction to the EAW, its origin and its implications. It sets out the history of extradition as a legal system and compares the EAW with the old system. It includes the full text of the EAW with commentaries per paragraph. Attention is paid to procedural rules as well as to special issues, such as the principles of reciprocity and mutual trust, ne bis in idem, verdicts in absentia and the double criminality rule. The relation of EAW with other relevant legal instruments, including those concerning human rights and procedural safeguards, is also covered.
Author : Rob Blekxtoon
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067045872
Total Pages : 0 pages
Book Rating : 4.0/5 (458 download)
Download or read book Handbook on the European Arrest Warrant written by Rob Blekxtoon and published by T.M.C. Asser Press. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a Preface by António Vitorino, Member of the European Commission responsible for Justice and Home Affairs. On 13 June 2002 the Framework Decision on the European Arrest Warrant and Surrender Procedures between Members States of the European Union (EAW) was adopted by the Council of the European Union. The Framework Decision is to be implemented by all current and future members of the European Union in their respective legal systems. The new surrender regime replaces the system of extradition between the Member States. The present Handbook offers an introduction to the EAW, its origin and its implications. The book sets out on the history of extradition as a legal system and compares the EAW with the old system. It includes the full text of the EAW with commentaries per paragraph. Attention is paid to procedural rules as well as to special issues, such as the principles of reciprocity and mutual trust, ne bis in idem, verdicts in absentia and the double criminality rule. The relation of the EAW with other relevant legal instruments, including those concerning human rights and procedural safeguards, is also covered. A keyword index enhances the accessibility of the book. The Handbook on the European Arrest Warrant is written by legal experts – practitioners and academics – for government officials, judges and public prosecutors, legal practitioners, academics and everyone else involved in the implementation of the EAW on the national level. Judge Rob Blekxtoon was Presiding Judge of the Extradition Division of the Amsterdam District Court for more than eighteen years and was charged with establishing the Surrender Division of that Court, which is designated to handle all surrender cases in the Netherlands.
Author : André Klip
Publisher :
ISBN 13 : 9789462363274
Total Pages : 0 pages
Book Rating : 4.3/5 (632 download)
Download or read book Improving the European Arrest Warrant written by André Klip and published by . This book was released on 2022-12-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ImprovEAW-project concerns European Arrest Warrant proceedings in seven Member States (Belgium, Greece, Hungary, Ireland, the Netherlands, Poland and Romania). Maastricht Law Series No. 23 contains the country reports for Greece, the Netherlands and Poland. ImprovEAW is a follow up to an earlier project that focused on In Absentia Judgments (Maastricht Law Series No. 12). This book looks at various other aspects of the EAW surrender procedure that are problematic in practice, such as the information to be provided in the European arrest warrant, the status of the issuing authority and differences in implementation in the Member States. It also goes more into detail as it aims to present an alternative to the European Commission's outdated Handbook on how to issue and execute a European arrest warrant. This study ends with a proposal to create a procedure that complies with the demands of a dual level of protection, which takes place after arrest of the requested person in the executing Member State. The present research report is completed with a hands-on set of Common Practical Guidelines on issuing and executing EAWs for practitioners.
Author : Serena Quattrocolo
Publisher : Springer
ISBN 13 : 3030011860
Total Pages : 744 pages
Book Rating : 4.0/5 (3 download)
Download or read book Personal Participation in Criminal Proceedings written by Serena Quattrocolo and published by Springer. This book was released on 2019-01-21 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.
Author : Libor Klimek
Publisher : Springer
ISBN 13 : 3319073389
Total Pages : 375 pages
Book Rating : 4.3/5 (19 download)
Download or read book European Arrest Warrant written by Libor Klimek and published by Springer. This book was released on 2014-09-23 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the European arrest warrant as a successful and effective instrument for 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 the European arrest warrant. The book analyses its genesis, main features, surrender procedure, case law, implementation and the latest developments. Instead of focusing solely on a criminal law approach, it also considers the subject from the perspective of European Union law and constitutional law.
Author : Nico Keijzer
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067045636
Total Pages : 0 pages
Book Rating : 4.0/5 (456 download)
Download or read book The European Arrest Warrant in Practice written by Nico Keijzer and published by T.M.C. Asser Press. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the European Arrest Warrant (EAW) system, Member States of the European Union are under the obligation to arrest and surrender individuals upon the request of judicial authorities of other Member States. In doing this, it is important that human rights are respected and that there is room for national peculiarities. Awareness of what unites the Member States as well as respect for what makes them different, are prerequisites for a fruitful cooperation. This book will be a useful tool for those involved as practitioners in cooperating under the EAW scheme, e.g. judicial authorities, judges, and counsel representing and advising those who are subject to surrender. Moreover, it will evoke academic interest for its information on EAW practice. The reader will find comments on the various stages of the surrender procedure in a chronological order, starting with the content of the European Arrest Warrant, continuing with the refusal grounds, and ending with the consequences of surrender. The scope of the book goes beyond the frontiers of the European Union. Two chapters deal with other (regional) extradition systems: the one of the Nordic countries and the one of the United States. Nico Keijzer is a former justice in the Supreme Court of the Netherlands, and emiritus Professor of international criminal law at Tilburg University, the Netherlands. Elies van Sliedregt is Professor of criminal law at the VU University in Amsterdam, the Netherlands.
Author : Remy Farrell
Publisher :
ISBN 13 : 9781905536344
Total Pages : 400 pages
Book Rating : 4.5/5 (363 download)
Download or read book The European Arrest Warrant in Ireland written by Remy Farrell and published by . This book was released on 2011-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines in detail, the practice and procedure surrounding the European arrest warrant and its application in Ireland. Surrender under the European Arrest Warrant Act, 2003 has replaced extradition under Parts II and III of the Extradition Act, 1965 as the principal mode of extradition in Europe. The 2003 Act has been operational since 2004 and there are now in excess of 100 written decisions in relation to its operation. A significant number of decisions have finally made the way to the Supreme Court as a result of which many issues can now be regarded as reasonably well settled law for the first time. In addition, there have been a number of recent decisions from the European Court of Justice in relation to the manner in which the Framework Decision ought to be approached by domestic courts in construing domestic legislation. The number of applications under the 2003 Act has roughly doubled each year and is likely to continue to increase as EU Member States attempt to implement the new procedures in place.
Author : Kai Ambos
Publisher :
ISBN 13 : 1107119693
Total Pages : 705 pages
Book Rating : 4.1/5 (71 download)
Download or read book European Criminal Law written by Kai Ambos and published by . This book was released on 2018-06-07 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: European criminal law faces many challenges in harmonising states' criminal justice systems. This book presents a systematic analysis of this legal area and examines the difficulties involved.
Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)
Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Author : Miguel João Costa
Publisher :
ISBN 13 : 9789004411197
Total Pages : 0 pages
Book Rating : 4.4/5 (111 download)
Download or read book Extradition Law written by Miguel João Costa and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains an exhaustive analysis of extradition law and offers innovative perspectives thereon. It departs from both the classic paradigm and the mutual recognition approach, producing a new model based on respect for other States' criminal justice idiosyncrasies.
Author : Council of Europe
Publisher : Council of Europe
ISBN 13 : 9789287107640
Total Pages : 88 pages
Book Rating : 4.1/5 (76 download)
Download or read book Explanatory Report on the European Convention on the Transfer of Proceedings in Criminal Matters written by Council of Europe and published by Council of Europe. This book was released on 1972-01-01 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: Convention opened for signature on 15.5.72
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 : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314945
Total Pages : 364 pages
Book Rating : 4.8/5 (473 download)
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 364 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.
Author : Caleb H. Wheeler
Publisher : BRILL
ISBN 13 : 9004376860
Total Pages : 333 pages
Book Rating : 4.0/5 (43 download)
Download or read book The Right to Be Present at Trial in International Criminal Law written by Caleb H. Wheeler and published by BRILL. This book was released on 2018-10-18 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses how the right to be present is understood by international criminal courts and tribunals in the context of the right to a fair trial.
Author : Auke Willems
Publisher : Bloomsbury Publishing
ISBN 13 : 1509924566
Total Pages : 352 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Principle of Mutual Trust in EU Criminal Law written by Auke Willems and published by Bloomsbury Publishing. This book was released on 2021-02-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.
