The European Arrest Warrant In Ireland

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The European Arrest Warrant in Ireland

Author : Remy Farrell
Publisher :
ISBN 13 : 9781905536344
Total Pages : 400 pages
Book Rating : 4.5/5 (363 download)

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Book Synopsis The European Arrest Warrant in Ireland by : Remy Farrell

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.

European Arrest Warrants

Author : Justice (Society)
Publisher :
ISBN 13 : 9780907247548
Total Pages : 0 pages
Book Rating : 4.2/5 (475 download)

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Book Synopsis European Arrest Warrants by : Justice (Society)

Download or read book European Arrest Warrants written by Justice (Society) and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European arrest warrant (EAW) came into force in 2004. It brought in radical change to the extradition process across the European Union. This has led to vast numbers of speedy hearings and surrenders. The EAW was originally promoted as a weapon in the fight against serious cross border crime, but warrants are requested for a wide range of offences and sentence lengths. They may also relate to alleged crimes that occurred many years ago. There has been much discussion about the merits of the EAW. To date, the majority of reviews have focussed on the legislation and implementing laws. But, in spite of the mechanism afforded for doing so in the enacting legislation, little attention has been given to how a requested person may go about defending an EAW. This report is the culmination of a two year study reviewing the opportunities to defend a warrant in practice. The study has looked in detail at the operation of the EAW in ten EU member states - Denmark, Germany, Greece, Ireland, Italy, Netherlands, Poland, Portugal, Sweden and the UK. It has reviewed cases from the perspective of the defence and made assessments of whether it is possible to put forward an effective defence to an EAW request.-Back cover.

EU Law in Ireland

Author : Elaine Fahey
Publisher :
ISBN 13 : 9781905536306
Total Pages : 0 pages
Book Rating : 4.5/5 (363 download)

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Book Synopsis EU Law in Ireland by : Elaine Fahey

Download or read book EU Law in Ireland written by Elaine Fahey and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Irish legal order, there is a rapid increase in the amount of case law on European Union law. This book analyzes the key case laws, texts, and commentaries in a diversity of EU law-related subject areas, and it provides an up-to-date and comprehensive collection of materials on EU law. The standard published texts in EU law do not include any materials as to the Irish legal order, and research considering the operation of EU law in the national courts has frequently excluded data as to Ireland on the basis of a paucity of case law. However, in recent years, there has been a major increase in case law in this area from the Irish Superior Courts and a large increase in EU Regulations and Directives in Irish law. A collection of key case law and materials is now a timely one. A mini-schedule of relevant primary legislation and constitutional texts are included in the book, which will be of major interest to students, academics, practitioners, and government/public servants.

The Law of Evidence in Ireland

Author : Caroline Fennell
Publisher : Bloomsbury Publishing
ISBN 13 : 1526504928
Total Pages : 942 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis The Law of Evidence in Ireland by : Caroline Fennell

Download or read book The Law of Evidence in Ireland written by Caroline Fennell and published by Bloomsbury Publishing. This book was released on 2020-07-16 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Evidence in Ireland explores the development of a particular Irish dimension to evidence scholarship, grounded in the constitutional concept of fairness and influenced by the case law of the ECHR. The phenomenon and impact of the non jury Special Criminal Court are considered, as are legislative changes targeting organised crime and sexual offences, as well as developments facilitating forensic testing as part of criminal investigation and evidence, under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014. Now in its fourth edition, this text has been updated with new sections including: - A look at judicial consideration of fairness in the pre-trial process in light of a changing societal context and delivery on the accused's right to fair trial, as reflected in analysis of Supreme Court decisions such as JC and Dwyer - The developing concept of transnational fairness in facing the challenge of cooperation in combating crime and instruments such as the European Arrest Warrant reflected in cases such as Celmer - The changing approach of Irish courts to traditional rules including those relating to expert witness testimony, evidence of bad character and prior misconduct, as well as assertions of new headings of privilege The text is of interest to all those working in the Irish legal system, the criminal legal system in particular, as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts.

Criminal Litigation

Author : Maura Butler
Publisher : Oxford University Press, USA
ISBN 13 : 0199588791
Total Pages : 343 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Criminal Litigation by : Maura Butler

Download or read book Criminal Litigation written by Maura Butler and published by Oxford University Press, USA. This book was released on 2012 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Litigation is a comprehensive guide to the evidential and procedural rules and skills of criminal litigation and advocacy. The manual provides effective practice knowledge of the fundamental elements of criminal procedure, with an emphasis on client care issues. It discusses the role of the solicitor at all stages of the criminal process, where the case is disposed of in either the District Court or the Superior Courts. Procedure is explained from both a prosecution and a defence perspective, beginning with arrest and proceeding to trial and beyond, in a sequential manner that reflects the criminal justice process. The law on regulatory crime sometimes referred to as white collar or corporate crime is distinguished, at a time when legislation in this area is being enacted. This third edition has been extensively revised to include new chapters on regulatory crime, bail law and the European arrest warrant procedure. It is essential reading for trainee solicitors on the Professional Practice Course, and an excellent resource for Irish legal practitioners and other actors in the criminal justice system. Online Resource Centre Changes and developments in the area will be covered by regular updates to the Online Resource Centre.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

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.

Improving the European Arrest Warrant

Author : André Klip
Publisher :
ISBN 13 : 9789462363274
Total Pages : 0 pages
Book Rating : 4.3/5 (632 download)

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Book Synopsis Improving the European Arrest Warrant by : André Klip

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.

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

Author : Council of Europe
Publisher : Council of Europe
ISBN 13 : 9789287107640
Total Pages : 88 pages
Book Rating : 4.1/5 (76 download)

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

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

Defending Checks and Balances in EU Member States

Author : Armin von Bogdandy
Publisher : Springer Nature
ISBN 13 : 366262317X
Total Pages : 478 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Defending Checks and Balances in EU Member States by : Armin von Bogdandy

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

Criminal Legislation in Ireland

Author : Lynn O'Sullivan
Publisher : Bloomsbury Publishing
ISBN 13 : 1526509040
Total Pages : 2408 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Criminal Legislation in Ireland by : Lynn O'Sullivan

Download or read book Criminal Legislation in Ireland written by Lynn O'Sullivan and published by Bloomsbury Publishing. This book was released on 2019-09-26 with total page 2408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Legislation in Ireland, 3rd edition consolidates the most important and frequently-utilised pieces of criminal legislation and facilitates easy reference to legislation for criminal practitioners and students alike. It allows easy access to recent pieces of legislation, as well as incorporating amendments to older Acts, thereby saving time and keeping practitioners up to date. The text also contains older legislation, which is not easily accessible on the internet. The book consolidates a large volume of legislation allowing easy access to what can be considered the most widely used pieces of criminal legislation and incorporates recent amendments and updated versions of Acts. New to this edition: Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 Fines (Payment and Recovery) Act 2014 Children (Amendment) Act 2015 Criminal Justice (Burglary of Dwellings) Act 2015 Misuse of Drugs (Amendment) Act 2015 Misuse of Drugs (Amendment) Act 2016 Proceeds of Crime (Amendment) Act 2016 Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 Criminal Justice Act 2017 Criminal Law (Sexual Offences) Act 2017 Criminal Justice (Corruption Offences) Act 2018 Domestic Violence Act 2017

European Criminal Law

Author : Kai Ambos
Publisher :
ISBN 13 : 1107119693
Total Pages : 705 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis European Criminal Law by : Kai Ambos

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.

Extradited

Author : Andrew Symeou
Publisher : Biteback Publishing
ISBN 13 : 1849549281
Total Pages : 280 pages
Book Rating : 4.8/5 (495 download)

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Book Synopsis Extradited by : Andrew Symeou

Download or read book Extradited written by Andrew Symeou and published by Biteback Publishing. This book was released on 2015-05-12 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2003: The European Arrest Warrant (EAW) is introduced under the Extradition Act. A mechanism intended to facilitate the speed and ease with which criminals are brought to justice, it prevents British courts from considering any evidence before extraditing a person wanted by the authorities of another European member state - a mechanism open to abuse and error. 2007: Eighteen-year-old Andrew Symeou travels to Greek island Zante to celebrate the end of exams with friends. While there, another British boy is punched in a nightclub and tragically dies two days later. The pair had never met and Andrew was in another nightclub at the time. Greek police beat witnesses, fabricate statements and pin the crime on a man from a photograph - one taken on a different night to the incident. 2008: Andrew is arrested at his north London home by British police with an EAW. He is wanted for murder. Private Eye described the Greek investigation as 'flawed, contradictory and in places ludicrous'. A British coroner slammed it as being 'a misguided effort to solve the crime'. Regardless, a British court was unable to prevent his extradition and, despite never having been questioned by police and publicly protesting his innocence, Andrew was thrown into a Greek prison with hardened criminals. He spent almost a year awaiting trial in truly horrific conditions, encountering violence, drugs, racism and rioting - the most extreme of which he witnessed in the infamous Korydallos Prison. ln 2011, Andrew was acquitted as the Greek police's case unravelled. Extradited is the honest, moving, yet witty account of Andrew's incredible fight for justice.

Unsafe Haven

Author : Karen McElrath
Publisher : Pluto Press (UK)
ISBN 13 : 9780745313177
Total Pages : 180 pages
Book Rating : 4.3/5 (131 download)

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Book Synopsis Unsafe Haven by : Karen McElrath

Download or read book Unsafe Haven written by Karen McElrath and published by Pluto Press (UK). This book was released on 2000 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: For almost two hundred years the United States has been a safe haven for Irish political prisoners seeking refuge. More recently however the US government has sought deportation, extradition and prosecution to exclude Irish republicans from the country. In the first book to focus on the relationship between these tools of exclusion and US foreign policy, Karen McElrath examines why this change has come about and the extent to which the granting of political asylum in the US is influenced by relations with Britain and other countries.Karen McElrath questions US government attempts to portray an impartial role in the Irish conflict, arguing that historical and contemporary evidence reveals otherwise. She shows that, far from being a neutral process, the success of bids for political asylum often depends on the relationship between the US and the government of the applicant's country of origin. Drawing on exclusive interviews with Irish Republicans who have faced deportation or extradition from the United States, or who have been prosecuted in the US for politically-motivated offences, McElrath explores the links between deportation and extradition outcomes and foreign policy issues. The tools of exclusion are defined in their historical context, and the history of US extradition law is described, with particular focus on the treaties with Britain. McElrath also examines the offences for which Irish and Irish-American Republicans have been charged, discusses the various levels of support for Irish political prisoners in the US, and summarises the findings by international human rights organisations.

Convention Européenne Pour la Répression Du Terrorisme

Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (676 download)

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Book Synopsis Convention Européenne Pour la Répression Du Terrorisme by :

Download or read book Convention Européenne Pour la Répression Du Terrorisme written by and published by . This book was released on 1986 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

EU Criminal Justice and the Challenges of Diversity

Author : Renaud Colson
Publisher : Cambridge University Press
ISBN 13 : 1107096588
Total Pages : 295 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis EU Criminal Justice and the Challenges of Diversity by : Renaud Colson

Download or read book EU Criminal Justice and the Challenges of Diversity written by Renaud Colson and published by Cambridge University Press. This book was released on 2016-09-29 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume examines how diversity in Member States' legal cultures is being addressed in the development of EU criminal justice.

The European Arrest Warrant in Practice

Author : Nico Keijzer
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067042932
Total Pages : 464 pages
Book Rating : 4.0/5 (429 download)

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Book Synopsis The European Arrest Warrant in Practice by : Nico Keijzer

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 2009-03-19 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: the EU Member States are equally authoritative, which leads to serious compli- tions. After all, translations are always inferior to the original texts. The conclusion by Advocate-General Kokott in the Pupino case may lead to a practical solution: just use the language/text that reflects the intention of the drafters of the Fra- work Decision most clearly, regardless of the ‘nationality’ of the case. In the case of the EAW Framework Decision the French text is more authentic than any other text: reliable information from Brussels has taught me that all language versions have been translated from the French. Moreover, the negotiations on this Fra- work Decision were mostly in French. And so I can now return, with a clear conscience, to my natural state: easygoing if not actually lazy. Judge Rob Blekxtoon VII Chapter 0 INTRODUCTION We, Europeans, are participants in the shaping of Europe as a political, cultural and constitutional community, a common home in a messy world. We, lawyers, are responsible for channelling this process and for guarding balance. The balance we have to guard is between the three identities of every European citizen: his or her European, national and individual identity. For our European identity to bloom, it is necessary that our national and individual identities also bloom.

Bringing International Fugitives to Justice

Author : David A. Sadoff
Publisher : Cambridge University Press
ISBN 13 : 1107129281
Total Pages : 725 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Bringing International Fugitives to Justice by : David A. Sadoff

Download or read book Bringing International Fugitives to Justice written by David A. Sadoff and published by Cambridge University Press. This book was released on 2016-12-24 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives.