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The Principle Of Mutual Recognition In Eu Law
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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 408 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 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 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 742 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 Principles of Mutual Recognition in the European Integration Process by : F. Schioppa
Download or read book The Principles of Mutual Recognition in the European Integration Process written by F. Schioppa and published by Springer. This book was released on 2005-05-31 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mutual Recognition (MR) implies that each Member State is free to use the standards for production it prefers but cannot inhibit the import from other Member States lawfully using other standards, unless justified by emergency reasons. The home country rule then prevails on the host country. Barriers to entry diminish, competition rises in the internal market. This volume looks at a number of aspects of MR, including why its importance cannot be understood outside the general practice of free movement and how some elements of MR already emerge in the skilled labour market of professionals.
Book Synopsis The Principle of Mutual Trust in EU Criminal Law by : Auke Willems
Download or read book The Principle of Mutual Trust in EU Criminal Law written by Auke Willems and published by Hart Publishing. This book was released on 2020 with total page 312 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"--
Book Synopsis The Principle of Mutual Trust in EU Criminal Law by : Auke Willems
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.
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 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.
Book Synopsis Understanding EU Law by : Norbert Reich
Download or read book Understanding EU Law written by Norbert Reich and published by Intersentia nv. This book was released on 2003 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book is not an introduction to European Law. It provides an understanding of methodology, objectives and principles of EU law. It tries to explain its legal peculiarities, particularly with regard to the concept of internal market. It takes as starting point its liberal roots enshrined in the free movement, competition and autonomy provisions, but focuses equally on the development of countervailing principles about citizenship, adequate standards, and governance. It refers selectively to important secondary law, in particular directives, and to leading cases of the European Court of Justice. It is directed at all law scholars, students, practitioners, political scientists, in the old and new Member countries of the EU as well as third countries who want to understand what EU law is all about. It will allow the reader a first orientation, without suffocating him or her in too much detail.
Book Synopsis Solidarity in EU Law by : Andrea Biondi
Download or read book Solidarity in EU Law written by Andrea Biondi and published by Edward Elgar Publishing. This book was released on 2018 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.
Book Synopsis The Principle of Loyalty in EU Law by : Marcus Klamert
Download or read book The Principle of Loyalty in EU Law written by Marcus Klamert and published by Oxford University Press. This book was released on 2014 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.
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 Environmental Integration in Competition and Free-Movement Laws by : Julian Nowag
Download or read book Environmental Integration in Competition and Free-Movement Laws written by Julian Nowag and published by Oxford University Press. This book was released on 2016-11-10 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Integration in Competition and Free-Movement Laws engages in a comprehensive analysis of the obligation of Article 11 TFEU (integration of environmental protection requirements) in the three core areas of EU internal market law: competition, state aid, and free movement. It develops a theoretical framework for integrating environmental and other policies and compares how environmental integration takes place within competition, state aid, and free movement law. In turn, it paves a way for a more transparent and consistent integration of environment protection in these three core areas of law. Structured in three parts, this volume (I) offers a detailed analysis of the historical development of environmental integration including discussions of the various intergovernmental conferences which led to a number of Treaty changes, shaping the obligation itself. (II) It investigates which provisions and concepts within competition law, state aid law, and the market freedoms can be interpreted in order to provide a clear demarcation of environmental protection and these areas of law. (III) It analyses how competition, state aid, and free movement law allow for a balancing of the environment against restrictions in cases of conflict.
Book Synopsis Mutual trust under pressure, the transferring of sentenced persons in the EU by : Tony Marguery
Download or read book Mutual trust under pressure, the transferring of sentenced persons in the EU written by Tony Marguery and published by . This book was released on 2018 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Substantive Criminal Law of the European Union by : André Klip
Download or read book Substantive Criminal Law of the European Union written by André Klip and published by Maklu. This book was released on 2011 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is the result of the conference "Substantive Criminal Law of the European Union" organised by the Criminal Law Department of Maastricht University on 20 and 21 January 2011, with the generous support of the Faculty of Law of Maastricht University, the Koninklijke Nederlandse Academie van Wetenschappen, the Department of Criminal Law and Criminology of Maastricht University and the Hague Institute for the Internationalisation of Law (HIIL). --
Book Synopsis Between Compliance and Particularism by : Marton Varju
Download or read book Between Compliance and Particularism written by Marton Varju and published by Springer. This book was released on 2019-02-08 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.
