Transnational Evidence And Multicultural Inquiries In Europe

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Transnational Evidence and Multicultural Inquiries in Europe

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

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

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

Transnational Europe

Author : J. DeBardeleben
Publisher : Springer
ISBN 13 : 0230306373
Total Pages : 277 pages
Book Rating : 4.2/5 (33 download)

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Book Synopsis Transnational Europe by : J. DeBardeleben

Download or read book Transnational Europe written by J. DeBardeleben and published by Springer. This book was released on 2011-06-21 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational connections are a defining feature of contemporary Europe. They include cross-border economic and cultural exchange, migration, and political activism. This volume probes their political and social significance and makes a case for incorporating transnationalism more systematically into the research agenda of European Studies.

Negotiating Multicultural Europe

Author : H. Armbruster
Publisher : Springer
ISBN 13 : 0230346472
Total Pages : 215 pages
Book Rating : 4.2/5 (33 download)

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Book Synopsis Negotiating Multicultural Europe by : H. Armbruster

Download or read book Negotiating Multicultural Europe written by H. Armbruster and published by Springer. This book was released on 2011-10-27 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines neighbourhoods and networks between the diverse people of contemporary Europe who live in a globalized and globalizing world, across different types of borders: physical and mental, geopolitical and symbolic.

European Identity and Culture

Author : Dr Rebecca Friedman
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409495388
Total Pages : 217 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis European Identity and Culture by : Dr Rebecca Friedman

Download or read book European Identity and Culture written by Dr Rebecca Friedman and published by Ashgate Publishing, Ltd.. This book was released on 2013-01-28 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the EU continues its integration process, the concepts of culture and transnational European belonging remain ambivalent, whether in the realm of socio-historical representation or mass politics. Engaging with recent scholarly debates surrounding the formation of collective transnational identities, this collection draws on the latest empirical case studies to explore the meaning and composition of European identity, the mechanisms that create and shape it and the question of whom it includes. Each author pays close attention to the cultural aspects of identity formation, whether manifested in official, institutional articulations, such as symbols, coinage, ceremonies and discursive manifestations, or in the cultures of the everyday, such as through new forms of communication networks, consumption or leisure. Exploring attempts by various actors - institutions, groups, individuals - to create transnational European identities, European Identity and Culture scrutinizes the cultural formations that have either reignited or emerged in often contradictory relations to the EU project, including local, regional and transnational allegiances. A rich, interdisciplinary investigation of the role of culture in the formation of European identity, whether as a central building block to unity or as a formidable obstacle to a common sense of purpose, this book will be of interest to scholars across the social sciences and humanities working on questions of political culture, European integration, citizenship and (trans-) national identity.

Human Rights in European Criminal Law

Author : Stefano Ruggeri
Publisher : Springer
ISBN 13 : 3319120425
Total Pages : 317 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Human Rights in European Criminal Law by : Stefano Ruggeri

Download or read book Human Rights in European Criminal Law written by Stefano Ruggeri and published by Springer. This book was released on 2015-01-02 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.

Everyday Europe

Author : Recchi, Ettore
Publisher : Policy Press
ISBN 13 : 1447334205
Total Pages : 328 pages
Book Rating : 4.4/5 (473 download)

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Book Synopsis Everyday Europe by : Recchi, Ettore

Download or read book Everyday Europe written by Recchi, Ettore and published by Policy Press. This book was released on 2019-02-13 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on unique research and rich data on cross-border practices, this book offers an empirically-based view on Europeans’ interconnections in everyday life. It looks at the ways in which EU residents have been getting closer across national frontiers: in their everyday experiences of foreign countries – work, travel, personal networks – but also their knowledge, consumption of foreign products, and attitudes towards foreign culture. These evolving European dimensions have been enabled by the EU-backed legal opening to transnational economic and cultural transactions, while also differing according to national contexts. The book considers how people reconcile their increasing cross-border interconnections and a politically separating Europe of nation states and national interests.

Handling and Exchanging Electronic Evidence Across Europe

Author : Maria Angela Biasiotti
Publisher : Springer
ISBN 13 : 3319748726
Total Pages : 420 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Handling and Exchanging Electronic Evidence Across Europe by : Maria Angela Biasiotti

Download or read book Handling and Exchanging Electronic Evidence Across Europe written by Maria Angela Biasiotti and published by Springer. This book was released on 2018-06-26 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a general overview on the handling and regulating electronic evidence in Europe, presenting a standard for the exchange process. Chapters explore the nature of electronic evidence and readers will learn of the challenges involved in upholding the necessary standards and maintaining the integrity of information. Challenges particularly occur when European Union member states collaborate and evidence is exchanged, as may be the case when solving a cybercrime. One such challenge is that the variety of possible evidences is so wide that potentially anything may become the evidence of a crime. Moreover, the introduction and the extensive use of information and communications technology (ICT) has generated new forms of crimes or new ways of perpetrating them, as well as a new type of evidence. Contributing authors examine the legal framework in place in various EU member states when dealing with electronic evidence, with prominence given to data protection and privacy issues. Readers may learn about the state of the art tools and standards utilized for treating and exchanging evidence, and existing platforms and environments run by different Law Enforcement Agencies (LEAs) at local and central level. Readers will also discover the operational point of view of LEAs when dealing with electronic evidence, and their requirements and expectations for the future. Finally, readers may consider a proposal for realizing a unique legal framework for governing in a uniform and aligned way the treatment and cross border exchange of electronic evidence in Europe. The use, collection and exchange of electronic evidence in the European Union context and the rules, practises, operational guidelines, standards and tools utilized by LEAs, judges, Public prosecutors and other relevant stakeholders are all covered in this comprehensive work. It will appeal to researchers in both law and computer science, as well as those with an interest in privacy, digital forensics, electronic evidence, legal frameworks and law enforcement.

The Needed Balances in EU Criminal Law

Author : Chloé Brière
Publisher : Bloomsbury Publishing
ISBN 13 : 1509917020
Total Pages : 698 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Needed Balances in EU Criminal Law by : Chloé Brière

Download or read book The Needed Balances in EU Criminal Law written by Chloé Brière and published by Bloomsbury Publishing. This book was released on 2017-12-28 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.

Admissibility of Evidence in EU Cross-Border Criminal Proceedings

Author : Lorena Bachmaier Winter
Publisher : Bloomsbury Publishing
ISBN 13 : 1509972005
Total Pages : 268 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Admissibility of Evidence in EU Cross-Border Criminal Proceedings by : Lorena Bachmaier Winter

Download or read book Admissibility of Evidence in EU Cross-Border Criminal Proceedings written by Lorena Bachmaier Winter and published by Bloomsbury Publishing. This book was released on 2024-05-16 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.

Handbook of European Criminal Procedure

Author : Roberto E. Kostoris
Publisher : Springer
ISBN 13 : 3319724622
Total Pages : 445 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Handbook of European Criminal Procedure by : Roberto E. Kostoris

Download or read book Handbook of European Criminal Procedure written by Roberto E. Kostoris and published by Springer. This book was released on 2018-04-12 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor’s Office.

Audi Alteram Partem in Criminal Proceedings

Author : Stefano Ruggeri
Publisher : Springer
ISBN 13 : 3319545736
Total Pages : 692 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Audi Alteram Partem in Criminal Proceedings by : Stefano Ruggeri

Download or read book Audi Alteram Partem in Criminal Proceedings written by Stefano Ruggeri and published by Springer. This book was released on 2017-04-12 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses current developments in Europe and Latin America towards the greater involvement of the parties in the administration of criminal justice. Focusing on both national criminal proceedings and transnational cases, this study employs a comparative law approach to examine the shift experienced by Italy and Brazil from the long tradition of mixed criminal justice to unprecedented adversarial trends. The identification of common needs and divergences from the national approach to criminal justice paves the way for a subsequent analysis of new solution models emerging from international human rights law and EU law. To a great extent, these developments are due to the increasing impact of international human rights case-law on the criminal justice systems of the countries in question. The book concludes by proposing a set of qualitative requirements for a participatory model of criminal justice.

Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53)

Author : Martyna Kusak
Publisher : Maklu
ISBN 13 : 9046608409
Total Pages : 245 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53) by : Martyna Kusak

Download or read book Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53) written by Martyna Kusak and published by Maklu. This book was released on 2017-01-26 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any effort to gather evidence may prove pointless without ensuring its admissibility. Nevertheless, the EU, while developing instruments for smooth gathering of evidence in criminal matters, is not taking much effort to enhance its admissibility. Due to the lack of common rules in this matter, gathering and use of evidence in the EU cross-border context is still governed by the domestic law of the member states concerned. This may lead to situations where, given the differences between legal systems across the EU, evidence collected in one member state will not be admissible in other member states. Due to the fact that the Lisbon Treaty opened the possibility to adopt minimum rules concerning, among other things, the mutual admissibility of evidence, this research investigates the concept of minimum standards designed to enhance mutual admissibility of evidence in the EU. Through a study of two investigative measures, telephone tapping and house search, the author examines whether coming to various common minimum standards is feasible and whether compliance with these standards would finally shape the as yet nonexistent concept of the free movement and mutual recognition of evidence in criminal matters in the EU. Essential reading for both national and EU policy makers, scholars and practitioners involved in cross-border gathering of evidence in the EU.

Mutual Recognition of Judicial Decisions in European Criminal Law

Author : Libor Klimek
Publisher : Springer
ISBN 13 : 3319443771
Total Pages : 742 pages
Book Rating : 4.3/5 (194 download)

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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.

The Principle of Mutual Trust in EU Criminal Law

Author : Auke Willems
Publisher : Bloomsbury Publishing
ISBN 13 : 1509924566
Total Pages : 352 pages
Book Rating : 4.5/5 (99 download)

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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.

The European Public Prosecutor's Office

Author : Lorena Bachmaier Winter
Publisher : Springer
ISBN 13 : 3319939165
Total Pages : 279 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis The European Public Prosecutor's Office by : Lorena Bachmaier Winter

Download or read book The European Public Prosecutor's Office written by Lorena Bachmaier Winter and published by Springer. This book was released on 2018-11-02 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the European Public Prosecutor’s Office (EPPO), the creation of which was approved in the Regulation adopted by the Justice and Home Affairs (JHA) Council on 12 October 2017. The EPPO will be an independent European prosecution office tasked with investigating and prosecuting those crimes defined in the recently adopted Regulation 2017/1371 on combating fraud against the Union’s financial interests by means of criminal law. As such, it will be a new actor on the EU landscape, governed by the principle of loyal cooperation with the national prosecuting authorities. This work clarifies some of the challenges that member states will have to face when dealing with a supranational prosecution authority. In addition, it provides guidelines on how to implement the present Regulation while respecting the fundamental rights of defendants in criminal proceedings. The book is of special interest in so far as the analysis and perspective of academics is completed with the contributions of legal experts who have either been involved in the negotiations to establish the European public prosecutor or will be closely linked, as public prosecutors, to the functioning of the future European public prosecutor’s office.

The Cambridge Companion to European Criminal Law

Author : Kai Ambos
Publisher : Cambridge University Press
ISBN 13 : 1108858406
Total Pages : 527 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Cambridge Companion to European Criminal Law by : Kai Ambos

Download or read book The Cambridge Companion to European Criminal Law written by Kai Ambos and published by Cambridge University Press. This book was released on 2023-01-31 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Criminal Law has developed into a complex, jagged subject matter, which at the same time has become increasingly important for everyday criminal law practice. On the one hand, this work aims to do comprehensive justice to the complexity of the matter without sacrificing readability. In order to achieve this, the book's structure enables legal scholars and experienced practitioners to access the information relevant to them in a targeted manner and, at the same time, enables less oriented readers to gain access to European criminal law. Thus, the volume both answers basic questions and offers discussion in more specialised areas. Written by experts in the field, the book offers discussions which are both of the highest academic standards and accessibly readable.

EU Criminal Justice

Author : Tommaso Rafaraci
Publisher : Springer
ISBN 13 : 3319973193
Total Pages : 212 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis EU Criminal Justice by : Tommaso Rafaraci

Download or read book EU Criminal Justice written by Tommaso Rafaraci and published by Springer. This book was released on 2018-12-13 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.