Constitutional Challenges To The European Arrest Warrant

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Still Not Resolved?

Author : Elspeth Guild
Publisher :
ISBN 13 : 9789058504456
Total Pages : 0 pages
Book Rating : 4.5/5 (44 download)

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Book Synopsis Still Not Resolved? by : Elspeth Guild

Download or read book Still Not Resolved? written by Elspeth Guild and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is essential reading for anyone interested in the issues arising from the EU's European Arrest Warrant, its 'flagship' instrument implementing the principle of mutual recognition in criminal law, as it examines in depth the basic principles and institutional context of the European Arrest Warrant, as well as its often-troubled implementation into MemberStates' national law. Steve Peers, Professor, School of Law, University of Essex The book is also recommended to those interested in the development of the law and politics of EU criminal justice and its relationship with EU and national constitutional law. Dr Valsamis Mitsilegas, Reader in Law, Queen Mary, University of London This book is an important addition to the growing literature on the European Arrest Warrant. It contains detailed and insightful contributions by key experts in the field, coming from academia, EU policy and legal practice. The book contains a number of valuable, up-to-date chapters on the implementation of the European Arrest Warrant Framework Decision in Member States. In this context, it is essential reading for both academics and practitioners dealing with the constitutional implications of the European Arrest Warrant in particular and mutual recognition in criminal matters in the EU more generally

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.

Constitutional Challenges to the European Arrest Warrant

Author : Elspeth Guild
Publisher :
ISBN 13 : 9789058501844
Total Pages : 272 pages
Book Rating : 4.5/5 (18 download)

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Book Synopsis Constitutional Challenges to the European Arrest Warrant by : Elspeth Guild

Download or read book Constitutional Challenges to the European Arrest Warrant written by Elspeth Guild and published by . This book was released on 2006 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. The european arrest warrant - 2. Analyses of the judgments - 3. Reflections from two 'user' member states - 4. Beyond the member states-the perspectives.

The Oxford Handbook of Criminal Law

Author : Markus D Dubber
Publisher : OUP Oxford
ISBN 13 : 0191654604
Total Pages : 1294 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber

Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

European Union Law

Author : Koenraad Lenaerts
Publisher :
ISBN 13 : 9781847037435
Total Pages : 1083 pages
Book Rating : 4.0/5 (374 download)

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Book Synopsis European Union Law by : Koenraad Lenaerts

Download or read book European Union Law written by Koenraad Lenaerts and published by . This book was released on 2011 with total page 1083 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revision of the author's Constitutional law of the European Union.

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.

EU Criminal Law

Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
ISBN 13 : 184731726X
Total Pages : 561 pages
Book Rating : 4.8/5 (473 download)

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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 561 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.

Constitutional Crisis in the European Constitutional Area

Author : Armin von Bogdandy
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253335
Total Pages : 392 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Constitutional Crisis in the European Constitutional Area by : Armin von Bogdandy

Download or read book Constitutional Crisis in the European Constitutional Area written by Armin von Bogdandy and published by Bloomsbury Publishing. This book was released on 2015-03-26 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop systemic deficiencies. The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitutions. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little-studied aspect of European constitutionalism.

Handbook of European Criminal Procedure

Author : Roberto E. Kostoris
Publisher : Springer
ISBN 13 : 3319724622
Total Pages : 450 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 450 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.

European Arrest Warrant

Author : Libor Klimek
Publisher : Springer
ISBN 13 : 3319073389
Total Pages : 376 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis European Arrest Warrant by : Libor Klimek

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 376 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.

The European Arrest Warrant and EU Citizenship

Author : Joske Graat
Publisher : Springer Nature
ISBN 13 : 3031075900
Total Pages : 418 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis The European Arrest Warrant and EU Citizenship by : Joske Graat

Download or read book The European Arrest Warrant and EU Citizenship written by Joske Graat and published by Springer Nature. This book was released on 2022-09-09 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth analysis of the relationship between EU citizenship, the European arrest warrant (EAW), and the legality principle. It focuses on the role of the EAW in relation to two foreseeability problems with which EU citizens – especially those who exercise free movement rights – could be confronted. These problems concern the foreseeability of specific national criminal laws at the time of the offense on the one hand and forum decisions on the other. The first part of the book addresses the extent to which these foreseeability problems and the role of the EAW therein are viewed as legality problems at the EU level and in three national legal orders (the Netherlands, Germany, and England and Wales). In turn, the second part of the book critically examines the current scope and content of the legality principle in light of the EU’s objective to offer its citizens an Area of Freedom, Security and Justice (AFSJ) in which both safety and free movement are guaranteed. As EU citizens often encounter foreseeability problems when exercising their free movement rights, it is argued that they should be protected by a transnational framework of fundamental rights. The book subsequently makes recommendations for a transnational interpretation of the legality principle, one which fits the normative context of the AFSJ as described in Article 3(2) TEU. On the basis of the evolution of EU citizenship over time, the book also develops two EU citizenship narratives and explains how they could contribute to transnational fundamental rights protection and a solution to foreseeability problems. With regard to arriving at concrete solutions, the book offers recommendations for EU legislation that could adequately remedy foreseeability problems and the role of the EAW therein.

EU Criminal Law

Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314945
Total Pages : 364 pages
Book Rating : 4.8/5 (473 download)

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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 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.

The Future of Police and Judicial Cooperation in the EU

Author : Cyrille J.C.F. Fijnaut
Publisher : BRILL
ISBN 13 : 9004193367
Total Pages : 436 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Future of Police and Judicial Cooperation in the EU by : Cyrille J.C.F. Fijnaut

Download or read book The Future of Police and Judicial Cooperation in the EU written by Cyrille J.C.F. Fijnaut and published by BRILL. This book was released on 2009-11-23 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1990s, cross-border police and judicial cooperation has become a very important domain of the European Union. The Lisbon Treaty – if accepted by all the Member States – will certainly be a major stimulus to its further development in the field of internal security as well as in the field of external policy. In any event, the recent proposal for a new third comprehensive policy programme with regard to the Area of Freedom, Security and Justice – the so-called Stockholm Programme – foreshadows some of the changes the Brussels institutions and the Member States would like to embrace in the coming years. This book contains the contributions of scholars and practitioners to a conference on the future of police and judicial cooperation in the European Union that took place in November 2008 at Tilburg University. Referring to what has been achieved in this domain since the Treaty of Maastricht, these papers not only assess the proposals that have been put forward in successive policy documents relating to the Stockholm Programme, but they also pinpoint to the ongoing problems in the theory and practice of police and judicial cooperation within the European Union and to the ways in which these questions could best be solved.

The Constitutional Dimension of European Criminal Law

Author : Ester Herlin-Karnell
Publisher : Bloomsbury Publishing
ISBN 13 : 184731953X
Total Pages : 284 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Constitutional Dimension of European Criminal Law by : Ester Herlin-Karnell

Download or read book The Constitutional Dimension of European Criminal Law written by Ester Herlin-Karnell and published by Bloomsbury Publishing. This book was released on 2012-05-31 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal law is one of the most rapidly changing areas of contemporary EU law and integration. The Treaty of Lisbon has elevated it to a central place in the constitution of the EU, within the dynamic area of freedom, security and justice. The phenomenon of EU criminal law as such is however far from new but has developed on an ad hoc basis, not least as a result of the case law of the European Court of Justice. Central to the Court's reasoning in this area has been the principle of effectiveness. A main theme running through the book is therefore the role of the axiom of effectiveness, which is critically examined, with particular attention to its use by the European Ccurt of Justice in recent leading cases. This book explores the constitutional principles underlying it, both those determining the substantive values it embodies, and those determining its scope and extent. Other chapters consider the phenomenon of preventative criminalisation at EU level and the protection of subsidiarity and proportionality in EU criminal law. The balance between effective EU action, proper control of competence and adequate protection of individual rights is of growing importance as EU criminal law expands, but, as this book suggests, has not yet been fully articulated or entrenched by the institutions of the EU.

An EU-wide Letter of Rights

Author : Taru Spronken
Publisher :
ISBN 13 : 9789400001633
Total Pages : 0 pages
Book Rating : 4.0/5 (16 download)

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Book Synopsis An EU-wide Letter of Rights by : Taru Spronken

Download or read book An EU-wide Letter of Rights written by Taru Spronken and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This report presents the results of the research project 'EU-Wide Letter of Rights in Criminal Proceedings: Towards Best Practice'. In this study information has been gathered on the way suspects in the EU Member States are informed in writing of their rights in criminal proceedings. Subsequently a normative framework has been developed based on the jurisprudence of the ECtHR to establish standards and a legal basis for information that should be given to the suspect in the initial phase of police investigations. Finally a model has been developed for an EU-wide Letter of Rights to be applicable throughout the EU that can function as an inspiration for initiatives on the national level as well as on the EU level. The book provides the complete research results in its annexes and an insight into the way suspects are informed of their rights throughout the EU."--Publisher.

The Treaty of Lisbon and the Future of European Law and Policy

Author : Martin Trybus
Publisher : Edward Elgar Publishing
ISBN 13 : 085793256X
Total Pages : 553 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis The Treaty of Lisbon and the Future of European Law and Policy by : Martin Trybus

Download or read book The Treaty of Lisbon and the Future of European Law and Policy written by Martin Trybus and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'After Lisbon the EU has reached a new precarious stage in its development. New institutions have been created and policies reformed. The different chapters of this book cover the most important innovations, while providing a fresh critical assessment of the shortcomings of the present arrangements. Works are always in progress at the EU site and the authors provide the future architects of this grand building as well as the academic community with much food for thought.' – Roberto Caranta, University of Turin, Italy This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union. Divided into six parts, the 23 chapters provide 'after Lisbon' perspectives on law and governance of the EU, its powers and nature, the Charter of Fundamental Rights, EU external action and policy, justice and criminal policy, and economic governance. The authors, drawn from eleven EU Member States, offer a uniquely diverse and extensive coverage of the new EU law and policy after Lisbon. The book argues that while the Treaty of Lisbon has to be considered a milestone in the history of European integration, its shortcomings and open questions will make a future major treaty inevitable. The Treaty of Lisbon and the Future of European Law and Policy will appeal to postgraduate students and academics in European law and policy, EU institutions, diplomatic missions, lobbying, NGOs, specialised lawyers and governments.

European supervision order

Author : Great Britain: Parliament: House of Lords: European Union Committee
Publisher : The Stationery Office
ISBN 13 : 0104011297
Total Pages : 172 pages
Book Rating : 4.1/5 (4 download)

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Book Synopsis European supervision order by : Great Britain: Parliament: House of Lords: European Union Committee

Download or read book European supervision order written by Great Britain: Parliament: House of Lords: European Union Committee and published by The Stationery Office. This book was released on 2007-07-25 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is estimated that at any one time 4,500 EU nationals are held in custody in countries other than their normal place of residence. As they are less likely to be granted bail (because of a greater perceived of absconsions) the Commission has proposed a European supervision order (ESO), which would mean that authorities in a person's home State would also be responsible for returning them for trial. This report examines the proposal in detail and makes some recommendations for improvement. The Committee welcome the proposal and think it deserves prompt attention by Member States.