Criminal Law Aspects Of The Protection Of The Financial Interests Of The Eu

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European Federal Criminal Law

Author : Carlos Gómez-Jara Díez
Publisher :
ISBN 13 : 9781780681207
Total Pages : 0 pages
Book Rating : 4.6/5 (812 download)

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Book Synopsis European Federal Criminal Law by : Carlos Gómez-Jara Díez

Download or read book European Federal Criminal Law written by Carlos Gómez-Jara Díez and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, the EU has developed a system of criminal justice consistent with the mixed (sometimes contradictory) tendencies embedded in its very own structure. The Lisbon Treaty consolidated some federal elements that have an impact on the future development of this area of law. The sovereign debt crisis of 2010 and its progeny have, if anything, consolidated the need for the federal protection of EU financial interests at the EU level. This book provides new insights in the federal dimension of these developments. Beginning with an analysis of the current state of affairs, the book also tackles the federalizing elements contained in such issues as the creation of a European banking supervision authority, the establishment of the European Prosecutor Office, or the enactment of a EU regulation containing the grounds rules of its functioning. Throughout, the reader will find constant references to the most efficient system of federal criminal law, i.e. the US system. This comparative law note serves the purpose of confirming the federal nature of what has been achieved so far at the EU level and providing guidelines for its future development. The basic contention is that such regulation and its enforcement at the EU level is a fundamental tool to achieve the goals that the EU has already set forth in the upcoming agenda. In a nutshell: although the EU is not a federal state, it has the same problems as if it were. Subject: European Law, Criminal Law, Comparative Law, Financial Law]

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.

EU Criminal Law and Policy

Author : Joanna Beata Banach-Gutierrez
Publisher : Routledge
ISBN 13 : 1317427610
Total Pages : 274 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis EU Criminal Law and Policy by : Joanna Beata Banach-Gutierrez

Download or read book EU Criminal Law and Policy written by Joanna Beata Banach-Gutierrez and published by Routledge. This book was released on 2016-07-28 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.

The European Public Prosecutor's Office

Author : Lorena Bachmaier Winter
Publisher : Springer
ISBN 13 : 3319939165
Total Pages : 289 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 289 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.

Handbook on European data protection law

Author : Council of Europe
Publisher : Council of Europe
ISBN 13 : 9287198497
Total Pages : 402 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis Handbook on European data protection law by : Council of Europe

Download or read book Handbook on European data protection law written by Council of Europe and published by Council of Europe. This book was released on 2018-04-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.

The European Public Prosecutor’s Office

Author : Leendert H. Erkelens
Publisher : T.M.C. Asser Press
ISBN 13 : 9789462650343
Total Pages : 0 pages
Book Rating : 4.6/5 (53 download)

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Book Synopsis The European Public Prosecutor’s Office by : Leendert H. Erkelens

Download or read book The European Public Prosecutor’s Office written by Leendert H. Erkelens and published by T.M.C. Asser Press. This book was released on 2014-09-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2013 the European Commission launched its legislative proposal to create a European Public Prosecutor’s Office. The proposal provoked fierce debates, politically as well as on the academic level. Many national parliaments opposed and submitted formally their grievances to the Commission. Negotiations on the proposal between Member States are still ongoing. The T.M.C. Asser Instituut held the first international conference on this unprecedented proposal. This book reflects the main results of that conference. It provides a concise background of and reasoning for the introduction of this new EU body entrusted with far reaching judicial powers disclosing important legal and policy implications. Within its hitherto limited scope the existing system of judicial cooperation between EU Member States will change fundamentally, directly affecting the functioning of national courts and public prosecutions offices. How will this evolve? This book will help answering fundamental questions involved.

Legal Aspects of the European System of Central Banks

Author : Liber Amicorum
Publisher :
ISBN 13 : 9789291817016
Total Pages : 414 pages
Book Rating : 4.8/5 (17 download)

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Book Synopsis Legal Aspects of the European System of Central Banks by : Liber Amicorum

Download or read book Legal Aspects of the European System of Central Banks written by Liber Amicorum and published by . This book was released on 2005 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book contains a collection of articles on the European Union and the European System of Central Banks (ESCB), the Eurosystem, monetary law, central bank independence and central bank statutes as well as on financial law. The authors are current or former members of the Legal Committee of the ESCB (LEGCO). This book commemorates ten years of work by the Working Group of Legal Experts of the European Monetary Institute and by the LEGCO. It is dedicated to Mr Paolo Zamboni Garavelli, former Head of the Legal Department at the Banca d'Italia and member of LEGCO, who died in 2004."--Editor.

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.

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.

The Area of Freedom, Security and Justice Ten Years on

Author : Elspeth Guild
Publisher :
ISBN 13 : 9789461380340
Total Pages : 0 pages
Book Rating : 4.3/5 (83 download)

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Book Synopsis The Area of Freedom, Security and Justice Ten Years on by : Elspeth Guild

Download or read book The Area of Freedom, Security and Justice Ten Years on written by Elspeth Guild and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU's AFSJ. Book jacket.

Effective Criminal Defence in Europe

Author : Ed Cape
Publisher : Intersentia NV
ISBN 13 :
Total Pages : 696 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Effective Criminal Defence in Europe by : Ed Cape

Download or read book Effective Criminal Defence in Europe written by Ed Cape and published by Intersentia NV. This book was released on 2010 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year, millions of people across Europe - innocent and guilty - are arrested and detained by the police. For some, their cases go no further than the police station, but many others eventually appear before a court. Many will spend time in custody both before and following trial. Initial attempts by the European Union to establish minimum procedural rights for suspects and defendants failed in 2007, in the face of opposition by a number of Member States who argued that the European Court of Human Rights (ECHR) rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defense rights are again on the agenda. Based on a three year research study, this book explores and compares access to effective defense in criminal proceedings across nine European jurisdictions (Belgium, England/Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey) that constitute examples of the three major legal traditions in Europe: inquisitorial, adversarial, a

The Legitimacy of EU Criminal Law

Author : Irene Wieczorek
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919767
Total Pages : 271 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Legitimacy of EU Criminal Law by : Irene Wieczorek

Download or read book The Legitimacy of EU Criminal Law written by Irene Wieczorek and published by Bloomsbury Publishing. This book was released on 2020-07-09 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks 'Why EU Criminal Law?' looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book then questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself.

Liability of Legal Persons for Offences in the EU

Author : Gert Vermeulen
Publisher : Maklu
ISBN 13 : 9046605205
Total Pages : 203 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Liability of Legal Persons for Offences in the EU by : Gert Vermeulen

Download or read book Liability of Legal Persons for Offences in the EU written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions of the possibility to attribute liability to legal persons for committing offenses are far from new. The EU landscape however is scattered. Although there are obligations for the Member States to introduce liability for legal persons committing offenses, diversity remains as to: the offenses that may trigger liability * the legal persons that may be held liable * the attribution theories and mechanisms used * the type of liability, which may be either penal, administrative, or civil * the sanctions that legal persons may incur. Consistent policy making requires an identification of the main commonalities and differences in view of being able to adequately reflect them in cross-national policy initiatives. Hence, the European Commission launched a call for tender for a study on the issue, which was awarded to the Institute for International Research on Criminal Policy (IRCP). The results are published in this book. Based on comparative legal analysis in the EU27, recommendations are formulated relating to the EU approximation policy (amongst others to reconsider the concept of a 'legal person' and to look into the need for specific 'legal person'-offenses), the functioning of mutual recognition (amongst others to extend the current mutual recognition instrumentarium), the exchange of information (amongst others to develop a criminal records policy), and procedural safeguards (amongst others to secure equivalent protection outside a criminal liability context). In other words, a helicopter view is taken to ensure consistent EU policy making. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 44)

Legal and Institutional Aspects of the European Anti-Fraud Office (OLAF)

Author : Jan F. H. Inghelram
Publisher : Apollo Books
ISBN 13 : 9789089521002
Total Pages : 340 pages
Book Rating : 4.5/5 (21 download)

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Book Synopsis Legal and Institutional Aspects of the European Anti-Fraud Office (OLAF) by : Jan F. H. Inghelram

Download or read book Legal and Institutional Aspects of the European Anti-Fraud Office (OLAF) written by Jan F. H. Inghelram and published by Apollo Books. This book was released on 2011 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: And the future discussions on the establishment of the EPPO, as well as gives legal practitioners an overview of the relevant legal issues related to OLAF investigations.

The European Public Prosecutor's Office at Launch. Adapting National Systems, Transforming EU Criminal Law

Author : Katalin Ligeti
Publisher :
ISBN 13 : 9788813374686
Total Pages : 0 pages
Book Rating : 4.3/5 (746 download)

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Book Synopsis The European Public Prosecutor's Office at Launch. Adapting National Systems, Transforming EU Criminal Law by : Katalin Ligeti

Download or read book The European Public Prosecutor's Office at Launch. Adapting National Systems, Transforming EU Criminal Law written by Katalin Ligeti and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Needed Balances in EU Criminal Law

Author : Chloé Brière
Publisher : Bloomsbury Publishing
ISBN 13 : 1509917012
Total Pages : 467 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 467 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.

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.