Handbook on the European Arrest Warrant

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Publisher : T.M.C. Asser Press
ISBN 13 : 9789067041812
Total Pages : 300 pages
Book Rating : 4.0/5 (418 download)

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Book Synopsis Handbook on the European Arrest Warrant by : Rob Blekxtoon

Download or read book Handbook on the European Arrest Warrant written by Rob Blekxtoon and published by T.M.C. Asser Press. This book was released on 2004-11-25 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 13 June 2002 the Framework Decision on the European Arrest Warrant and Surrender Procedures between Member States of the European Union (EAW) was adopted by the Council of the European Union. The Framework Decision must be implemented by all current and future members of the European Union in their respective legal systems. This handbook offers an introduction to the EAW, its origin and its implications. It sets out the history of extradition as a legal system and compares the EAW with the old system. It includes the full text of the EAW with commentaries per paragraph. Attention is paid to procedural rules as well as to special issues, such as the principles of reciprocity and mutual trust, ne bis in idem, verdicts in absentia and the double criminality rule. The relation of EAW with other relevant legal instruments, including those concerning human rights and procedural safeguards, is also covered.

Handbook on the European Arrest Warrant

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Publisher : T.M.C. Asser Press
ISBN 13 : 9789067045872
Total Pages : 0 pages
Book Rating : 4.0/5 (458 download)

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Book Synopsis Handbook on the European Arrest Warrant by : Rob Blekxtoon

Download or read book Handbook on the European Arrest Warrant written by Rob Blekxtoon and published by T.M.C. Asser Press. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a Preface by António Vitorino, Member of the European Commission responsible for Justice and Home Affairs. On 13 June 2002 the Framework Decision on the European Arrest Warrant and Surrender Procedures between Members States of the European Union (EAW) was adopted by the Council of the European Union. The Framework Decision is to be implemented by all current and future members of the European Union in their respective legal systems. The new surrender regime replaces the system of extradition between the Member States. The present Handbook offers an introduction to the EAW, its origin and its implications. The book sets out on the history of extradition as a legal system and compares the EAW with the old system. It includes the full text of the EAW with commentaries per paragraph. Attention is paid to procedural rules as well as to special issues, such as the principles of reciprocity and mutual trust, ne bis in idem, verdicts in absentia and the double criminality rule. The relation of the EAW with other relevant legal instruments, including those concerning human rights and procedural safeguards, is also covered. A keyword index enhances the accessibility of the book. The Handbook on the European Arrest Warrant is written by legal experts – practitioners and academics – for government officials, judges and public prosecutors, legal practitioners, academics and everyone else involved in the implementation of the EAW on the national level. Judge Rob Blekxtoon was Presiding Judge of the Extradition Division of the Amsterdam District Court for more than eighteen years and was charged with establishing the Surrender Division of that Court, which is designated to handle all surrender cases in the Netherlands.

European Arrest Warrant

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Author :
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.

European Arrest Warrant

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Publisher :
ISBN 13 : 9789462362840
Total Pages : 378 pages
Book Rating : 4.3/5 (628 download)

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Book Synopsis European Arrest Warrant by : Renata Barbosa

Download or read book European Arrest Warrant written by Renata Barbosa and published by . This book was released on 2022-04-18 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: What practical problems are at stake in current EAW surrender proceedings? The research project Improving Mutual Recognition of European Arrest Warrants through Common Practical Guidelines of which the three country reports for Greece, the Netherlands and Poland are now published, is a follow-up of an earlier project that led to the publication of The European Arrest Warrant and In Absentia Judgments, Maastricht Law Series No.12 InAbsentiEAW. This project is broader than in absentia alone and looks at various other aspects of the EAW surrender procedure that are problematic in practice. It also goes more into detail as it aims to present an alternative to the outdated Handbook for the European Arrest Warrant. This publication will be followed by a final report containing these Common Practical Guidelines. The current volume contains the country reports for Greece, the Netherlands and Poland as these countries offer a representative and interesting intersection of situations in daily practice when it comes to creating, fighting and solving problems on the EAW ImprovEAW. About the Maastricht Law Series: Created in 2018 by Boom juridisch and Eleven International Publishing in association with the Maastricht University Faculty of Law, the Maastricht Law Series publishes books on comparative, European and International law. The series builds upon the tradition of excellence in research at the Maastricht Faculty of Law, its research centers and the Ius Commune Research School. The Maastricht Law Series is a peer reviewed book series thatallows researchers an excellent opportunity to showcase their work.

Handbook of European Criminal Procedure

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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.

Research Handbook on EU Criminal Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1783473312
Total Pages : 659 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Research Handbook on EU Criminal Law by : Valsamis Mitsilegas

Download or read book Research Handbook on EU Criminal Law written by Valsamis Mitsilegas and published by Edward Elgar Publishing. This book was released on 2016-03-25 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work

The European Arrest Warrant in Practice

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

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

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

Research Handbook on EU Law and Human Rights

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Publisher : Edward Elgar Publishing
ISBN 13 : 1782546405
Total Pages : 585 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Research Handbook on EU Law and Human Rights by : Sionaidh Douglas-Scott

Download or read book Research Handbook on EU Law and Human Rights written by Sionaidh Douglas-Scott and published by Edward Elgar Publishing. This book was released on 2017-07-21 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.

The European Arrest Warrant in Ireland

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

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

Download or read book The European Arrest Warrant in Ireland written by Remy Farrell and published by . This book was released on 2011-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines in detail, the practice and procedure surrounding the European arrest warrant and its application in Ireland. Surrender under the European Arrest Warrant Act, 2003 has replaced extradition under Parts II and III of the Extradition Act, 1965 as the principal mode of extradition in Europe. The 2003 Act has been operational since 2004 and there are now in excess of 100 written decisions in relation to its operation. A significant number of decisions have finally made the way to the Supreme Court as a result of which many issues can now be regarded as reasonably well settled law for the first time. In addition, there have been a number of recent decisions from the European Court of Justice in relation to the manner in which the Framework Decision ought to be approached by domestic courts in construing domestic legislation. The number of applications under the 2003 Act has roughly doubled each year and is likely to continue to increase as EU Member States attempt to implement the new procedures in place.

Still Not Resolved?

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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

Guidelines for Deciding on Competing Requests for Surrender and Extradition

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Publisher :
ISBN 13 : 9789294903334
Total Pages : pages
Book Rating : 4.9/5 (33 download)

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Book Synopsis Guidelines for Deciding on Competing Requests for Surrender and Extradition by :

Download or read book Guidelines for Deciding on Competing Requests for Surrender and Extradition written by and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 16 of the Council Framework Decision on the European arrest warrant and the surrender procedure between Member States (EAW FD, 2002/584/JHA) regulates the decision-making process for the competent authority of the executing Member State that receives multiple requests for surrender/extradition of the same person. It covers both the situation of multiple European arrest warrants (EAWs) (Article 16(1) EAW FD) and the situation of conflicts between an EAW and a request for extradition presented by a third country (Article 16(3) EAW FD). To support the decision-making process in the event of multiple EAWs, Eurojust published guidelines for deciding on Competing EAWs in its 2004 annual report. Since their publication, these guidelines have assisted the competent national executing authorities in taking informed decisions on competing requests for surrender/extradition. Eurojust has also regularly referred to these published guidelines when providing guidance to national authorities on this matter. The guidelines distinguish different scenarios and suggest factors that must be given due consideration before the executing authority takes a decision on which of the requests it shall execute. The guidelines include the factors mentioned in Article 16 EAW FD, but complement and develop these factors further in light of different scenarios. Over the past 15 years EU law has significantly evolved in the area of freedom, security and justice, including following developments in the case-law of the Court of Justice of the European Union (CJEU). Moreover, in 2017, the European Commission published its Handbook on how to issue and execute a European arrest warrant (1), which also addresses the scenario of multiple EAWs and/or extradition requests concerning the same person. Eurojust has also acquired valuable operational experience in the context of competing requests for surrender/extradition. Against this background and with the aim of ensuring effective and full support to practitioners, Eurojust publishes herewith a revised version of the guidelines. The revised guidelines enlarge the scope of the original guidelines by including scenarios not only for Article 16(1) but also for Article 16(3). Moreover, these revised guidelines further develop the factors to be used in the decision-making process. They also address coordination and follow-up measures that could be relevant before and after the executing authority decides on which of the requests it will execute. The guidelines are a flexible tool to guide and remind the competent authorities of the factors they can consider when deciding which request to execute. They provide a shared starting point in view of reaching an informed decision. The guidelines do not constitute binding rules and are without prejudice to applicable, national, EU and international law.

Improving the European Arrest Warrant

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

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Book Synopsis Improving the European Arrest Warrant by : André Klip

Download or read book Improving the European Arrest Warrant written by André Klip and published by . This book was released on 2022-12-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ImprovEAW-project concerns European Arrest Warrant proceedings in seven Member States (Belgium, Greece, Hungary, Ireland, the Netherlands, Poland and Romania). Maastricht Law Series No. 23 contains the country reports for Greece, the Netherlands and Poland. ImprovEAW is a follow up to an earlier project that focused on In Absentia Judgments (Maastricht Law Series No. 12). This book looks at various other aspects of the EAW surrender procedure that are problematic in practice, such as the information to be provided in the European arrest warrant, the status of the issuing authority and differences in implementation in the Member States. It also goes more into detail as it aims to present an alternative to the European Commission's outdated Handbook on how to issue and execute a European arrest warrant. This study ends with a proposal to create a procedure that complies with the demands of a dual level of protection, which takes place after arrest of the requested person in the executing Member State. The present research report is completed with a hands-on set of Common Practical Guidelines on issuing and executing EAWs for practitioners.

The Oxford Handbook of Criminal Process

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Publisher : Oxford University Press
ISBN 13 : 0190659858
Total Pages : 952 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Criminal Process by : Darryl K. Brown

Download or read book The Oxford Handbook of Criminal Process written by Darryl K. Brown and published by Oxford University Press. This book was released on 2019-02-22 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.

The European Arrest Warrant and In Absentia Judgments

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Publisher :
ISBN 13 : 9789462369856
Total Pages : 340 pages
Book Rating : 4.3/5 (698 download)

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Book Synopsis The European Arrest Warrant and In Absentia Judgments by : BRODERSON

Download or read book The European Arrest Warrant and In Absentia Judgments written by BRODERSON and published by . This book was released on 2020-01-30 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Challenges to the European Arrest Warrant

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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

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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

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Publisher : Cambridge University Press
ISBN 13 : 1139487884
Total Pages : 1209 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis European Union Law by : Damian Chalmers

Download or read book European Union Law written by Damian Chalmers and published by Cambridge University Press. This book was released on 2010-06-24 with total page 1209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.