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Author : BRODERSON
Publisher :
ISBN 13 : 9789462369856
Total Pages : 340 pages
Book Rating : 4.3/5 (698 download)
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:
Author : Renata Barbosa
Publisher :
ISBN 13 : 9789462362840
Total Pages : 378 pages
Book Rating : 4.3/5 (628 download)
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 It also goes more into detail as it aims to present an alternative to the outdated Handbook for the European Arrest Warrant.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.
Author : Rob Blekxtoon
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067041812
Total Pages : 300 pages
Book Rating : 4.0/5 (418 download)
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.
Author : Rob Blekxtoon
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067045872
Total Pages : 0 pages
Book Rating : 4.0/5 (458 download)
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.
Author : André Klip
Publisher :
ISBN 13 : 9789462363274
Total Pages : 0 pages
Book Rating : 4.3/5 (632 download)
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.
Author : Libor Klimek
Publisher : Springer
ISBN 13 : 3319073389
Total Pages : 376 pages
Book Rating : 4.3/5 (19 download)
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.
Author : Great Britain. Parliament. House of Lords. European Union Committee
Publisher :
ISBN 13 : 9780104075029
Total Pages : 17 pages
Book Rating : 4.0/5 (75 download)
Download or read book European Arrest Warrant written by Great Britain. Parliament. House of Lords. European Union Committee and published by . This book was released on 2002 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report follows on from the Committee's previous examination of the proposed Framework Decision for the European Arrest Warrant (HL Paper 34, session 2001-02; ISBN: 0104027029). This measure proposes the replacement of current extradition procedures between EU Member States, with a system whereby a warrant for arrest issued in one Member State would be recognised and executed by a judicial authority in another Member State. The proposals have been made in the light of the September 11 terrorist attacks in the US, although the scope of application extends beyond terrorist offences to include any criminal offence for which a sentence of 12 months imprisonment applies. The Committee's report raises concern over two specific issues: the need to safeguard the application of human rights in the courts of the EU Member State executing the warrant; and judgements made in absentia.
Author : Serena Quattrocolo
Publisher : Springer
ISBN 13 : 3030011860
Total Pages : 744 pages
Book Rating : 4.0/5 (3 download)
Download or read book Personal Participation in Criminal Proceedings written by Serena Quattrocolo and published by Springer. This book was released on 2019-01-21 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.
Author : Nico Keijzer
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067045636
Total Pages : 0 pages
Book Rating : 4.0/5 (456 download)
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 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the European Arrest Warrant (EAW) system, Member States of the European Union are under the obligation to arrest and surrender individuals upon the request of judicial authorities of other Member States. In doing this, it is important that human rights are respected and that there is room for national peculiarities. Awareness of what unites the Member States as well as respect for what makes them different, are prerequisites for a fruitful cooperation. This book will be a useful tool for those involved as practitioners in cooperating under the EAW scheme, e.g. judicial authorities, judges, and counsel representing and advising those who are subject to surrender. Moreover, it will evoke academic interest for its information on EAW practice. The reader will find comments on the various stages of the surrender procedure in a chronological order, starting with the content of the European Arrest Warrant, continuing with the refusal grounds, and ending with the consequences of surrender. The scope of the book goes beyond the frontiers of the European Union. Two chapters deal with other (regional) extradition systems: the one of the Nordic countries and the one of the United States. Nico Keijzer is a former justice in the Supreme Court of the Netherlands, and emiritus Professor of international criminal law at Tilburg University, the Netherlands. Elies van Sliedregt is Professor of criminal law at the VU University in Amsterdam, the Netherlands.
Author : Elspeth Guild
Publisher :
ISBN 13 : 9789058501844
Total Pages : 272 pages
Book Rating : 4.5/5 (18 download)
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.
Author :
Publisher :
ISBN 13 : 9789294905215
Total Pages : pages
Book Rating : 4.9/5 (52 download)
Download or read book Case-law by the Court of Justice of the European Union on the European Arrest Warrant written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This document provides an overview of the case-law of the Court of Justice of the European Union (CJEU) with regard to the application of Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (EAW FD). The 2021 edition of Eurojust's overview on the case-law of the CJEU on the European arrest warrant (EAW) is up to date as of 15 March 2021. Compared with the previous (2020) edition, it contains nine additional judgments, totalling 55 judgments for the period 2007-2021. Depending of the number of upcoming judgments, the next update of this document will be published still in 2021 or in 2022. The case-law overview contains summaries of the CJEU's judgments categorised according to a set of important keywords that largely reflect the structure of the EAW FD. A table of keywords and a chronological list of judgments is also provided at the beginning of the document.
Author : Elspeth Guild
Publisher :
ISBN 13 : 9789058504456
Total Pages : 0 pages
Book Rating : 4.5/5 (44 download)
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
Author : Kai Ambos
Publisher :
ISBN 13 : 1107119693
Total Pages : 705 pages
Book Rating : 4.1/5 (71 download)
Download or read book European Criminal Law written by Kai Ambos and published by . This book was released on 2018-06-07 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: European criminal law faces many challenges in harmonising states' criminal justice systems. This book presents a systematic analysis of this legal area and examines the difficulties involved.
Author : Remy Farrell
Publisher :
ISBN 13 : 9781905536344
Total Pages : 400 pages
Book Rating : 4.5/5 (363 download)
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.
Author :
Publisher :
ISBN 13 : 9789294908490
Total Pages : 0 pages
Book Rating : 4.9/5 (84 download)
Download or read book Case-law by the Court of Justice of the European Union on the European Arrest Warrant written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This document, which is updated biannually, provides an overview of the case-law of the Court of Justice of the European Union (CJEU) with regard to the application of Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States (EAW FD). The case-law overview contains summaries of the CJEU's judgments categorised according to a set of important keywords that largely reflect the structure of the EAW FD. A table of keywords and a chronological list of judgments and pending cases is also provided at the beginning of the document. The index and summaries of judgments are not exhaustive and are to be used only for reference and as a supplementary tool for practitioners. They have been prepared by Eurojust and do not bind the CJEU. The summaries contain links to the full texts of the judgments of the CJEU that can be found, in all EU official languages, on the CJEU's website. Where relevant, reference is made also to the Charter of Fundamental Rights of the European Union (the Charter), the European Convention on Human Rights (ECHR) and the case-law of the European Court of Human Rights (ECtHR).
Author : Gert Vermeulen
Publisher : Maklu
ISBN 13 : 9046603393
Total Pages : 1372 pages
Book Rating : 4.0/5 (466 download)
Download or read book Essential Texts on International and European Criminal Law written by Gert Vermeulen and published by Maklu. This book was released on 2010 with total page 1372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pocket book is comprised of the principal policy documents and multilateral legal instruments on international and European criminal law, with a special focus on Europol and Eurojust, as well as on initiatives aimed at combating international crime, organized crime, or terrorism. The sixth revised edition provides professors, students, judicial and law enforcement authorities, lawyers, and researchers with an accurate, up-to-date and low budget edition of essential texts on these matters. These texts have been ordered according to the multilateral cooperation level within which they were drawn up - either Pr�m, the European Union (comprising also Schengen-related texts), the Council of Europe, or the United Nations. Within each of these four parts, they have been included in chronological order. The book comprises 34 newly added texts, including a series of newly adopted framework decisions, the new legal framework for Eurojust and Europol, the new EU Treaties, and the Stockholm Programme. Instruments amending others have been implemented for coherence and maintaining the spirit of the amendments in spite of small technical errors in the amending instruments. The amendments included in the Council Framework Decision of 26 February 2009, on trials in absentia, have been implemented in the framework decisions concerned with an indication in a footnote as to the application date. Exceptionally, both the Convention of 26 July 1995 on the use of information technology for customs purposes (and the 2003 Protocol thereto) and the Council Decision of 30 November 2009 on the use of information technology for customs purposes have been included, because the latter will replace the current Convention and its Protocol as of 27 May 2011.
Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)
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.
