Download or read book Current Issues in European Criminal Law and the Protection of EU Financial Interests written by Zlata Đurđević and published by . This book was released on 2006 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 672 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
Download or read book Challenges in the Field of Economic and Financial Crime in Europe and the US written by Katalin Ligeti and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past few years, criminal justice systems have faced important global challenges in the field of economic and financial crime. The 2008 financial crisis revealed how strongly financial markets and economies are interconnected and illustrated that misconduct in the economic and financial sectors is often of a systemic nature, with wide-spread consequences for a large number of victims. The prevention, control and punishment of such crimes is thus confronted with a strong globalisation. Moreover, continuous technological evolutions and socio-economic developments make the distinction between socially desirable and undesirable behaviour more problematic. Besides, economic and financial misconduct is notoriously difficult to detect and investigate. In light of these challenges, legislators and law enforcers have been searching for adequate responses to combat economic and financial crime by adapting existing policies, norms and practices and by creating new enforcement mechanisms. The purpose of this volume is to analyse those challenges in the field of economic and financial crime from different perspectives, and to examine which particular solutions criminal justice systems across Europe give to those challenges. The volume has four parts. The first part focuses on a number of key questions with respect to substantive criminal law, whereas the second part will address issues affecting the administration of justice and criminal procedure. Part three then explores particular challenges concerning multi-agency cooperation and multi-disciplinary investigations. Finally, part four will concentrate on issues regarding shared or integrated enforcement models.
Download or read book Criminal Law Aspects of the Protection of the Financial Interests of the EU written by Gerhard Dannecker and published by . This book was released on 2019 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EU Criminal Justice Financial Economic Crime written by Marc Cools and published by Maklu. This book was released on 2011 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fifth volume of the Governance of Security (GofS) Research Paper series addresses a wide variety of topical issues focusing on European criminal justice and financial and economic crime. The first cluster of articles is concerned with European criminal justice matters particularly relating to EU mutual recognition, such as: conceptualization, unwanted effects in the context of prisoner transfer and sentence execution, impact for cross-border gathering and use of forensic expert evidence, and interrogational fairness standards. A second cluster of articles addresses the subjects of financial and economic crime, ranging from informal economy (among street children) to formal/informal economy (vulnerability of the hotel and catering industry to crime) and white collar crime phenomena like (transnational) environmental crime and corruption. A final cluster groups together a variety of selected topical issues, including juvenile offending and mental disorders, desistance theories, and sexually transmitted infections.
Download or read book Shifting Perspectives on the European Public Prosecutor s Office written by Willem Geelhoed and published by Springer. This book was released on 2017-12-19 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides answers to the following questions. Is there a bright future aheadfor a European Public Prosecutor’s Office? If so, is the regulation establishing the officesufficiently clear and balanced to attain that goal? Moreover, will the office be able toeffectively fight fraud now damaging the EU's budget and will it respect the fundamentalrights of the parties involved? Included are issues ranging from EU substantive and procedural criminal law, combattingEU fraud, the distribution of competences in European law enforcement,EU fundamental rights, to forum choice. The book's aim is to inform academics,policy-makers and criminal law practitioners about key issues surrounding theattribution of prosecutorial powers to an entirely remodelled European Union body. Indoing so, it sheds light on this body, as fundamentally changed by the Council, whichwill undoubtedly have a greater impact on the European criminal justice system thanthe European Arrest Warrant ever did. Dr. Willem Geelhoed is Assistant Professor in criminal law and criminal procedureat the University of Groningen, The Netherlands, and Drs. Leendert H. Erkelensand Prof. Mr. Arjen W.H. Meij are both Visiting Research Fellow at the T.M.C. AsserInstituut in The Hague in The Netherlands, while the latter is also Honorary Professorat the University of Luxembourg.
Download or read book Protection Financial International written by Simone White and published by Springer. This book was released on 1998-05-15 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive and up-to-date understanding of legal and political progress toward the protection of the financial interests of the European Community. Historically, progress has been uneven due to the sectoral approach adopted. On the expenditure side of the EC budget, the most regulated area remains the EAGGF-Guarantee Section Fund. By contrast, procurement fraud of the Structural Funds, sometimes involving corruption of officials, is rife in many Member States. On the income side, control of VAT rests mainly with the Member States. The near collapse of the transit system has made collection of duties more difficult, stimulating proposals for computerization of the transit system and improvements in Customs strategies. All Member States have experienced difficulties in recovering EC funds through irregularities: a case study is offered, comparing British and Danish approaches to recovery. The author also describes and evaluates more far-reaching developments and prospects. An EC penal-administrative space has been created which some penalists regard as a fore-runner to a European Criminal Legal Space. Acknowledging both the attractions and difficulties inherent in such a project, the author focuses attention back to existing First Pillar competencies for EC fraud. For example in relation to VAT and excise regimes, the organisation of Customs, and recovery of funds, deeper integration would reduce criminal opportunities. The book concludes with a review of the Amsterdam Treaty from this perspective. This book is designed for professionals, teachers, students, and researchers, especially those whose interest in EC institutions and law overlaps in the investigation of so-called `white collar crime'. However, the book should also be of interest to all those concerned with the integrity and development of the European Union in general.
Download or read book Limits to EU Powers written by Jacob Öberg and published by Bloomsbury Publishing. This book was released on 2017-07-27 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: PRAISE FOR THE BOOK “...essential reading for anyone interested in the existence and exercise of EU powers in the field of criminal law. Öberg's critical examination of the constitutional constraints to EU action also raises many questions that are of great interest in other areas of EU competence. The book deserves a wide readership among scholars interested in the constitutional workings of the European Union.” Samuli Miettinen, University of Helsinki & Tallinn University "The main strength of this book lies in its comprehensiveness of dealing with the topical issue of EU regulatory criminal law from the fascinating perspective of limits to EU powers. Its particular contribution to existing scholarship in the field of EU criminal law concerns its focus on judicial checks on the exercise of competences as to which the book offers a convincing proposal for a stricter standard for judicial review in matters of regulatory criminal law and beyond." Professor Jannemieke Ouwerkerk, Leiden Law School "An excellent read on competence allocation in EU law and what it means in criminal law context. This book guides the reader through very complex questions of the contours of subsidiarity, national competences and the exact limits of EU powers. It also supplies up to date case studies of financial crimes and the need for the EU to act effectively and thereby increase confidence in the market and the challenges it may cause for national systems. A very timely contribution." Ester Herlin Karnell, VU University Amsterdam Pursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law.
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 472 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.
Download or read book The Future of EU Criminal Justice Policy and Practice written by Jannemieke Ouwerkerk and published by BRILL. This book was released on 2019-03-27 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.
Download or read book Money Laundering Counter measures in the European Union written by Valsamis Mitsilegas and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past fifteen years witnessed the emergence globally of a plethora of legislative measures aimed at countering money laundering. These developments have been inextricably linked with the growing international focus on newly perceived and/or prioritised global security threats such as organised crime and terrorism ' with money laundering counter-measures deemed essential to counter these threats. Taking these developments into account, this book examines in detail the evolution and content of money laundering counter-measures in the European Union. These measures constitute a new paradigm of security governance, achieved through three principal methods: criminalisation, consisting in the emergence of new criminal offences; responsibilisation, consisting in the mobilisation of the private sector to co-operate with the authorities in the fight against money laundering; and the emphasis on the administration of knowledge, through the establishment of new institutions, the financial intelligence units, with extensive powers to administer a wide range of information provided by the private sector. This paradigm may pose significant challenges to fundamental legal principles and to well-established social structures and the book attempts to address this balance. This up-to-date analysis includes the provisions of the new EU money laundering Directive which was formally adopted in December 2001.
Download or read book Criminal Law and Policy in the European Union written by Samuli Miettinen and published by Routledge. This book was released on 2013 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes stock of the development of criminal law in the context of the EC and the EU, and examines whether this has led to a European criminal policy, and interrogates the legal effects that European-level initiatives in the field have on national criminal law and on suspects.
Download or read book The Court of Justice and European Criminal Law written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 741 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to provide an insight into the landmark rulings of the Court of Justice of the European Union (CJEU) in European Criminal Law (ECL). As in other areas of EU law, the decisions of the CJEU have been a driving force for development and integration. By analysing the impact of these leading cases on EU and national law, the book provides a diachronic and multifaceted picture of the Court's approach to criminal law.
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.
Download or read book Investigating European Fraud in the EU Member States written by Alessandro Bernardi and published by Bloomsbury Publishing. This book was released on 2017-07-13 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a detailed overview of the rules regarding criminal investigations into financial-economic criminality in the EU's main legal systems. These rules have become fundamental to the effective protection of the Union's financial interests. It undertakes a comparative study of six national legislatures (Italy, Spain, France, Germany, Poland, the UK) which serve as paradigms of the different judicial systems existing in the Union, in order to offer a complete overview of the different approaches to financial-economic investigation in the EU. The work is further enriched with cross–sectional essays that deal with the more general issues, such as data-protection and the future of investigations in the view of the establishment of the European Public Prosecutor's Office (or EPPO). This provides a wider perspective on the themes considered. The book also examines trans-national issues, providing essential context to the EU's legislative instruments intended to protect the financial interests of the Union.
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 272 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.
Download or read book The European Public Prosecutor s Office written by Lorena Bachmaier Winter and published by Springer. This book was released on 2018-11-02 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the European Public Prosecutor’s Office (EPPO), the creation of which was approved in the Regulation adopted by the Justice and Home Affairs (JHA) Council on 12 October 2017. The EPPO will be an independent European prosecution office tasked with investigating and prosecuting those crimes defined in the recently adopted Regulation 2017/1371 on combating fraud against the Union’s financial interests by means of criminal law. As such, it will be a new actor on the EU landscape, governed by the principle of loyal cooperation with the national prosecuting authorities. This work clarifies some of the challenges that member states will have to face when dealing with a supranational prosecution authority. In addition, it provides guidelines on how to implement the present Regulation while respecting the fundamental rights of defendants in criminal proceedings. The book is of special interest in so far as the analysis and perspective of academics is completed with the contributions of legal experts who have either been involved in the negotiations to establish the European public prosecutor or will be closely linked, as public prosecutors, to the functioning of the future European public prosecutor’s office.
