Download or read book EU Enforcement Authorities written by Michiel Luchtman and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU enforcement authorities are on the rise, entrusted with investigating breaches of EU law by individuals and economic actors. What are the implications for legal practice of their increasing prominence? This book explores this pertinent question from a constitutional and comparative perspective. It sets out the perimeters for composite enforcement and explores the relevant issues such as the interface between criminal and administrative law enforcement, the protection of fundamental rights and legal protection, as well as the admissibility of evidence, including unlawfully obtained evidence. Given the very real implications of the authorities' investigations, this book will appeal to practitioners and scholars, in fields from criminal law to competition and banking law.

Download or read book Law Enforcement by EU Authorities written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.

Download or read book EU Law Enforcement written by Stefano Montaldo and published by Routledge. This book was released on 2021-02-22 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.

Download or read book Global Data Protection in the Field of Law Enforcement written by Cristina Blasi Casagran and published by Routledge. This book was released on 2016-06-10 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines a key aspect of regulatory policy in the field of data protection, namely the frameworks governing the sharing of data for law enforcement purposes, both within the EU and between the EU and the US and other third party countries. The work features a thorough analysis of the main data-sharing instruments that have been used by law enforcement agencies and the intelligence services in the EU and in the US between 2001 to 2015. The study also explores the challenges to data protection which the current frameworks create, and explores the possible responses to those challenges at both EU and global levels. In offering a full overview of the current EU data-sharing instruments and their data protection rules, this book will be of significant benefit to scholars and policymakers working in areas related to privacy, data protection, national security and EU external relations.

Download or read book Research Handbook on the Enforcement of EU Law written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms.

Download or read book Essential Texts on International and European Criminal Law 12th revised edition written by Gert Vermeulen and published by Gompel&Svacina. This book was released on 2023-12-22 with total page 954 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises the principal multilateral legal instruments on international and European criminal law, with a special institutional focus on Europol, Eurojust and the European Public Prosecutor’s Office, a substantive focus on international, organised and serious crime, including terrorism, and a focus on procedural rights approximation. Given the relevance thereof for international information exchange in criminal matters, relevant data protection instruments have also been included in the selection. The texts have been ordered according to the corresponding multilateral co-operation level: either Prüm, the European Union (comprising Schengen-related texts), the Council of Europe or the United Nations. This edition provides students as well as practitioners (judicial and law enforcement authorities, lawyers, researchers, …) throughout Europe with an accurate and up-to-date edition of essential texts on international and European criminal law. All texts have been updated until 8 December 2023.

Download or read book The Enforcement of EU Law written by Stine Andersen and published by OUP Oxford. This book was released on 2012-11-29 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.

Download or read book Access to Electronic Data by Third Country Law Enforcement Authorities written by Gloria González Fuster and published by . This book was released on 2016-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the challenges to European law posed by third-country access to data held by private companies for purposes of law-enforcement investigations in criminal proceedings. The proliferation of electronic communications is putting cloud-computing companies under severe strain from multiple demands from the authorities to acquire access to such data. A key challenge for the EU emerges when third-country authorities request access to data held by private companies under EU jurisdiction outside pre-established channels of cooperation, in particular outside Mutual Legal Assistance (MLA) treaties. The EU concluded an MLA agreement with the United States in 2003, which sets the rules and procedures for lawful and legitimate access to evidence. A key distinguishing feature of the MLA-led process is that any request for access to data is "mediated" by or requires the consent of the state authority to whom the request is submitted as well as scrutiny by an independent judicial authority. Special focus is given to practical issues emerging in EU-US relations covering mutual legal assistance and evidence-gathering for law enforcement purposes in criminal proceedings. The fundamental question guiding this enquiry is how best to ensure that the rule of law and trust-based methods are respected in these proceedings. The authors carried out a detailed survey of the main EU legal instruments and their standards, underlining their direct relevance for assessing the lawfulness and legitimacy of access to data. They then outline three possible scenarios for the future and put forward a set of policy recommendations for addressing these challenges.

Download or read book Essential Texts on International and European Criminal Law 10th revised edition written by Gert Vermeulen and published by Gompel&Svacina. This book was released on 2019 with total page 938 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises the principal multilateral legal instruments on international and European criminal law, with a special institutional focus on Europol and Eurojust and a substantive focus on international, organised and serious crime, including terrorism. Given the relevance thereof for international information exchange in criminal matters, relevant data protection instruments have also been included in the selection. The texts have been ordered according to the corresponding multilateral co-operation level: either Prüm, the European Union (comprising Schengen-related texts), the Council of Europe or the United Nations. This edition provides students as well as practitioners (judicial and law enforcement authorities, lawyers, researchers, …) throughout Europe with an accurate and up-to-date edition of essential texts on international and European criminal law. All texts have been updated until 20 December 2018.

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 544 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.

Download or read book Private Enforcement of European Competition and State Aid Law written by Ferdinand Wollenschläger and published by Kluwer Law International B.V.. This book was released on 2020-01-09 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.

Download or read book EU Law Enforcement The Evolution of Sanctioning Powers written by BONELLI MATTEO and published by G Giappichelli Editore. This book was released on 2020-12-18 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union's institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration"--

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.

Download or read book Towards a European Reassessment of Punitive Law Enforcement written by John A. E. Vervaele and published by . This book was released on 2023-03-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is today a major player in many policy areas, going from classic economic fields as competition policy, agriculture and fisheries policy to new emergent fields as environmental policy, arterial intelligence policy, security and foreign policy and criminal justice policy. These policies comes with an increasing level of EU regulation, having also a substantive impact on the harmonization of national policies and regulations. This expansion of EU competence naturally also places new demands on their enforcement, especially when it comes to investigations with the aim of imposing punitive administrative and/or criminal sanctions. In this expanded version of his valedictory lecture Prof. Vervaele is assessing 1) to what extent the EU and its Member States have a policy on punitive enforcement in the internal market and in the Area of Freedom Security and Justice and 2) how this policy translates into the harmonization of substantive administrative and criminal law and procedural law at the national level and into the elaboration of administrative and judicial cooperation instruments and the setting up of European enforcement agencies. The assessment includes to what extent this policy takes account of the human rights obligations. Prof. Vervaele concludes with a plea for a European model for punitive law enforcement with an increased alignment between the administrative enforcement tools in the internal market and the criminal enforcement tools in the Area of Freedom, Security and Justice. In this model the national enforcement authorities are build in under a network cooperation scheme.

Download or read book Availability of Law Enforcement Information in the European Union written by Gert Vermeulen and published by Maklu. This book was released on 2005 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of a study on the availability of law enforcement information in the EU, conducted for the European Commission. In order to strengthen the area of freedom, security and justice, the November 2004 Hague Programme called for an innovative approach towards cross-borderexchange of law enforcement relevant information. The principle introduced in this respect is that of availability of such information for law enforcement services throughout the EU, rendering the border-crossing of it largely irrelevant. The book contains two proposals. The first seeks to improve the cross-border exchange of law enforcement relevant information through the introduction of the principle of mutual recognition of 'pre-evidence warrants' as a primary way for implementing the availability concept. The second proposal offers a blueprint for a European Law Enforcement Services Index System (ELESIS), as an indispensable tool for supporting the availability of law enforcement relevant information throughout the EU. Both proposals take due account of extensive feedback received from experts involved in cross-border exchange of law enforcement information as well as from civil liberties organisations and data protection specialists. In addition, the responses of member states to relevant official questionnaires were collected and included. This book is essential reading for policy makers, judicial and law enforcement authorities throughout the European Union or from a broader international context. It will be appealing also to researchers and anyone involved or taking an interest in combating (cross-border) crime at a European or international level.

Download or read book Information Exchange and EU Law Enforcement written by Anna Fiodorova and published by Routledge. This book was released on 2018-05-16 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting an integrated approach to information exchange among law enforcement institutions within the EU, this book addresses the dilemma surrounding the need to balance the security of individuals and the need to protect their privacy and data. Providing the reader with a comprehensive analysis of information exchange tools, exploring their history, political background, the most recent legal modifications and the advantages and disadvantages of their use, it includes a comparison between different information exchange tools. Written by an author who has worked as a police officer, Home Affairs counsellor and academic, this is an important read for scholars working with EU Law, Criminal Procedure Law, and International Law as well as for practitioners who directly deal with international police cooperation or who perform criminal investigation both within and outside the EU.

Download or read book The Implementation and Enforcement of European Union Law in Small Member States written by Ivan Sammut and published by Springer Nature. This book was released on 2021-03-11 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this book is to examine how the legal order of Malta, the EU's smallest Member State, manages to cope with the obligations of the EU's acquis communautaire. As far as the legal obligations are concerned, size does not matter. Smaller Member States have the same obligations as the largest, yet they have to meet these same obligations with very fewer resources. This book examines how the Maltese legal system manages to fulfil its obligations both in terms of the supremacy of EU law, as well as how the substantive EU law is transposed and implemented. It also explores how Maltese courts look at EU law and how they manage, or not manage, to enforce it within the context of national law. It can serve as a model to demonstrate how EU law is being implemented in the smallest Member State and can serve as a basis to study the effectiveness of EU law into the domestic law of its Member States in general.