Download or read book EU Procedural Rights in Criminal Proceedings written by Taru Spronken and published by Maklu. This book was released on 2009 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: All EU Member States are party to the European Convention on Human Rights (ECHR), which is the principal treaty setting out the basic standards for suspects' procedural rights in criminal proceedings in the EU. However, divergent practices in different Member States have hitherto hindered mutual trust and confidence between them. In order to counter this obstacle, the European Commission - in its 2003 Green Paper on Procedural Safeguards for Suspects and Defendants in Criminal Proceedings throughout the EU - held that the EU is justified in taking action in this field. Member States had also expressed the need and wish for cooperation in the matter on a EU level. However, the ideas in the 2004 Commission Proposal for a Council Framework Decision on Certain Procedural Rights in Criminal Proceedings throughout the European Union have not yet sparked any political agreement on the matter. In 2005, the Commission arranged for a study to be carried out on procedural rights in the EU in order to comply with the The Hague Programme's call for studies on the existing levels of safeguards in the Member states. This book contains the results of an EU-wide research project (JLS/2008/D3/002). The authors have conducted this follow-up report to the 2005 study, providing up-to-date information on the level of procedural rights in the Member States as a lead for possible new Commission legal initiative on the matter and as a boost for the Roadmap on Procedural Rights presented by the 2009 Swedish EU Presidency. The main procedural rights studied - the right to information, the right to legal advice, the right to legal assistance (partially) free of charge, and the right to interpretation and translation - seem to be guaranteed by law, more or less, in accordance with the ECHR in the criminal justice systems of the EU. However, a more in-depth look at the implementation of these rights raises doubts as to whether, in all Member States, everyday practice is in line with the Strasbourg standard. This underlines the need for EU action, probably even beyond this presumed acquis. Particularly striking is the fact that fundamental rights, such as the right to remain silent, to have access to the file, and to call and/or examine witnesses or experts, even if deemed basic requirements for a fair trial, are not provided for in legislation in all EU Member States.
Download or read book Effective Protection of the Rights of the Accused in the EU Directives written by Giuseppe Contissa and published by BRILL. This book was released on 2022-04-04 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume proposes a breakthrough analysis of defence rights in criminal proceedings, through the lens of a computable approach to the law. It presents a multi-level research, tackling EU law, national legislation, and case-law across the European Union.
Download or read book EU Criminal Justice written by Tommaso Rafaraci and published by Springer. This book was released on 2018-12-13 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.
Download or read book Procedural Safeguards for Suspects and Accused Persons in Criminal Proceedings written by Coral Arangüena Fanego and published by Springer Nature. This book was released on 2020-12-05 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting a practical perspective, this book provides a comprehensive analysis of the Directives adopted by the European Union concerning the rights of and safeguards for suspected and accused persons in criminal proceedings. It is the result of a collaboration between scholars and legal practitioners, and the first work of its kind to examine all relevant rights and safeguards in a single volume. The book offers readers panoramic, functional and in-depth insights into the EU legal framework and related European case law, and highlights the main issues and gaps identified by the authors in legal practice. In addition, it provides recommendations, guidelines and effective solutions applicable to criminal proceedings.
Download or read book Defence Rights written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing internationalization and Europeanization of criminal procedures has created new challenges to traditional defense rights. Hence, the Ghent Bar Association, the Bar Association of The Hague, and Ghent University have joined forces, exploring and addressing these challenges during an international conference held in Ghent in November 2012. This book examines the various topics presented at the conference. Whereas international criminal tribunals - especially the International Criminal Court (ICC) - should play an exemplary role when it comes to the right to fair trial and adequate access to a lawyer, reality proves to be troublesome. In this respect, the book addresses key issues: What is the status quaestionis of the defense position and procedural rights before international criminal tribunals, more specifically the ICC? Has the Rome Statute lived up to its expectations after a decade of its application? Can defense before international tribunals keep functioning without a Bar? What are the needs for such a defense to be adequate, knowing that it balances on the borderline between the Anglo-Saxon legal system and the Northern European system? At the same time, defense and procedural rights are developing as a result of different EU Directives which have been or are now being negotiated. This is of major importance to every penalist, even in strictly national cases. The book presents and critically assesses the entire EU 'roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.' The EU Directives on the right to information in criminal procedure, the right of access to a lawyer in criminal proceedings, and the right to communicate upon arrest - which are about to revolutionize traditional domestic criminal procedural law - are assessed. Further, the book addresses the important implications and challenges for the legal position of detainees as a result of the recent Framework Decision on the mutual recognition of custodial sentences and measures involving deprivation of liberty. Finally, awareness is raised concerning the future of procedural rights in the framework of cross-border evidence gathering and admissibility. The book will be essential reading for both defense practitioners and scholars taking an interest in defense and procedural rights in criminal matters.
Download or read book European Union Committee 1st Report Of Session 2004 05 written by Great Britain. Parliament. House of Lords. European Union Committee and published by Stationery Office/Tso. This book was released on 2005-02-07 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Committee's report examines the proposal by the European Commission for a Council Framework Decision setting out minimum procedural rights for defendants in criminal cases applicable across the EU. These rights would include access to legal advice, interpreting and translation services; and communication with consular authorities. This proposal has been developed in response to the concerns raised in the European Parliament and elsewhere about the lack of provision for procedural safeguards in recent security measures, such as the European Arrest Warrant, passed in light of events such as the September 11th terrorist attacks and the Madrid bombings. The Committee concludes that these measures will be important in enhancing the degree of mutual trust between EU member states and in raising public confidence that British citizens abroad will have access to comparable criminal justice standards as those in the UK. The report also contains a detailed analysis of the Framework Decision and makes a number of specific recommendations for change.
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.
Download or read book Human rights and criminal procedure written by Jeremy McBride and published by Council of Europe. This book was released on 2018-06-18 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.
Download or read book Effective Criminal Defence in Europe written by Ed Cape and published by Intersentia NV. This book was released on 2010 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year, millions of people across Europe - innocent and guilty - are arrested and detained by the police. For some, their cases go no further than the police station, but many others eventually appear before a court. Many will spend time in custody both before and following trial. Initial attempts by the European Union to establish minimum procedural rights for suspects and defendants failed in 2007, in the face of opposition by a number of Member States who argued that the European Court of Human Rights (ECHR) rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defense rights are again on the agenda. Based on a three year research study, this book explores and compares access to effective defense in criminal proceedings across nine European jurisdictions (Belgium, England/Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey) that constitute examples of the three major legal traditions in Europe: inquisitorial, adversarial, a
Download or read book Human Rights in European Criminal Law written by Stefano Ruggeri and published by Springer. This book was released on 2015-01-02 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.
Download or read book Transnational Evidence and Multicultural Inquiries in Europe written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-12-12 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.
Download or read book EU Procedural Law written by Koen Lenaerts and published by . This book was released on 2014-03 with total page 1051 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines their role, competences and the types of actions that may be brought before them.
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 EU Criminal Law after Lisbon written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2016-06-30 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor's Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant System) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK participation in Europe's area of criminal justice and the feasibility of a Europe à-la-carte in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core.
Download or read book European Evidence Warrant written by John A. E. Vervaele and published by Intersentia nv. This book was released on 2005 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transnational gathering and use of criminal evidence is a complex and sensitive matter that affects basic principles inherent in national criminal justice systems. Replacing the mutual assistance regime (letters rogatory) by a mutual recognition regime intends to facilitate the admissibility of evidence obtained from the territory of another Member State. How much harmonization of criminal procedure is needed to guarantee the free movement of criminal evidence in the EU? Do we have to develop common procedural safeguards in the EU, or can we build in human rights clauses or procedural public order clauses by which respect for fundamental rights can be a ground for the non-recognition, non-execution or postponement of the order from the issuing state? John Vervaele is Professor in Economic and Financial Criminal Law at the University of Utrecht and Professor in European Criminal Law at the College of Europe of Bruges. The main topics in his research field are: enforcement of Union law; standards of due law, procedural safeguards and human rights; criminal law and procedure an regional integration; comparative economic and financial criminal law. He has realized a lot of research in these areas, both for Dutch Departments and European Institutions and also worked as a consultant for them.
Download or read book The Principle of Mutual Trust in EU Criminal Law written by Auke Willems and published by Bloomsbury Publishing. This book was released on 2021-02-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.
Download or read book The Criminal Process and Human Rights written by Mireille Delmas-Marty and published by Martinus Nijhoff Publishers. This book was released on 1995 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The title of this work illustrates the two difficulties which the chosen theme poses, difficulties which arise from the confrontation between collective and individual interests. On the one hand, the criminal process is based on the protection of society; on the other hand, human rights implies respect for all individuals implicated in that process, be they victim, witness or accused. A third difficulty arises in relation to the new influence of European law. While the right to judge has long appeared to be the most obvious indication of national sovereignty, it is now subject to supranational control and a State can be censured by the European Court of Human Rights. Part One of this volume analyses the period of reform in various Eastern and Western European countries; Part Two explores the debate among jurists, historians, sociologists and philosophers on the subject of the criminal trial in a democratic society. Finally, Part Three reflects on the issue within the context of the European Community and the European Council and explores the question of a future model for the European criminal trial. Professor "Mireille Delmas-Marty" teaches at l'Universite de Paris I - Pantheon Sorbonne and is a member of l'Institut Universitaire de France. She is the editor of "The European Convention" "for the Protection of Human Rights, International Protection versus" "National Restrictions" (Martinus Nijhoff Publishers, 1992.)
