Download or read book Mutual Legal Assistance Agreement with the European Union written by European Union and published by . This book was released on 2006 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Eu Us Agreements on Extradition and Mutual Legal Assistance written by Great Britain: Parliament: House of Lords: Select Committee on the European Union and published by . This book was released on 2003 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the constitutional, legal and political issues arising from two draft agreements between the EU and the US relating to extradition and mutual legal assistance. The Committee's notes the limited time they were allowed to undertake their inquiry and that they pressed hard for the texts to be made public as the 'confidential' classification was contrary to principles of democratic accountability and open government. With regards to the extradition agreement, the Committee criticises the fact that there is no explicit recognition of extradition being refused on ECHR grounds, and that it does not preclude the prospect of the EU deciding to give primacy to European Arrest Warrants over extradition requests by the US. On mutual legal assistance, conclusions include that due to the variations in data protection systems, the Government should ensure any provision of information to the US authorities requires a high level of data protection.
Download or read book Extradition Treaty with Bulgaria and an Agreement on Certain Aspects of Mutual Legal Assistance in Criminal Matters with Bulgaria written by Bulgaria and published by . This book was released on 2008 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EU UK Police and Judicial Cooperation in Criminal Matters written by Mirena Pencheva and published by Springer Nature. This book was released on 2021-04-21 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the past, present and possible future relationship between the EU and the UK in the fields of law enforcement and judicial cooperation in criminal matters. It examines successively the EU-UK relationship prior to 1 February 2020; the relationship during the transition period; the relationship after the end of the transition period. The book analyses the relevant provisions of the Withdrawal Agreement, the Political Declaration, of the EU and UK negotiating mandates and draft legal texts, and the state of play of the negotiations. It looks at the possible forms that the future cooperation can take and the likely areas, which might be covered, such as cooperation with Europol and Eurojust; criminal records; DNA, dactyloscopic and vehicle registration data; passenger name records; surrender procedures, and mutual legal assistance. It also analyses the overarching issues of protection of personal data and the future role of the Court of Justice of the EU. Finally, this book puts forward some ideas on the possible impact of Brexit on security cooperation within wider Europe and on the possible emergence in future of a European Security Union within wider Europe. The volume is aimed at practitioners and academics in European Studies, International Relations, and Law.
Download or read book International Criminal Law Volume 2 Multilateral and Bilateral Enforcement Mechanisms written by M. Cherif Bassiouni and published by BRILL. This book was released on 2008-12-31 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4:Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of Criminal Proceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).
Download or read book Justice Liberty Security written by Bernd Martenczuk and published by ASP / VUBPRESS / UPA. This book was released on 2008 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is rapidly creating a European space in which citizens can live in Justice, Liberty and Security. This bold push forward in the European integration process touches on three highly sensitive societal subjects: immigration and asylum, civil law, and criminal law. At the same time, work in this area necessarily has an external dimension: we only need to think about asylum and the post September 11 fight against terrorism. Within the European Union, this dynamic development of the external side of justice and home affairs raises challenging issues: friction over the division of competences between the Union and its Member States and between EU institutions; cross-pillar coordination issues; legal and political tensions due to "variable geometry" with numerous "opt-ins" and "opt-outs". In addition, international cooperation brings its own problems: how to explain the internal issues to international partners? How to allow them to become comfortable with an ever more assertive EU role? How to support global governance structures while preserving European human standards? -- Back cover.
Download or read book Instrument as Contemplated by Article 3 2 of the Agreement on Mutual Legal Assistance Between the United States of America and the European Union Signed 25 June 2003 as to the Application of the Treaty Between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America on Mutual Legal Assistance in Criminal Matters Signed 6 January 1994 Instrument as Contemplated by Article 3 2 of the Agreement on Extradition Between the United States of America and the European Union Signed 25 June 2003 as to the Application of the Extradition Treaty Between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of sic Signed 31 March 2003 written by Great Britain: Foreign and Commonwealth Office Staff and published by . This book was released on 2009 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: The instruments are not in force
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 Essential Texts on International and European Criminal Law written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume comprises 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 or organized crime or terrorism. The texts have been ordered according to the multilateral co-operation level within which they were drawn up: either Prum, the European Union (comprising also Schengen-related texts), the Council of Europe, or the United Nations. Now in its seventh edition, the book is meant to provide students, as well as practitioners (judicial and law enforcement authorities, lawyers, researchers, etc.), with essential, accurate, and up-to-date texts on these matters.
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 European Investigation Order written by Maria Angela Biasiotti and published by Springer Nature. This book was released on 2023-09-04 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the era of globalisation, cross-border crimes are becoming increasingly common. The nature of these crimes is complex, and cross-border evidence exchange is, therefore, crucial to the successful prosecution of these offences. The exchange of evidence between countries can provide invaluable assistance in solving crimes that have an international dimension. The European Investigation Order (EIO) allows judicial authorities to request evidence more quickly and easily than via traditional instruments. The EIO has become the primary legal tool for gathering trans-border evidence, replacing the traditional Mutual Legal Assistance (MLA) conventions previously used. However, the EIO is not the only pertinent legal instrument for cross-border evidence gathering within the EU. Accordingly, professionals need a clear understanding of this subject. Exchanging evidence among judicial authorities in the EU Member States presupposes two essential components. First, there must be a secure communication channel. This is provided by e-CODEX, which offers a European digital infrastructure for secure cross-border communication in the field of justice. Recently (May 30th, 2022), the e-CODEX system became the digital backbone of EU judicial cooperation in civil and criminal matters on the basis of Regulation 2022/850. To achieve effective evidence exchange via EIO/MLA legal instruments, there must also be a communication tool. This is provided by the e-Evidence Digital Exchange System, which is capable of managing any EIO/MLA procedures/instruments, from the e-Forms (EIO Annexes) to the whole business logic, on the basis of the e-CODEX system. Finally, it is essential to use a uniform standard for the representation of evidence data and metadata, so as to streamline the process and make investigations more effective, in particular when it comes to complicated criminal cases where it is key to find either correlations among different cases or to extract multiple types of data from the same inspection. The importance of cross-border evidence exchange in criminal matters cannot be overstated. This book addresses all the above-mentioned aspects, offering an up-to-date overview of scenarios in cross-border judicial cooperation from both juridical and technical standpoints.
Download or read book Europe and Japan Cooperation in the Fight against Cross border Crime written by Shin Matsuzawa and published by Taylor & Francis. This book was released on 2022-11-24 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to map and critically analyse the legalisation of EU-Japan cooperation in criminal justice matters, charting the existing legal instruments which regulate cooperation in the fight against crime between European states and Japan. It examines which forms of cooperation are regulated by EU Law, and which are not, and takes stock through selected case studies of the functioning in practice of cooperation between the EU as an organisation, single European States and Japan. The book focuses particularly on police cooperation, exchange of electronic evidence, mutual legal assistance, extradition, transfer of prisoners and data exchanges. It looks at the EU-Japan MLA Agreement, the Europol-Japan National Police Agency Working Arrangement, the negotiations on a PNR Agreement, and the Council of Europe Convention for Transfer of Sentenced Persons; all instruments aimed at regulating cooperation against crime between European states and Japan. Finally, the book also looks at the implications for the fight against crime of the EU-Japan Economic Partnership Agreement, Strategic Partnership Agreement, and the European Commission Adequacy decision. This book will be of key interest to scholars and students of EU Criminal law, EU-Japan cooperation, Japanese studies, transnational crime, and more broadly to comparative criminal justice, International Relations and security studies.
Download or read book Mutual Legal Assistance Agreement with the European Union written by European Union and published by . This book was released on 2006 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Individual as Subject of International Cooperation in Criminal Matters written by Albin Eser and published by Nomos Verlagsgesellschaft. This book was released on 2002 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt: The individual's position as a "subject," commonplace in national proceedings, is not at all clear when the need for extradition, mutual assistance or some other form of international cooperation arises in the context of domestic criminal proceedings. This book analyzes traditional concepts in which only two dimensions are represented, namely, that of the requesting and that of the requested state. Beyond this, the authors searched for a full three-dimensionality as well. The general approach was: If the individual is recognized as having his or her own subjective, substantive and procedural rights, be they conferred by international treaties or conventions or simply by municipal law (here, especially, constitutional guarantees), the legal relationships under study can no longer be seen as two-dimensional. The project focussed not only on extradition but also on other forms of international cooperation in criminal matters, including the enforcement of sanctions. The "choice of forum" came to be seen as a special topic and turned out to be an issue of paramount importance. In addition, our study of international administrative cooperation allowed us to cover some crucial gray areas that would not otherwise have been identified, e.g., police cooperation and international cooperation in tax matters. The book contains national reports on Finland, Germany, Italy, the Netherlands and the United States as well as a report on the European Union.
Download or read book The Nature of Mutual Recognition in European Law written by Wouter van Ballegooij and published by . This book was released on 2015-07-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is substantial disagreement in academic literature over how to address the tensions between the application of mutual recognition and the safeguarding of individual rights, particularly in the EU's criminal justice arena. This book investigates those tensions by re-examining the nature of mutual recognition in European law from an individual rights perspective. A key question is the role played by mutual recognition in the process of reconciling free movement and other interests. The book contains a comparative analysis of mutual recognition in the internal market and the 'area of freedom, security, and justice.' It assesses mutual recognition in the context of the aims of both areas, as well as the principles of European law and norms laid down in primary/secondary EU law. The analysis follows mutual recognition in the fields of product requirements, professional qualifications, and judicial decisions in criminal matters. The book concludes that the core function of mutual recognition has been obscured by assertions made by EU policy makers regarding its consequences, which fail to distinguish between policy objectives, integration methods, and legal obligations. This has also led to a debate among academics and an interpretation of mutual recognition by the Court of Justice which presents an unnecessary conflict between the application of mutual recognition and the safeguarding of individual rights. It is argued that, for mutual recognition to have a stable future in the EU criminal justice area, clarity regarding its aims is urgently required and individual rights need to be enhanced, both in judicial cooperation measures and through harmonization of suspects' rights in criminal proceedings. (Series: Ius Commune Europaeum - Vol. 138) [Subject: European Law, Human Rights Law, Criminal Justice]
Download or read book Extradition Treaty with the Republic of Croatia written by United States. President (2017- : Trump) and published by . This book was released on 2020 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
