Download or read book Pre trial Detention in the European Union written by A. M. van Kalmthout and published by . This book was released on 2009 with total page 1014 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Perspectives on Pre Trial Detention written by Christine Morgenstern and published by Taylor & Francis. This book was released on 2023-09-15 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: High levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent. In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases in Europe influence policy and practice. Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.
Download or read book Pre trial Detention written by Voislav Stojanovski and published by LAP Lambert Academic Publishing. This book was released on 2014-07-09 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the entry into force of the Treaty of Lisbon, the EU has acquired a competence in criminal procedure law and in the field of procedural rights of persons who are accused of committing a criminal offence. Harmonizing the way in which criminal proceedings are being conducted and safeguarding the rights of the accused in a uniform manner throughout the EU has therefore become possible. This book addresses international legislative measures which are already in place, underway, or planned to be adopted in near future. Additionally, the case-law with regard to pre-trial detention of a number of international courts is analyzed. Together, they serve as the starting point leading to an answer of the main questions that this book poses: Do we already have minimum standards stemming from international law with regard to criminal proceedings involving pre-trial detention? If so, are they properly understood and applied at national level in the Member States of the EU? If not, what is the European Union doing or can do to improve the rights of persons in pre-trial detention? The analysis should be especially useful to criminal justice professionals working in the area of EU law.
Download or read book Human Rights and Pre trial Detention written by United Nations Centre for Human Rights and published by New York and Geneva : United Nations. This book was released on 1994 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pre trial Detention in the Netherlands written by J. H. Crijns and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of pre-trial detention has been criticized and debated frequently in Europe, and especially in the Netherlands. Questions are raised whether pre-trial detention is used too often and whether the practice of pre-trial detention is in line with standards set by the ECtHR. This research on pre-trial detention in the Netherlands is part of a broader EU wide research project on the application of pre-trial detention in a selected number of EU member states. Goal of the research project is collecting information on the legal framework on pre-trial detention and its application in practice in a selection of member states. This in order to inform the debate on the European level on the necessity of EU-legislation in this field. The research findings are based on questionnaires filled in by defence lawyers, observing pre-trial detention hearings, reviewing case files of closed cases and inter views with judges and prosecutors. The main conclusion of the Dutch research is that the Dutch legislation on pre-trial detention generally is in conformity with European standards. However, the practice of applying pre-trial detention falls somewhat short of these standards; especially the high percentage of pre-trial detention being ordered, the limited reasoning of decisions and the infrequent use of alternatives to pre-trial detention are noteworthy. (Series: Meijers Research Institute and Graduate School of the Leiden Law School of Leiden University) [Subject: Criminal Law and Procedure]
Download or read book Liberty and Security in Europe written by Stefano Ruggeri and published by V&R Unipress. This book was released on 2012-04-04 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over recent years most of the criminal justice systems in Europe have witnessed a tendency to enhance the role of pre-trial inquiries. Different kinds of pre-trial measures have had a heavy impact on the fundamental rights of individuals involved in criminal procedures.The book contains a comparative study of four European countries on pre-trial precautionary measures limiting personal liberty. This comparison is part of two general frameworks concerning the ECtHR case-law and the EU legislation in the field of the right to liberty and security. In its two level approach, the book provides a critical guide for understanding the most significant changes which occurred in the area of liberty and security in the pre-trial phases of criminal proceedings as well as the protection systems developed in Europe both at national and supranational level to face the new challenges of the modern criminal investigation.
Download or read book European Prison Rules written by Council of Europe. Committee of Ministers and published by Council of Europe. This book was released on 2006-01-01 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.
Download or read book Offender Supervision in Europe written by F. McNeill and published by Springer. This book was released on 2013-11-26 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offender supervision in Europe has developed rapidly in scale, distribution and intensity in recent years. However, the emergence of mass supervision in the community has largely escaped the attention of legal scholars and social scientists more concerned with the mass incarceration reflected in prison growth. As well as representing an important analytical lacuna for penology in general and comparative criminal justice in particular, the neglect of supervision means that research has not delivered the knowledge that is urgently required to engage with political, policy and practice communities grappling with delivering justice efficiently and effectively in fiscally straitened times, and with the challenges of communicating the meaning, legitimacy and utility of supervision to an insecure public. This book reports the findings from a survey of European research on this topic, undertaken during the first year of a European research network that spans twenty countries. As such, it provides the first comprehensive review of research on offender supervision in Europe, opening up an important new field of enquiry for comparative social science, and offering the prospects of better informed democratic deliberation about key challenges facing contemporary justice systems, policymakers and practitioners, and the societies they seek to serve.
Download or read book Preventive Detention written by Stanislaw J. Frankowski and published by BRILL. This book was released on 2022-05-09 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitrary arrest and detention have been the most consistent violations of fundamental individual human rights throughout history. The world's major criminal justice systems reveal the historical struggle between monarchs and dictators on the one hand, and advocates of the supremacy of the rule of law on the other. This struggle has been over the power to arbitrarily arrest and detain persons whether they be accused of common or polical crimes. Preventive Detention: A Comparative and International Law Perspective seeks to reconcile theory and practice by selecting studies representing different legal systems, thus advancing the multi-disciplinary understanding of the application of international and regional human rights norms in criminal justice systems.
Download or read book European supervision order written by Great Britain: Parliament: House of Lords: European Union Committee and published by The Stationery Office. This book was released on 2007-07-25 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is estimated that at any one time 4,500 EU nationals are held in custody in countries other than their normal place of residence. As they are less likely to be granted bail (because of a greater perceived of absconsions) the Commission has proposed a European supervision order (ESO), which would mean that authorities in a person's home State would also be responsible for returning them for trial. This report examines the proposal in detail and makes some recommendations for improvement. The Committee welcome the proposal and think it deserves prompt attention by Member States.
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 Mutual Recognition of Judicial Decisions in European Criminal Law written by Libor Klimek and published by Springer. This book was released on 2016-12-09 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.
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 Law of the Single European Market written by Catherine Barnard and published by Bloomsbury Publishing. This book was released on 2002-06-28 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection explores the legal foundations of the single market project in Europe,and examines the legal concepts and constructs which underpin its operation. While an apparently well-trodden area of EU law, such is the rapid evolution of the European Court's case law that confusion persists as to the meaning of core concepts. The approach adopted is a thematic one, with each theme being explored in the context of the different freedoms. The themes covered include discrimination, horizontality, mutual recognition, market access, pre-emption and harmonization, enforcement, mandatory requirements, flexibility, subsidiarity and proportionality. Separate chapters explore the link between competition law and the single market, the rapidly evolving case law on capital, and the external dimension of the single market. Contributors also address the WTO dimension, and its important implications for the single market project in Europe.
Download or read book Probation in Europe written by A. M. van Kalmthout and published by . This book was released on 2008 with total page 1181 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Foreign offenders in prison and on probation in Europe written by Marcelo F. Aebi and published by Council of Europe. This book was released on 2019-12-02 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there really an over-representation of foreign citizens in European prisons? Is the presence of foreign inmates comparable across regions and countries of Europe? How can one explain the differences in the trends shown by the absolute numbers and the percentages of foreign inmates from 2005 to 2015? Do foreign citizens have less access than nationals to alternatives to imprisonment? Do the data available allow researchers to establish whether the growth in the use of community sanctions and measures since the 1990s plays a role in the fluctuations observed in the percentage of foreign inmates? The answers to these and many other questions can be found in this book, which compiles and updates a series of specific indicators collected over 11 years through the Council of Europe Annual Penal Statistics (better known as the SPACE statistics), and accompanies the two volumes on prisons in Europe 2005-2015 in this collection. This volume includes maps and tables illustrating the state of prison (2005-2015) and probation agencies (2009-2015). In addition, the situation is analysed through individual country profiles, which include key facts and graphs covering the years 2005-2015.
Download or read book Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE written by United States. Congress. Commission on Security and Cooperation in Europe and published by . This book was released on 1990 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
