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 289 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.

Download or read book Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU written by Alejandro Hernández López and published by Springer Nature. This book was released on 2022-11-21 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings established an ad hoc procedure for settling conflicts of criminal jurisdiction based on the mutual exchange of information and the establishment of direct consultations between the competent authorities with a view to reaching consensus on an effective solution. However, neither common legally binding criteria for deciding the best jurisdiction nor specific rules for the transfer of proceedings (which can occur after parallel proceedings have been identified) were established in this instrument, or in any other instrument adopted by the EU to date. This book analyses the current EU legal framework on conflicts of jurisdiction and transfer of criminal proceedings, paying special attention to its numerous shortcomings and loopholes from a fundamental rights and due process of law perspective. The book begins with an assessment of the various principles and grounds used by Member States for claiming criminal jurisdiction. Secondly, de lege lata EU procedure on the settlement of conflicts of criminal jurisdiction, as well as its implementation in Spain and Italy, are thoroughly examined. After discussing the main principles and fundamental rights at stake, the author proposes two alternative and original de lege ferenda models for the prevention and settlement of conflicts of criminal jurisdiction and transfer of criminal proceedings, exploring the different possibilities offered by the EU’s primary law.

Download or read book Good Administration and the Council of Europe written by Ulrich Stelkens and published by Oxford University Press. This book was released on 2020-09-11 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good Administration and the Council of Europe: Law, Principles, and Effectiveness examines the existence and effectiveness of written and unwritten standards of good administration developed within the framework of the Council of Europe (CoE) and in the case law of the European Court of Human Rights. These standards - called 'pan- European general principles of good administration' - cover the entire range of general organizational, procedural, and substantive legal institutions meant to ensure a democratically legitimized, open, and transparent administration respecting the rule of law. They are about the 'limiting function' of administrative law: its function to protect individuals from arbitrary power, to legitimize administrative action, and to combat corruption. This book analyses the sources and functions of the pan-European general principles of good administration and seeks to uncover how deeply they are rooted in the domestic legal systems of the CoE Member States. It comprises 28 country reports dedicated to an in-depth exploration of the impact of these standards on the national legal systems of the Member States written by respective experts on these systems. It argues that the pan-European general principles of good administration lead to a certain harmonization of the legal orders of the Member States with regard to the limiting function of administrative law despite the many fundamental differences between their administrative and legal systems. It comes to the further conclusion that the pan-European general principles of good administration can be considered as a concretization of the founding values of the CoE and describes the 'administrative law obligations' a Member State entered into when joining the CoE.

Download or read book European Criminal Law written by Kai Ambos and published by . This book was released on 2018-06-07 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: European criminal law faces many challenges in harmonising states' criminal justice systems. This book presents a systematic analysis of this legal area and examines the difficulties involved.

Download or read book Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-01-09 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources. Due to this complex scenario, this research has been carried out from a four-level perspective. The first part provides a critical analysis of the multilevel systems of protecting fundamental rights from the perspective of supranational and constitutional case law, and in the field of international and organized crime. The second part focuses on EU judicial cooperation in three main fields: financial and serious organized crime, mutual recognition tools, and individual rights protection. The third part provides the perspectives of ten domestic legal systems in two fields, i.e., obtaining evidence abroad and cooperation with international criminal tribunals. The fourth part analyses cross-border inquiries in comparative law, providing a reconstruction of different models of obtaining evidence overseas.

Download or read book The Future of Police and Judicial Cooperation in the EU written by Cyrille J.C.F. Fijnaut and published by BRILL. This book was released on 2009-11-23 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1990s, cross-border police and judicial cooperation has become a very important domain of the European Union. The Lisbon Treaty – if accepted by all the Member States – will certainly be a major stimulus to its further development in the field of internal security as well as in the field of external policy. In any event, the recent proposal for a new third comprehensive policy programme with regard to the Area of Freedom, Security and Justice – the so-called Stockholm Programme – foreshadows some of the changes the Brussels institutions and the Member States would like to embrace in the coming years. This book contains the contributions of scholars and practitioners to a conference on the future of police and judicial cooperation in the European Union that took place in November 2008 at Tilburg University. Referring to what has been achieved in this domain since the Treaty of Maastricht, these papers not only assess the proposals that have been put forward in successive policy documents relating to the Stockholm Programme, but they also pinpoint to the ongoing problems in the theory and practice of police and judicial cooperation within the European Union and to the ways in which these questions could best be solved.

Download or read book The Cambridge Companion to European Criminal Law written by Kai Ambos and published by Cambridge University Press. This book was released on 2023-02-28 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a straightforward, comprehensive and up-to-date picture of the state of affairs in European Criminal Law.

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 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 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 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 282 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 Principle of Mutual Recognition in EU Law written by Christine Janssens and published by OUP Oxford. This book was released on 2013-10-31 with total page 1970 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.

Download or read book A New Narrative for a New Europe written by Daniel Innerarity and published by Rowman & Littlefield. This book was released on 2018-10-31 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to the European Commission, Europe is facing a transversal crisis that obliges the rethinking and redefinition of its narrative. As a result of the economic crisis that has affected Europe during the past years, Europe has in turn faced a structural crisis that forces the reconsideration of its own existence. The foundation of the European project, the promises of Democracy and Human Dignity, need to be assessed. The internal crisis and global challenges require a paradigm shift to establish a new foundation upon which to keep those promises alive. This crisis is multidimensional: environmental, cultural, political, social, economic, etc. and the European Union should tackle it as such. The book aims at contributing to that debate by offering a new conceptual approach to the core ideas of European integration process (sovereignty, diversity, common challenges, etc). By doing so, the edited volume settles the ground for some institutional and legal transformations that may reflect this new narrative for a new Europe.

Download or read book Personal Participation in Criminal Proceedings written by Serena Quattrocolo and published by Springer. This book was released on 2019-01-21 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.

Download or read book Sentencing in International Criminal Law written by Silvia D'Ascoli and published by Bloomsbury Publishing. This book was released on 2011-04-01 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.

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 467 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 Cross border litigation in a digital context from classrooms to judiciary written by Andrea Spada Jiménez and published by ESIC. This book was released on 2024-04-03 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: