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 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 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 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 401 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 Criminal Law and Policy written by Joanna Beata Banach-Gutierrez and published by Routledge. This book was released on 2016-07-28 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.
Download or read book The Enforcement of EU Law and Values written by András Jakab and published by Oxford University Press. This book was released on 2017-04-07 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.
Download or read book Immigration and Privacy in the Law of the European Union written by Niovi Vavoula and published by BRILL. This book was released on 2022-09-12 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration and Privacy in the Law of the European Union: The Case of Information Systems examines the privacy challenges posed by the establishment and operation of pan-European centralised databases processing personal data of different categories of third-country nationals.
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 Leading Policing in Europe written by Caless, Bryn and published by Policy Press. This book was released on 2017-01-18 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this unique book, the authors present, for the first time, information from over a hundred strategic police leaders in 22 countries about how they are selected for high office, how they are held to account and what their views are on current and future challenges in policing.
Download or read book Europol written by Great Britain. Parliament. House of Lords. European Union Committee and published by The Stationery Office. This book was released on 2008 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the 29th report of the European Union Committee from the 2007-08 session (HLP 183, ISBN 9780104013700) and looks at Europol (the European Police Office) and its efforts in coordinating the fight against serious and organised crime. Europol began in 1999 and will, by 2010 be established as an agency of the EU. The Council Decision bringing about this change in its constitution has made some amendments to its powers, working methods and governance, but in the Committee's view represents a missed opportunity. The Committee finds it is a matter of concern that four-fifths of the information exchanged by national liaison officers stationed at Europol is exchanged without actually going through Europol and is therefore not added to Europol's database. Member States are reluctant to share sensitive information. The Committee believes that Member States should station at Europol only officers and officials with a high security clearance. A success for Europol has been the analysis of information to help investigate particular caregories of crime and following the UK's influence in focusing on organised crime in particular. The Committee believes that other Member States need to be persuaded on the importance of planning for future threats. The Committee also believes that the existing structure for the governance and management of Europol could be enhanced by clarifying the respective duties of the Director and Management Board. Further, the Committee states that if the Treaty of Lisbon came into force, accountability of Europol to the European Parliament and national parliaments would improve.
Download or read book Measuring Organised Crime in Europe written by Tom Vander Beken and published by Maklu. This book was released on 2004 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have been characterised by growing awareness among European member states about serious shortcomings to the way organised crime is measured and assessed. Currently, organised crime reports primarily generate descriptive analyses of a past situation based on law enforcement data and do not always provide the necessary information for proactive and preventive policy strategies. Therefore an EU Action Plan has been issued to develop a more future oriented and risk based methodology for the measurement of organised crime and to convert the traditional organised crime situation reports into strategic reports for planning purposes. This book is the outcome of two studies undertaken by a team composed of Belgian, Italian and Swedish researchers for the European Commission. It presents an overview of current practices in the measurement of organised crime in Europe and includes a discussion about the concept and the assessment of the impact of the phenomenon. Further the feasibility of the implementation of the existing EU Action Plan was studied and evaluated. As a result of applied research Measuring Organised Crime in Europe provides an in depth and comparative analysis of current practice in drafting organised crime reports across and by the EU and offers new ideas to improve their quality.
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 Criminal Law Principles and the Enforcement of EU and National Competition Law written by Marc Veenbrink and published by Kluwer Law International B.V.. This book was released on 2019-11-20 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236
Download or read book Europol and Police Cooperation in Europe written by Michael Santiago and published by Edwin Mellen Press. This book was released on 2000 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research examines the European intelligence agency, Europol. It looks at the application of the centralized mode of information exchange to the information and intelligence exchange process between Europol and member states. The data gathered shows whether this agency is the most appropriate mode of data collection, or whether another model should have been adopted.
Download or read book Handbook on Policing in Central and Eastern Europe written by Gorazd Meško and published by Springer Science & Business Media. This book was released on 2013-04-16 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policing in Central and Eastern Europe has changed greatly since the fall of the Berlin Wall. Some Central and Eastern European countries are constituent members of the European Union, while others have been trying to harmonize with the EU and international requirements for a more democratic policing and developments in accordance with Western European and international policing standards, especially in regard to issues of legality and legitimacy. Changes in the police training system (basic and advanced), internationalization of policing due to transnationalization of crime and deviance, new police organizational structures and agencies have impacted new cultures of policing (from exclusively state to plural policing). This timely volume examines developments in the last two decade to learn the nature of these changes within Central and Eastern Europe, and their impact on police culture, as well as on society as a whole. The development of police research has varied widely throughout Central and Eastern Europe: in some countries, it has developed significantly, while in others it is still in its infancy. This work will allow for a transfer of ideas and models of police organization and policing is also need to be studies closely, with an aim to provide consistent and comparable data across all of the countries discussed. For the twenty countries covered, this systematic work provides: short country-based information on police organization and social control, crime and disorder trends in the last 20 years with an on policing, police training and police educational systems, changes in policing in the last 20 years, police and the media, present trends in policing (public and private, multilateral, plural policing), policing urban and rural communities, recent research trends in research on policing – specificities of research on police and policing (researchers and the police, inclusion of police researchers in policy making and police practice) and future developments in policing.
Download or read book European Security Terrorism and Intelligence written by C. Kaunert and published by Springer. This book was released on 2013-05-07 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU has long been seen as confederation that has failed to assert itself effectively on the international stage. In this collection, a series of experts discuss how the EU has shed its reputation as a weak international actor in light of its policies on police cooperation and intelligence-sharing as part of the global effort to combat terrorism
Download or read book Personal Data Protection and Legal Developments in the European Union written by Tzanou, Maria and published by IGI Global. This book was released on 2020-06-12 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the age of technological advancement, including the emergence of artificial intelligence, big data, and the internet of things, the need for privacy and protection has risen massively. This phenomenon has led to the enforcement of two major legal directives in the European Union (EU) that aim to provide vigorous protection of personal data. There is a need for research on the repercussions and developments that have materialized with these recent regulations and how the rest of the world has been affected. Personal Data Protection and Legal Developments in the European Union is an essential reference source that critically discusses different aspects of the GDPR and the Law Enforcement Directive as well as recent jurisprudential developments concerning data privacy in the EU and its member states. It also addresses relevant recent case law of the Court of Justice of the EU, the European Court of Human Rights, and national courts. Featuring research on topics such as public transparency, medical research data, and automated decision making, this book is ideally designed for law practitioners, data scientists, policymakers, IT professionals, politicians, researchers, analysts, academicians, and students working in the areas of privacy, data protection, big data, information technology, and human rights law.
