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 Admissibility of Evidence in EU Cross Border Criminal Proceedings written by Lorena Bachmaier Winter and published by Bloomsbury Publishing. This book was released on 2024-05-16 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.

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 The Fight Against Impunity in EU Law written by Luisa Marin and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.

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 EU Justice and Home Affairs Law written by Steve Peers and published by Oxford University Press. This book was released on 2023-10-26 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Criminal Law, Policing, and Civil Law offers comprehensive coverage and expert analysis of every facet of EU Justice and Home Affairs Law concerning policing, criminal law, and cross-border civil cooperation. Fully updated to include the latest legislation and case law, this volume includes discussion of Europol, Eurojust, the European Public Prosecutor, fair trials laws, the European Arrest Warrant, the European Investigation Order, transfer of prisoners, EU rules on double jeopardy, exchange of policing information, interception of telecoms, and cross-border cooperation on civil cases. It also fully explains the EU's relationship with the UK in this field after Brexit, as well as the EU's arrangements with other non-EU countries. Steve Peers' seminal text, EU Justice and Home Affairs Law, appears in its fifth edition and is available in two separate volumes covering asylum and immigration law and criminal law, policing, and civil law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.

Download or read book The Role of EU Agencies in Fighting Transnational Environmental Crime written by Valsamis Mitsilegas and published by BRILL. This book was released on 2017-02-06 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last decades have witnessed a growing emphasis on the relationship between environmental law and criminal law. Legislation aimed at tackling environmental crime has been adopted at national, EU, and international level and has been gradually evolving over time. These developments notwithstanding, the current legal framework faces a number of challenges in tackling the largely inter-related phenomena of transnational, organised and economic environmental crime. This study by Valsamis Mitsilegas and Fabio Giuffrida addresses these challenges by focusing on the role of the European Union- and more specifically its criminal justice agencies (Europol and Eurojust)- in tackling transnational environmental crime. The study analyses the role of Eurojust and Europol in supporting and coordinating the competent national authorities dealing with investigations and/or prosecutions on transnational environmental crime, and it shows that, for the time being, the full potential of these agencies is not adequately exploited with regard to fighting this phenomenon effectively

Download or read book Controlling EU Agencies written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2020-05-29 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Controlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification and Europeanisation of the executive in the EU.

Download or read book Data Protection Migration and Border Control written by Teresa Quintel and published by Bloomsbury Publishing. This book was released on 2022-11-17 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.

Download or read book European Criminal Law written by Kai Ambos and published by Cambridge University Press. This book was released on 2018-06-07 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since their creation, the European Union and the Council of Europe have worked to harmonise the justice systems of their member states. This project has been met with a series of challenges. European Criminal Law offers a compelling insight into the development and functions of European criminal law. It tracks the historical development of European criminal law, offering a detailed critical analysis of the criminal justice systems responsible for its implementation. While the rapid expansion and transnationalisation of criminal law is a necessary response to the growing numbers of free movement of persons and goods, it has serious implications for the rights of European citizens and needs to be balanced with rights protections. With its close analysis of secondary legislation and reliance on a wide variety of original sources, this book provides a thorough understanding of European Criminal Law and the institutions involved.

Download or read book Justice Issues in Europe written by Great Britain. Parliament. House of Commons. Justice Committee and published by The Stationery Office. This book was released on 2010 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: Incorporating HC 54-i-iii, session 2009-10 and HC 1093-i-ii, session 2008-09

Download or read book Fighting the illicit trafficking of cultural property written by Boz, Zeynep and published by UNESCO Publishing. This book was released on 2018-12-31 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Global Injustice and Crime Control written by Wendy Laverick and published by Routledge. This book was released on 2016-02-12 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Injustice and Crime Control places cross-border, cross-national and international crime and crime control within its wider context. It examines theory from a range of disciplines and introduces students to the frequently neglected area of the world order and world politics, in an effort to direct attention to the links between events, power, ideas, institutions, policies, actions and counter-actions at the international and domestic level. In an increasingly interconnected and interdependent world, the various dimensions of globalisation play a pivotal role in issues of crime and criminal justice in the 21st century. This interdisciplinary textbook offers a critical treatment of the development and recent acceleration of national, regional and international efforts at cross-border crime control and law enforcement. The book not only places cross-national and international efforts by police, courts, regional and international agencies within their historical context, but also focuses on elucidating leading theoretical perspectives from within globalisation literature, criminology and international relations to shed light upon both sides of this phenomenon. Areas covered include: cross-border crime and security, state crime and corruption, international responses to genocide, terrorism and counter-terrorism, organised crime. This book will be perfect reading for modules in transnational crime and justice and will be of interest to students in criminology, policing, public policy and international relations.

Download or read book Judicial Co Operation in the Eu written by Great Britain. Parliament. House of Lords. European Union Committee and published by The Stationery Office. This book was released on 2004 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eurojust (the EU Judicial Co-operation Unit) was established by a Council Decision in February 2002 to facilitate judicial co-operation in criminal matters within the EU. It comprises a group of full-time judges and prosecutors, one from each of the 25 EU member states, who assist national authorities in investigation and prosecuting serious cross-border crime, such as terrorism, drug trafficking, money laundering and trafficking in human beings. The Committees report finds that Eurojust has proved itself to be a highly effective means of facilitating co-operation in these matters, and notes that the Office of the European Public Prosecutor (to be established in due course) should build on its approach. Five key recommendations are made to further enhance the effectiveness of Eurojust including the need for data protection rules and for closer co-operation with Europol and the European Anti-Fraud Office (OLAF).

Download or read book The Legal Regulation of Environmental Crime written by Valsamis Mitsilegas and published by BRILL. This book was released on 2022-01-17 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Regulation of Environmental Crime - The International and European Dimension provides a timely, comprehensive and holistic analysis of the international and EU legal frameworks aimed at tackling environmental crime. Bringing together a team of leading international and EU scholars with distinct expertise in environmental law and environmental criminal law, the volume discusses current reforms of environmental law at the international and EU levels.

Download or read book The Autonomy of European Union Agencies written by Martijn Groenleer and published by Eburon Uitgeverij B.V.. This book was released on 2009 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Money laundering and the financing of terrorism written by Great Britain: Parliament: House of Lords: European Union Committee and published by The Stationery Office. This book was released on 2009-07-22 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence taken before Sub-committee F (Home Affairs)