The Principle of Mutual Recognition in EU Law PDF Download

Author: Christine Janssens
Publisher: OUP Oxford
ISBN: 0191653896
Category : Law
Languages : en
Pages : 1970

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Book Description
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.

Author: Chloé Brière
Publisher: Bloomsbury Publishing
ISBN: 1509917012
Category : Law
Languages : en
Pages : 467

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Book Description
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.

Author: Jean-Michel De Waele
Publisher: Editions de l'Université de Bruxelles
ISBN: 2800416807
Category : Political Science
Languages : en
Pages : 481

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Book Description
Discover the various scientific debates that Mario Telò has been involved. This edited volume, which has been drafted in honour of Professor Telò’s research career, offers the reader an overview of the various scientific debates that he has been involved in throughout his distinguished career. The aim was to highlight, contextualise and build on his most innovative contributions to each of these debates. This book revolves around four thematic areas, each of which brings together a number of contributions that offer timely reflections on a given question or challenge covered by Professor Telò’s research. EXTRACT We wanted to have a personality of international calibre, espousing different political systems across the world. But we also wanted to bring a good teacher into the fold filling students with enthusiasm, able to lead them to develop their study projects, to establish their vocation as researchers and even to train personalities active in every day life, in fact to promote a European conscientiousness. We know that Mario Telò has perfectly fulfilled these many wishes, in particular through his commitments towards his colleagues as well as his very active role as member and President of the Institut d’études européennes – Institute of European Studies (IEE-ULB), but also through the support that he has given numerous researchers who have completed brilliant doctoral theses under his supervision. It is difficult to pay him tribute, however, as Mario Telò has engaged in and still engages in multiple and international academic activities. We have lost count of the number of foreign invitations that have been extended to him as well as his numerous speeches to defend and to explain the need for a European area. Mario Telò knows better than anyone that European values still need to be defended, that European studies cover several aspects, not just the political integration process in Europe but also the analysis of the behaviour of actors, decision-makers and citizens. We know that the ‘EU acquis’ is often temporary and several times the work has to be redone, as the difficulties of functioning with twenty-eight member states, and soon to be twenty-seven member states, show. The European Union does not always respond to the democratic deficit, the political integration approach needs to show the usefulness and expected benefits of European cooperation essential to its existence in a very tense global context. The energy of Mario Telò, his creativity, his international engagement, his academic openness will always be essential to the ULB. A member of the Académie Royale de Belgique [Royal Academy of Belgium], in the Classe des Lettres et des Sciences morales et politiques [section of letters and moral and political sciences], Mario Telò will always find the opportunity to express his analyses and proposals to get through the currently very troubled time of Europe’s and the world’s evolution.

Author: Stefano Ruggeri
Publisher: V&R Unipress
ISBN: 3862349675
Category : Law
Languages : en
Pages : 296

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Book Description
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.

Author: Ermioni Xanthopoulou
Publisher: Bloomsbury Publishing
ISBN: 1509922261
Category : Law
Languages : en
Pages : 249

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Book Description
This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights. After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment. It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels. The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis-à-vis mutual trust.

Author: Hermann-Josef Blanke
Publisher: Springer Nature
ISBN: 3030435113
Category : Law
Languages : en
Pages : 1699

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Book Description
The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty of the European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from twenty-eight European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law.Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.

Author: Ariadna Ripoll Servent
Publisher: Routledge
ISBN: 1317292561
Category : Political Science
Languages : en
Pages : 921

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Book Description
Justice and Home Affairs is one of the fastest expanding areas of research in European Studies. The European response to security concerns such as terrorism, organised crime networks, and drug trafficking as well as to the challenge of managing migration flows are salient topics of interest to an increasing number of scholars of all disciplines, the media and general public. This handbook takes stock of policy development and academic research in relation to justice and home affairs and analyses the field in an unprecedented thematic depth. The book comprehensively investigates the field from the perspective of the three dimensions central to European integration: the sectoral (policies), the horizontal (states, regions) and the vertical (institutions, decision-making) dimensions. It also discusses the most important theoretical approaches used in this research area and provides the reader with a state of the art picture of the field. By adopting such a comprehensive and broad-based approach, the handbook is uniquely positioned to be an important referent for scholars, practitioners and students interested in the area of justice, home affairs and European politics.

Author: Isabelle Rorive
Publisher: Editions de l'Université de Bruxelles
ISBN: 2800416890
Category : Political Science
Languages : en
Pages : 386

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Book Description
During the 2000s, the European Union has witnessed a significant change in terms of integration policies for immigrants. This book intends to address the relationship between, on the one hand, cultural diversity resulting from migration, and, on the other hand, social cohesion and social justice within Western societies. In order to do this, the authors examine what can be described as two contradictory trends in recent public policies towards foreign people or people with a foreign origin. A book that aims to provide a trans-disciplinary analysis of the construction of “otherness” in North America and Europe. EXTRAIT In October 2010, in a very polemic context on immigration and immigrant integration, the German Chancellor, Angela Merkel, announced that Germany was to be considered a multicultural failure, words that were soon echoed by the Belgian Prime Minister Yves Leterme. A few months later, the British Prime Minister David Cameron and the French President Nicolas Sarkozy announced the failure of multiculturalism in almost identical terms. These sensational statements, which by and large avoid defining the concept of multiculturalism, are based on a reaffirmation of “Western values” and strengthening of national identity. These statements express the need to review the policies on integration of immigrants, in the sense that they should be more active and voluntarist, more organized by the state and more supported by the EU. In the background, one can see fear for Islamic extremism, but also the idea that the nation states can put some obligations on immigrants, and that for a too long time we have been focusing on “those who arrive”, rather than on “the society that welcomes them”. These speeches are situated in a politico-legal context that in recent years was characterized by an ambivalent attitude towards diversity in Europe. On the one hand, we have seen accusations of racial, ethnic and religious discrimination, based on antidiscrimination legislation boosted by a strong European equality legal framework. On the other hand, we have seen denouncements of the perceived risk posed by Islam in Europe. These policy statements are also a result of numerous publications, often widely discussed in the media that outline the dangers of Islam in Europe (especially in the Netherlands). These political positions have also led to political decisions demonstrating the lack of legitimacy of Islam in Europe, such as the ban on building minarets in Switzerland or the Burqa bans adopted in the name of protecting national values and the “living together”, notably in France and Belgium (2011).

Author: Martin Böse
Publisher: Springer Nature
ISBN: 3030557960
Category : Law
Languages : en
Pages : 446

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Book Description
​This book proposes and outlines a comprehensive framework for judicial protection in transnational criminal proceedings that ensures the right to judicial review without hampering the effective functioning of international cooperation in criminal matters. It examines a broad range of potential approaches in the context of selected national criminal justice systems, and offers a comparative analysis of EU Member States and non-Member States alike. The book particularly focuses on the differences between cooperation within the EU on the one hand and cooperation with third states on the other, and on the consequences of this distinction for the scope of judicial review.

Author: Thomas Kostera
Publisher: Editions de l'Université de Bruxelles
ISBN: 2800416661
Category : Political Science
Languages : en
Pages : 414

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Book Description
What happens when the European Union sets new rules for the provision of cross-border healthcare services that once were conceived for the population living on the national territory ? This books presents how new rules on the provision of cross-border healthcare in the European Union have the potential of destabilizing national welfare boundaries. A book of political science that takes Austria, a prototypical Bismarckian healthcare system, as an example, and aims at answering questions by looking at how actors navigate between national institutional constraints and European opportunities. EXTRAIT More than 30 years ago, the social security systems of OECD states were diagnosed to be in crisis. This crisis heralded in the end of the “Golden Age” of the national welfare state. The European OECD states, which were also part of the European Community, all witnessed rising unemployment in the wake of the oil crises, and as a result of economic openness to world markets and rising competition of labor costs, Keynesian economic policies of deficit spending became unavailable as an option to revive the economy. Not only did external processes of globalization demand adaptations of the welfare states, but also internal factors such as the rising age of populations and the change of family patterns questioned whether European welfare states were still capable of delivering for national populations, and how classical branches of the welfare state such as unemployment insurance, pension systems and healthcare systems should be adapted to meet these new challenges (Esping-Andersen, 1996). Along with this crisis diagnosis of the welfare state in general, healthcare systems have become the center of governments’ attention since the 1980s, as spending on health policies has increased while the number people contributing to the social security schemes has decreased due to rising unemployment and slow economic growth. Insofar, healthcare mirrors the challenges that welfare states face in general.