The Future of Legal Europe: Will We Trust in It? PDF Download

Author: Gavin Barrett
Publisher: Springer Nature
ISBN: 3030682536
Category : Law
Languages : en
Pages : 875

View

Book Description
With this Liber Amicorum, around 50 contributors from the legal and judicial professions, from academia and from politics pay tribute to Dr Wolfgang Heusel, the Director of the Academy of European Law (ERA) in Trier from 2000 to 2020. The contributions provide a thorough analysis of some of the most relevant legal and political challenges faced by the European Union, including in the fields of data protection rules, artificial intelligence, the rule of law, human rights protection, institutional reform of the EU and changes in the legal and judicial professions. The book is primarily aimed at postgraduate students, legal practitioners and scholars interested in EU legal matters.

Author:
Publisher: Odile Jacob
ISBN: 2738186408
Category :
Languages : en
Pages : 276

View

Book Description

Author: John A. E. Vervaele
Publisher: Intersentia nv
ISBN: 9050954936
Category : Criminal law
Languages : en
Pages : 330

View

Book Description
The transnational gathering and use of criminal evidence is a complex and sensitive matter that affects basic principles inherent in national criminal justice systems. Replacing the mutual assistance regime (letters rogatory) by a mutual recognition regime intends to facilitate the admissibility of evidence obtained from the territory of another Member State. How much harmonization of criminal procedure is needed to guarantee the free movement of criminal evidence in the EU? Do we have to develop common procedural safeguards in the EU, or can we build in human rights clauses or procedural public order clauses by which respect for fundamental rights can be a ground for the non-recognition, non-execution or postponement of the order from the issuing state? John Vervaele is Professor in Economic and Financial Criminal Law at the University of Utrecht and Professor in European Criminal Law at the College of Europe of Bruges. The main topics in his research field are: enforcement of Union law; standards of due law, procedural safeguards and human rights; criminal law and procedure an regional integration; comparative economic and financial criminal law. He has realized a lot of research in these areas, both for Dutch Departments and European Institutions and also worked as a consultant for them.

Author: Miroslava Scholten
Publisher: Edward Elgar Publishing
ISBN: 1802208038
Category : Law
Languages : en
Pages : 581

View

Book Description
This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms.

Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 1509904174
Category : Law
Languages : en
Pages : 805

View

Book Description
This is the second edition of EU Criminal Law, which has become since its publication in 2009 a key point of reference in the field. The second edition is updated and substantially expanded, to take into account the significant growth of EU criminal law as a distinct legal field and the impact of the entry into force of the Lisbon Treaty on European integration in criminal matters. The book offers a holistic and in-depth analysis of the key elements of European integration in criminal matters, including EU powers and competence to criminalise, the evolution of judicial co-operation under the principles of mutual recognition and mutual trust, EU action in the field of criminal procedure including legislation on the rights of the defendant and the victim, the evolving role of European bodies and agencies (such as Europol, Eurojust and the European Public Prosecutor's Office) in European criminal law, and the development of EU-wide surveillance and data gathering and exchange mechanisms. Several chapters are devoted to the external dimension of EU action in criminal matters (including transatlantic counter-terrorism cooperation and the impact of Brexit on EU Criminal Law) Throughout the volume, the constitutional and fundamental rights implications of European integration in criminal matters are highlighted. Covering all the key principles of EU law, with clear explanation and rigorous analysis, this will give scholars, students, policy makers and legal practitioners interested in the subject a strong understanding of this fascinating but sometimes complex field.

Author: Christiane Höhn
Publisher: Bruylant
ISBN: 2802770705
Category : Political Science
Languages : en
Pages : 666

View

Book Description
Ce Liber Amicorum, qui rend hommage à Gilles de Kerchove, coordinateur de l’Union européenne pour la lutte contre le terrorisme de 2007 à 2021, dresse le bilan de ce qui a été mené dans ce secteur ces dernières années et se penche également sur les défis à venir. Après une introduction retraçant le parcours du récipiendaire, la première partie se penche sur différents aspects de la coopération au sein de l’Union européenne, allant du mandat d’arrêt européen, à la protection des droits fondamentaux en passant par le rôle de certaines institutions ou agences de l’UE. La deuxième partie traite de la coopération entre l’UE et le reste du monde, qu’il s’agisse d’organisations mondiales ou de certains États en particulier, comme les États-Unis. La troisième partie, plus transversale, rassemble des contributions diverses touchant notamment à l’État islamique, au financement du terrorisme, aux victimes et aux nouvelles technologies. L’ouvrage se clôt par une quatrième partie relative à la prévention, à la lutte contre la radicalisation, aux valeurs, à la liberté de la presse et à la littérature. Les auteurs, issus de diverses parties du monde, présentent des profils très divers, parmi lesquels d’éminentes figures politiques, des fonctionnaires européens, des académiques, des magistrats et des journalistes. L’ouvrage a été coordonné par Dr. Christiane Höhn, Conseillère principale de Gilles de Kerchove, Isabel Saavedra, son Assistante personnelle et Prof. Anne Weyembergh, Professeur ordinaire à l’Université libre de Bruxelles (ULB). * * * This Liber Amicorum, which pays tribute to Gilles de Kerchove, EU counter-terrorism coordinator from 2007 to 2021, takes stock of what has been achieved in this field in recent years and looks at the challenges ahead. After an introduction tracing the recipient’s background, the first part looks at different aspects of cooperation within the European Union, ranging from the European arrest warrant, to the protection of fundamental rights and the role of certain EU institutions or agencies. The second part deals with cooperation between the EU and the rest of the world, both with global organisations and with specific States, such as the United States. The third, cross-cutting part brings together various contributions relating to the Islamic State, the financing of terrorism, victims and new technologies. The book concludes with a fourth part on prevention, the fight against radicalisation, values, freedom of the press and literature. The authors come from various parts of the world and present a wide range of profiles, including prominent political figures, EU officials, academics, magistrates and journalists. The book was coordinated by Dr. Christiane Höhn, Principal Advisor to Gilles de Kerchove, Isabel Saavedra, his Personal Assistant and Prof. Anne Weyembergh, Professor at the Université libre de Bruxelles (ULB).

Author: Valsamis Mitsilegas
Publisher: BRILL
ISBN: 9004506381
Category : Law
Languages : en
Pages : 300

View

Book Description
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.

Author: Jacob Öberg
Publisher: Bloomsbury Publishing
ISBN: 1509903364
Category : Law
Languages : en
Pages : 253

View

Book Description
PRAISE FOR THE BOOK “...essential reading for anyone interested in the existence and exercise of EU powers in the field of criminal law. Öberg's critical examination of the constitutional constraints to EU action also raises many questions that are of great interest in other areas of EU competence. The book deserves a wide readership among scholars interested in the constitutional workings of the European Union.” Samuli Miettinen, University of Helsinki & Tallinn University "The main strength of this book lies in its comprehensiveness of dealing with the topical issue of EU regulatory criminal law from the fascinating perspective of limits to EU powers. Its particular contribution to existing scholarship in the field of EU criminal law concerns its focus on judicial checks on the exercise of competences as to which the book offers a convincing proposal for a stricter standard for judicial review in matters of regulatory criminal law and beyond." Professor Jannemieke Ouwerkerk, Leiden Law School "An excellent read on competence allocation in EU law and what it means in criminal law context. This book guides the reader through very complex questions of the contours of subsidiarity, national competences and the exact limits of EU powers. It also supplies up to date case studies of financial crimes and the need for the EU to act effectively and thereby increase confidence in the market and the challenges it may cause for national systems. A very timely contribution." Ester Herlin Karnell, VU University Amsterdam Pursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law.

Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 1782259880
Category : Law
Languages : en
Pages : 340

View

Book Description
This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor's Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant System) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK participation in Europe's area of criminal justice and the feasibility of a Europe à-la-carte in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core.

Author: Stanisław Tosza
Publisher: Springer Nature
ISBN: 3030678024
Category : Law
Languages : en
Pages : 596

View

Book Description
This book focuses on the enforcement aspect of tobacco control policy, and argues that the intense regulation of the tobacco market will never be successful as long as it can be circumvented by the availability of illicit tobacco products. Yet, current efforts to combat illicit tobacco trade are insufficient, suffering from several flaws and gaps at the regulatory and operational levels. The aim of this book is to provide an analysis of the legal framework and practice of enforcement with regard to illicit tobacco products. Combining criminological and legal perspectives, it presents and critically analyses the phenomenon of illicit tobacco trade, as well as the policies, legal frameworks and practices in six EU countries with regard to combatting this phenomenon, assessing the strengths and weaknesses of their approaches. Furthermore, it studies the relationship between the EU and third countries (e.g. Ukraine) in terms of how the EU can influence policy and enforcement in these countries in order to counter illicit tobacco trafficking. Not exclusively focusing on the EU, the book also includes an analysis of enforcement against illicit tobacco products in the US. The EU Member States analysed in the book (Belgium, Germany, Italy, Latvia, the Netherlands and Poland) reflect the range of currently available approaches. Some of them have ratified the WHO Protocol against tobacco smuggling; others have not. They belong to different legal traditions and face different challenges due to their respective border situations. While Belgium and the Netherlands are key entry ports to the EU, Poland and Latvia represent the Eastern land border of the EU, with various regional challenges. Italy has a long maritime border, where trafficking is possible from Northern Africa and from the Middle East. It also has significant experience in fighting organised crime. Lastly, Germany is the largest market in Europe and situated in the middle of these trafficking routes.