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Author: Remy Farrell Publisher: ISBN: 9781905536344 Category : Law Languages : en Pages : 400
Book Description
This book examines in detail, the practice and procedure surrounding the European arrest warrant and its application in Ireland. Surrender under the European Arrest Warrant Act, 2003 has replaced extradition under Parts II and III of the Extradition Act, 1965 as the principal mode of extradition in Europe. The 2003 Act has been operational since 2004 and there are now in excess of 100 written decisions in relation to its operation. A significant number of decisions have finally made the way to the Supreme Court as a result of which many issues can now be regarded as reasonably well settled law for the first time. In addition, there have been a number of recent decisions from the European Court of Justice in relation to the manner in which the Framework Decision ought to be approached by domestic courts in construing domestic legislation. The number of applications under the 2003 Act has roughly doubled each year and is likely to continue to increase as EU Member States attempt to implement the new procedures in place.
Author: Remy Farrell Publisher: ISBN: 9781905536344 Category : Law Languages : en Pages : 400
Book Description
This book examines in detail, the practice and procedure surrounding the European arrest warrant and its application in Ireland. Surrender under the European Arrest Warrant Act, 2003 has replaced extradition under Parts II and III of the Extradition Act, 1965 as the principal mode of extradition in Europe. The 2003 Act has been operational since 2004 and there are now in excess of 100 written decisions in relation to its operation. A significant number of decisions have finally made the way to the Supreme Court as a result of which many issues can now be regarded as reasonably well settled law for the first time. In addition, there have been a number of recent decisions from the European Court of Justice in relation to the manner in which the Framework Decision ought to be approached by domestic courts in construing domestic legislation. The number of applications under the 2003 Act has roughly doubled each year and is likely to continue to increase as EU Member States attempt to implement the new procedures in place.
Author: Elaine Fahey Publisher: ISBN: 9781905536306 Category : International and municipal law Languages : en Pages : 0
Book Description
In the Irish legal order, there is a rapid increase in the amount of case law on European Union law. This book analyzes the key case laws, texts, and commentaries in a diversity of EU law-related subject areas, and it provides an up-to-date and comprehensive collection of materials on EU law. The standard published texts in EU law do not include any materials as to the Irish legal order, and research considering the operation of EU law in the national courts has frequently excluded data as to Ireland on the basis of a paucity of case law. However, in recent years, there has been a major increase in case law in this area from the Irish Superior Courts and a large increase in EU Regulations and Directives in Irish law. A collection of key case law and materials is now a timely one. A mini-schedule of relevant primary legislation and constitutional texts are included in the book, which will be of major interest to students, academics, practitioners, and government/public servants.
Author: Maura Butler Publisher: Oxford University Press, USA ISBN: 0199588791 Category : Law Languages : en Pages : 343
Book Description
Criminal Litigation is a comprehensive guide to the evidential and procedural rules and skills of criminal litigation and advocacy. The manual provides effective practice knowledge of the fundamental elements of criminal procedure, with an emphasis on client care issues. It discusses the role of the solicitor at all stages of the criminal process, where the case is disposed of in either the District Court or the Superior Courts. Procedure is explained from both a prosecution and a defence perspective, beginning with arrest and proceeding to trial and beyond, in a sequential manner that reflects the criminal justice process. The law on regulatory crime sometimes referred to as white collar or corporate crime is distinguished, at a time when legislation in this area is being enacted. This third edition has been extensively revised to include new chapters on regulatory crime, bail law and the European arrest warrant procedure. It is essential reading for trainee solicitors on the Professional Practice Course, and an excellent resource for Irish legal practitioners and other actors in the criminal justice system. Online Resource Centre Changes and developments in the area will be covered by regular updates to the Online Resource Centre.
Author: Anneli Albi Publisher: Springer ISBN: 9462652732 Category : Law Languages : en Pages : 1522
Book Description
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Author: Caroline Fennell Publisher: Bloomsbury Professional ISBN: 9781526504890 Category : Languages : en Pages : 512
Book Description
This the fourth edition gives an up-to-date account of the law of evidence in Ireland. The text is of interest to all those working in the Irish legal system, the criminal legal system in particular as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts. It explores the development of a particular Irish dimension to evidence scholarship, which is based on constitutional notions of fairness. In light of the incorporation of the ECHR, this must continue to be influential in this and possibly other jurisdictions. The phenomenon of the Special Criminal Court is considered and ithe Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is also considered in detail.
Author: Armin von Bogdandy Publisher: Springer Nature ISBN: 366262317X Category : Law Languages : en Pages : 478
Book Description
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Author: Libor Klimek Publisher: Springer ISBN: 3319073389 Category : Law Languages : en Pages : 376
Book Description
This book examines the European arrest warrant as a successful and effective instrument for judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding the European arrest warrant. The book analyses its genesis, main features, surrender procedure, case law, implementation and the latest developments. Instead of focusing solely on a criminal law approach, it also considers the subject from the perspective of European Union law and constitutional law.
Author: Great Britain: Parliament: House of Lords: European Union Committee Publisher: The Stationery Office ISBN: 0104011297 Category : Law Languages : en Pages : 172
Book Description
It is estimated that at any one time 4,500 EU nationals are held in custody in countries other than their normal place of residence. As they are less likely to be granted bail (because of a greater perceived of absconsions) the Commission has proposed a European supervision order (ESO), which would mean that authorities in a person's home State would also be responsible for returning them for trial. This report examines the proposal in detail and makes some recommendations for improvement. The Committee welcome the proposal and think it deserves prompt attention by Member States.
Author: Lynn O'Sullivan Publisher: Bloomsbury Publishing ISBN: 1526509032 Category : Law Languages : en Pages : 2002
Book Description
Criminal Legislation in Ireland, 3rd edition consolidates the most important and frequently-utilised pieces of criminal legislation and facilitates easy reference to legislation for criminal practitioners and students alike. It allows easy access to recent pieces of legislation, as well as incorporating amendments to older Acts, thereby saving time and keeping practitioners up to date. The text also contains older legislation, which is not easily accessible on the internet. The book consolidates a large volume of legislation allowing easy access to what can be considered the most widely used pieces of criminal legislation and incorporates recent amendments and updated versions of Acts. New to this edition: Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 Fines (Payment and Recovery) Act 2014 Children (Amendment) Act 2015 Criminal Justice (Burglary of Dwellings) Act 2015 Misuse of Drugs (Amendment) Act 2015 Misuse of Drugs (Amendment) Act 2016 Proceeds of Crime (Amendment) Act 2016 Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 Criminal Justice Act 2017 Criminal Law (Sexual Offences) Act 2017 Criminal Justice (Corruption Offences) Act 2018 Domestic Violence Act 2017
Author: Jeremy McBride Publisher: Council of Europe ISBN: 928718741X Category : Political Science Languages : en Pages : 529
Book Description
A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.
Author: Remy Farrell
Author: Remy Farrell
Author: Elaine Fahey
Author: Maura Butler
Author: Anneli Albi
Author: Caroline Fennell
Author: Armin von Bogdandy
Author: Libor Klimek
Author: Great Britain: Parliament: House of Lords: European Union Committee
Author: Lynn O'Sullivan
Author: Jeremy McBride