Criminal Law and Policy in the European Union PDF Download

Author: Great Britain: Parliament: House of Lords: European Union Committee
Publisher: The Stationery Office
ISBN: 9780108475825
Category : Law
Languages : en
Pages : 52

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Book Description
Increasing mobility within the EU will have the consequence that more EU citizens will find themselves in the criminal justice system of another Member State, either as defendants or victims. This is likely to involve dealing with the consequences of traumatic events in a foreign language in the context of a very different legal system.Until recently the EU has done little to protect the rights of defendants and victims caught up in crime with a cross-border dimension. However the Lisbon Treaty has opened the way for this to be put right and two Roadmaps of planned legislation are now in place, for defendants and for victims.In this Report the Committee looks at the early Roadmap proposals and examines the potential benefit that they can possibly bring. Also examined is the disadvantage of potential disruption to diverse and sensitive national criminal law systems.There is significant benefit to be gained from EU legislation setting minimum rights for defendants and victims, particularly for British citizens travelling within the EU. However, those minimum rights must be firmly grounded in international law norms, to minimise the risk of disrupting the UK criminal law systems.Although the Commission is looking towards a more expansive EU criminal law policy The Committee considers that the Roadmap legislation should be put in place and its impact assessed before moving forward any further. It encourages the Government to take a positive approach in principle to exercising the UK opt-in to Roadmap legislation

Author: Joanna Beata Banach-Gutierrez
Publisher: Routledge
ISBN: 1317427602
Category : Law
Languages : en
Pages : 317

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Book Description
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.

Author: Samuli Miettinen
Publisher: Routledge
ISBN: 0415474264
Category : Law
Languages : en
Pages : 300

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Book Description
This book takes stock of the development of criminal law in the context of the EC and the EU, and examines whether this has led to a European criminal policy, and interrogates the legal effects that European-level initiatives in the field have on national criminal law and on suspects.

Author: Jannemieke Ouwerkerk
Publisher: BRILL
ISBN: 9004367373
Category : Law
Languages : en
Pages : 275

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Book Description
In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.

Author: Valsamis Mitsilegas
Publisher: Edward Elgar Publishing
ISBN: 1783473312
Category : Law
Languages : en
Pages : 659

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Book Description
EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work

Author: Marc Veenbrink
Publisher: Kluwer Law International B.V.
ISBN: 9403514418
Category : Law
Languages : en
Pages : 506

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Book Description
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

Author: Tommaso Rafaraci
Publisher: Springer
ISBN: 3319973193
Category : Law
Languages : en
Pages : 212

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Book Description
This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.

Author: Francesco Calderoni
Publisher: Springer Science & Business Media
ISBN: 3642043313
Category : Law
Languages : en
Pages : 201

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Book Description
Just a few months after the entry into force of the EU Framework Decision on the fight against organized crime, this book provides an unprecedented analysis of the national and European legislation on organized crime. The book provides a critical examination of the European policies and legal instruments to promote the harmonization and approximation of criminal law in this field (including the United Nations Convention on Transnational Organized Crime). The current level of harmonization among EU Member States and the approximation to the standards of the new Framework Decision are discussed in detail, with the help of tables, graphs and maps. The results highlight the problems surrounding the international legal instruments and the inconsistencies of the national approaches to combating organized crime.

Author: Francesco Calderoni
Publisher: Springer Science & Business Media
ISBN: 3642043305
Category : Law
Languages : en
Pages : 201

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Book Description
Just a few months after the entry into force of the EU Framework Decision on the fight against organized crime, this book provides an unprecedented analysis of the national and European legislation on organized crime. The book provides a critical examination of the European policies and legal instruments to promote the harmonization and approximation of criminal law in this field (including the United Nations Convention on Transnational Organized Crime). The current level of harmonization among EU Member States and the approximation to the standards of the new Framework Decision are discussed in detail, with the help of tables, graphs and maps. The results highlight the problems surrounding the international legal instruments and the inconsistencies of the national approaches to combating organized crime.

Author: Gert Vermeulen
Publisher: Maklu
ISBN: 9046603393
Category : Law
Languages : en
Pages : 1372

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Book Description
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.