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Effective Criminal Defence in Europe
Publisher: Intersentia Uitgevers N V
Pages: 657
Year: 2010
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Based on a three year research study, the book explores and compares access to effective defence in criminal proceedings across nine European jurisdictions that constitute examples of the three major legal traditions in Europe, inquisitiorial, adversarial and post-state socialist: Belgium, England & Wales, Finland, France, Germany, Hungary, Italy, Poland and Turkey. --
Human Rights and Criminal Procedure
Author: Jeremy McBride
Publisher: Council of Europe
ISBN: 9287166897
Pages: 398
Year: 2009
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This handbook is intended to assist judges, lawyers and prosecutors to take account of the many requirements of the European Convention on Human Rights - both explicit and implicit - for the criminal process when interpreting and applying Codes of Criminal Procedure and comparable or related legislation. It does so through extracts from key rulings of the European Court of Human Rights and the former European Commission of Human Rights dealing with complaints about violations of Convention rights and freedoms 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. The extracts are significant not only because the mere text of the Convention is insufficient to indicate the scope of what is entailed by it but also because the circumstances of the cases selected give a sense of how to apply the requirements in concrete situations.
Criminal Law and Policy in the European Union
Author: Samuli Miettinen
Publisher: Routledge
ISBN: 0415474264
Pages: 248
Year: 2013
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"A literal construction of the EC and EU Treaties suggests that their framers intended to limit the positive competences of both the Community and the Union in the field of criminal law. However, the European Court of Justice has consistently applied tests of necessity and effectiveness to develop the Community's catalogue of legislative competences and the interpretation of Community law, culminating in decisions which accord to the Community a limited criminal competence where this is deemed necessary for the effectiveness of other policy aims. This book takes stock of the development of criminal law in the context of the European Community and the European Union, 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. The work reflects on the interaction between the law of the European Community and national criminal law since the signing of the Treaty of Rome and proceed to consider the prospects of criminal law enacted at the European level against this framework of historical development. The book will review the supremacy of Community law over conflicting national criminal law, the past legislative practice of harmonised 'administrative' penalties and their impact on national legal systems, the ramifications of the Greek Maize decision, the development of relevant Community principles of fundamental rights, and the 2005 decisions on implied criminal competence and sympathetic interpretation. In the light of these developments and the judgment of the Court of Justice in the Ship-Source Pollution case, the work will explore whether there are fields in which the Community might enact directly applicable criminal penalties in the form of EC regulations. It will also examine related doctrinal concerns considered by the Court of Justice in its earlier case law on the interface between EC law and national criminal law. "--
EU Security Strategies
Author: Spyros Economides, James Sperling
Publisher: Routledge
ISBN: 1315455277
Pages: 256
Year: 2017-12-06
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This volume offers a coherent analysis of the European Union’s security strategies within a comparative framework. If the EU is to survive and prosper as an effective security actor, it requires that greater attention be devoted to taking a cohesive and common position on the relationship between EU foreign policy means and goals. The major claim of this edited collection is that there is a European grand security strategy that disciplines member state security strategies. That grand strategy has two distinct substantive goals: (1) the preservation and expansion of the EU system of security governance; and (2) the implementation of specific strategies to meet internal and external threats and sources of insecurity. The EU has sought to develop a grand security strategy that not only accounts for the proliferation of threats possessing a military or non-military character and differentiates between core and peripheral regions of interest, but also addresses the requirements to bridge the increasingly blurred boundary between internal and external security threats and the necessary reconciliation of the competing security preferences of its member states. The empirical contributions to this volume examine the EU security strategies for specific issue areas and regional threat complexes. These case studies assess whether and how those strategies have consolidated or expanded the EU system of security governance, as well as their successes and limitations in meeting the security threats confronting the EU and its member-states. This volume will be of great interest to students of EU policy, foreign policy, security studies and IR.
Challenges in the Field of Economic and Financial Crime in Europe and the US
Author: Katalin Ligeti, Vanessa Franssen
Publisher: Bloomsbury Publishing
ISBN: 1509908056
Pages: 272
Year: 2017-02-23
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In the past few years, criminal justice systems have faced important global challenges in the field of economic and financial crime. The 2008 financial crisis revealed how strongly financial markets and economies are interconnected and illustrated that misconduct in the economic and financial sectors is often of a systemic nature, with wide-spread consequences for a large number of victims. The prevention, control and punishment of such crimes is thus confronted with a strong globalisation. Moreover, continuous technological evolutions and socio-economic developments make the distinction between socially desirable and undesirable behaviour more problematic. Besides, economic and financial misconduct is notoriously difficult to detect and investigate. In light of these challenges, legislators and law enforcers have been searching for adequate responses to combat economic and financial crime by adapting existing policies, norms and practices and by creating new enforcement mechanisms. The purpose of this volume is to analyse those challenges in the field of economic and financial crime from different perspectives, and to examine which particular solutions criminal justice systems across Europe give to those challenges. The volume has four parts. The first part focuses on a number of key questions with respect to substantive criminal law, whereas the second part will address issues affecting the administration of justice and criminal procedure. Part three then explores particular challenges concerning multi-agency cooperation and multi-disciplinary investigations. Finally, part four will concentrate on issues regarding shared or integrated enforcement models.
The Democratic Quality of European Security and Defence Policy
Author: Evangelos Fanoulis
Publisher: Taylor & Francis
ISBN: 1315388537
Pages: 196
Year: 2017-04-21
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Due to the increase of security challenges in the proximity of Europe, the prominence of the EU's Common Security and Defence Policy (CSDP) has augmented. This book is a systematic effort to empirically approach the democratic deficit of CSDP, to understand its social construction and propose ways to remedy it. The book uses Foucault’s approach of governmentality to unravel the social construction of this deficit and to illuminate the power relations between the different actors participating in CSDP governance and the constraints upon them. Finally, applying the normative reading of agonistic democracy, the author suggests concrete ways for EU citizens to have a say in the political choices of statesmanship in CSDP governance. The Democratic Quality of European Security and Defence Policy will be of key interest to scholars, students and practitioners of EU foreign and security policy and more broadly of European governance, European Politics and democracy.
Diversity in Europe
Author: Gideon Calder, Emanuela Ceva
Publisher: Routledge
ISBN: 1136868283
Pages: 208
Year: 2010-11-29
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From bans on religious symbols in public spaces, to the provision of abortion by doctors, recent cases across Europe have highlighted acute dilemmas about how best to respond to the claims of individuals or groups feeling that their values or beliefs are not treated fairly by the law. Diversity in Europe uses the resources of political theory alongside comparative analysis of contemporary practices in different countries (Germany, Italy, Turkey, Spain and the UK) to explore the challenges diversity poses for European democracies. Crucial throughout is whether the democratic commitment to equality entails uniformity in the law, or is compatible with saying 'yes' to some requests from citizens that they be treated differently, to accommodate their ethical, cultural and religious particularity. Such differential treatment may take several forms, e.g. group or individual rights, either to legal exemptions or to conscientious objection. Exploring these from various angles, the book gives a sense of the tools democracies need to address the challenges of diversity more generally. Making an important contribution to our understanding of the political implications of ethical, cultural and religious diversity, this book will be of interest to students and scholars of political and social philosophy, European studies, political science, social policy, applied ethics, law, and socio-legal studies.
The EU, the UN and Collective Security
Author: Joachim Krause, Natalino Ronzitti
Publisher: Routledge
ISBN: 0415699177
Pages: 269
Year: 2012
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This book examines the effectiveness of multilateralism in ensuring collective security and, in particular, the EU's role in this process. In 1992, shortly after the end of the Cold War, a Security Council Summit in New York reaffirmed the salience of the system of collective security and stated the determination of the Heads of State to maintain it as the prime international instrument for preserving peace. Twenty years later, however, the record of collective security as well as of multilateralism has not been very encouraging. The system of collective security, as enshrined in the United Nations (UN) Charter, failed repeatedly to accomplish its mandate in the 1990s and has led to controversial debates in the United States and Europe that reached a climax during the Iraq crisis in 2002/03. The volume draws upon both theoretical and empirical research to answer the following core questions: What are the reasons that have made multilateralism either effective or ineffective in the field of peacekeeping, peace preservation and peacebuilding? How can multilateralism be made more effective? How can attempts made by Europe to render UN multilateralism in the security area more efficient be assessed? This book will be of much interest to students of peacebuilding/peacekeeping, EU policy, the UN, security studies and IR in general.
Regulating Policing
Author: Ed Cape, Richard Young
Publisher: Bloomsbury Publishing
ISBN: 1847314546
Pages: 262
Year: 2008-09-24
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The Police and Criminal Evidence Act 1984 (PACE) was an innovative and controversial attempt to regulate the investigation of crime. Two decades on, it now operates in a very different context than in the mid-1980s. Whilst legal advice has become established as a basic right of those arrested and detained by the police, the police service has become increasingly professionalised but also increasingly driven by government objectives and targets. The Crown Prosecution Service, originally established to separate prosecution from investigation, is now becoming involved in the investigative process with the power to make charge decisions. Although the basic structure of PACE has survived, almost continual revision and amendment has resulted in a markedly different creature than that which was originally enacted. In 2007 the government embarked on a further review of PACE, promising to 're-focus the investigation and evidence gathering processes [to deliver] 21st century policing powers to meet the demands of 21st century crime'. This collection brings together some of the leading academic experts, police officers and defence lawyers who have a wealth of experience of researching and working with the PACE provisions. They examine the critical questions and issues surrounding PACE, providing unique and exciting insights into the demands and challenges of the regulation of policing. Contributors David Dixon, Professor of Law, University of New South Wales - 'Authorise and Regulate: A Comparative Perspective on the Rise and Fall of a Regulatory Strategy'. Andrew Sanders, Professor of Criminal Law and Criminology, University of Manchester. 'Can Coercive Powers be Effectively Controlled or Regulated?'. John Coppen, Police Federation spokesperson on police custody issues. 'PACE: A View From the Custody Suite'. John Long, Assistant Chief Constable, Avon and Somerset Constabulary 'Keeping PACE? Some Front Line Policing Perspectives'. Barbara Wilding, Chief Constable, South Wales Police. 'Tipping the Scales of Justice? A Review of the Impact of PACE on the Police, Due Process and the Search for the Truth 1984-2006'. Richard Young, Professor of Law and Policy Research, University of Bristol. 'Street Policing After PACE: The Drift to Summary Justice'. Ed Cape, Professor of Criminal Law and Practice, University of the West of England. 'PACE Then and Now: 21 Years of "Re-balancing"'. Anthony Edwards, Leading criminal defence solicitor. 'The Role of Defence Lawyers in a "Re-balanced" System'. John Jackson, Professor of Public Law, Queen's University, Belfast. 'Police and Prosecutors after PACE: The Road from Case Construction to Case Disposal'.
The Principle of Legality in European Criminal Law
Author: Christina Peristeridou
Publisher: Intersentia
ISBN: 178068357X
Pages: 374
Year: 2015-12-11
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Acquiring competences for the creation of criminal offences begs the question of legitimacy. The European criminal justice system already has such competences and many instruments define criminal offences. The legality principle is a cornerstone doctrine for legitimising criminal norms in Western legal systems. Despite already being part of the European legal order, this principle lacks a coherent theoretical and normative blueprint that shows how it should be conceived in European criminal law. This book develops such a theory for the principle of legality in European criminal law. The focus is on the legitimising and normative functions of this principle. The reader shall find a proposal for a theoretical framework that legitimises European criminal law and the accompanying normative requirements of criminal liability. Questions such as the precision of European and national implementing norms, the position of case law as a source of law and the scope of interpretative powers of European and national courts are addressed. The book uses comparative research into national systems and modern theories of criminal law to build a framework for the principle of legality. This is then instilled with special characteristics of the European legal order, such as the multi-level system of authorities and sources, pluralism and freedom of movement.
European Criminal Law
Author: Kai Ambos
Publisher: Cambridge University Press
ISBN: 1108548334
Year: 2018-06-07
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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.
EU Criminal Law
Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 1847314945
Pages: 366
Year: 2009-03-16
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EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.
Defence Rights
Author: Gert Vermeulen, Jean Flamme, Kenneth Gallant, Caroline Morgan
Publisher: Maklu
ISBN: 904660571X
Pages: 137
Year: 2012
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The growing internationalization and Europeanization of criminal procedures has created new challenges to traditional defense rights. Hence, the Ghent Bar Association, the Bar Association of The Hague, and Ghent University have joined forces, exploring and addressing these challenges during an international conference held in Ghent in November 2012. This book examines the various topics presented at the conference. Whereas international criminal tribunals - especially the International Criminal Court (ICC) - should play an exemplary role when it comes to the right to fair trial and adequate access to a lawyer, reality proves to be troublesome. In this respect, the book addresses key issues: What is the status quaestionis of the defense position and procedural rights before international criminal tribunals, more specifically the ICC? Has the Rome Statute lived up to its expectations after a decade of its application? Can defense before international tribunals keep functioning without a Bar? What are the needs for such a defense to be adequate, knowing that it balances on the borderline between the Anglo-Saxon legal system and the Northern European system? At the same time, defense and procedural rights are developing as a result of different EU Directives which have been or are now being negotiated. This is of major importance to every penalist, even in strictly national cases. The book presents and critically assesses the entire EU 'roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.' The EU Directives on the right to information in criminal procedure, the right of access to a lawyer in criminal proceedings, and the right to communicate upon arrest - which are about to revolutionize traditional domestic criminal procedural law - are assessed. Further, the book addresses the important implications and challenges for the legal position of detainees as a result of the recent Framework Decision on the mutual recognition of custodial sentences and measures involving deprivation of liberty. Finally, awareness is raised concerning the future of procedural rights in the framework of cross-border evidence gathering and admissibility. The book will be essential reading for both defense practitioners and scholars taking an interest in defense and procedural rights in criminal matters.
The Routledge Guide to the European Union
Author: Dick Leonard, Robert Taylor
Publisher: Routledge
ISBN: 1317208595
Pages: 366
Year: 2016-05-20
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Written by experts, this long-established and definitive guide to the workings of the European Union provides comprehensive, straightforward and readable coverage of this sometimes misunderstood and complex institution. It explains not only what happens but also why, and analyses the EU's strengths and weaknesses, as well as opportunities for it to be more effective. With the EU's very existence under pressure due to fiscal crises and the eurozone, migration and borders, and Euroscepticism, it specifically outlines: How it works: the institutions, the mechanisms Every area of EU competence from agriculture to workers' rights The effects of the single market and the single currency and the successes and stresses of the eurozone The impact of the enlargement of the EU and the prospects for further enlargement and for closer political integration The EU under strain - the 2008 recession and after 'Britain in or out' Fully updated and revised material with new data, statistics, examples and non-partisan coverage The Routledge Guide to the European Union is well-established as the clearest and most comprehensive guide to how the EU operates. This new edition brings you up to date at a crucial stage in its history at a time when, arguably, it has never been under greater threat, but conversely is perhaps more important than ever.
Towards a System of European Criminal Justice
Author: Andrea Ryan
Publisher: Routledge
ISBN: 131767118X
Pages: 260
Year: 2014-06-05
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With the developing landscape of a European criminal justice sphere comes an increasing imperative for scholars and practitioners to gain some insight into the diversity that exists in the criminal justice systems of European Union Member States. This book explores the mutual admissibility of evidence; a facet of EU criminal justice that is proving difficult to realise. While the Lisbon Treaty places the issue of mutual admissibility of evidence squarely on the agenda, the EU instruments to date have not succeeded in achieving this goal. Andrea Ryan argues that part of the reason for this failure is that while the mutual recognition instruments have focussed on the issue of gathering evidence and safeguarding suspects’ rights, they have not addressed how evidence is to be presented and contested at trial. Drawing upon case studies from Ireland, France and Italy, and adopting a legal cultural perspective, and enriched by the author’s observations of criminal trials, the book presents a detailed analysis of the developments to date in EU criminal justice and evidence law. By examining evidence practices the book asks whether the inquisitorial and accusatorial traditions within the EU systems are too irreconcilable to achieve a system of mutual admissibility of evidence. The book will be of great interest and use to academics and practitioners with an interest in European and comparative criminal justice, criminal procedure, human rights and socio-legal studies.