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Criminal and Quasi-criminal Enforcement Mechanisms in Europe
This book looks at the interplay between criminal and other branches of public law pursuing similar objectives (referred to as 'quasi-criminal law'). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike.
The Legitimacy of EU Criminal Law
This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks 'Why EU Criminal Law?' looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book then questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself.
Stronger Victims' Rights in EU Law?
This collection looks at the protection of victims' rights in EU law. Taking a four-part approach, it firstly focuses on the Victims' Right Directive and the proposal for a Directive on combating violence against women. It then explores victims' rights in the national laws of the Member States, including France, Germany, Hungary, the Netherlands, Romania, Lithuania and Ireland.Finally it analyses the main challenges in the field and the need for coherence between the different competing interests.
Redefining Organised Crime: A Challenge for the European Union?
The definition of organised crime has long been the object of lively debate, at national and international level. Sociological and legal analysis has not yet led to one definitive answer to the question of what exactly 'organised crime' means. Nonetheless, many instruments adopted both at international and national levels set forth special legal regimes designed to target criminal groups featuring a stable organisation, which are perceived as particularly dangerous to society. Therefore, identifying the notion of organised crime is crucial to establishing the scope of any legal instrument specifically designed for combating it. The aim of this book is to reassess the scope, the effectiveness and the overall coherence of existing definitions of organised crime, and to identify any need for a reconsideration of these definitions, specifically with reference to the EU legal order. It will be of interest to academics, practitioners and legislators working in the sphere of EU criminal law and of organised crime more generally.
The Needed Balances in EU Criminal Law
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.
The European Arrest Warrant at Twenty
The European Arrest Warrant ('EAW'), the cornerstone of European criminal law, is twenty years old. This collection brings together the leading commentators in the field to assess its merits, successes and suggest improvements. Taking a holistic approach, it looks at the EAW from all the different perspectives of its operation. Discussions range from fundamental rights, to constitutional issues and questions of national diversity, and to the external dimension of the EAW. This is an important assessment of the EAW, destined to become the point of reference in the field.
Supranational Governance at Stake
This book examines the varied competences of the European Union (EU) in relation to its capacity to externalize its policy preferences. Specifically, it explores the continued resilience within the EU's policy toolbox of supranational modes of governance beyond the State. The book first situates European experiences of supranationality in relations to the wide variety of regional and global modes of governance it comes into contact with when seeking to deal with an increasingly complex and fragmented international environment. Over the course of its subsequent sections, the book analyses the resilience, flexibility and adaptability of the EU's supranational practices across a significant cro...
Surveillance and Privacy in the Digital Age
What impact has the evolution and proliferation of surveillance in the digital age had on fundamental rights? This important collection offers a critical assessment from a European, transatlantic and global perspective. It tracks four key dimensions: digitalisation, privatisation, de-politicisation/de-legalisation and globalisation. It sets out the legal and policy demands that recourse to 'the digital' has imposed. Exploring the question across key sectors, it looks at privatisation through the prism of those demands on the private sector to co-operate with the state's security needs. It goes on to assess de-politicisation and de-legalisation, reflecting the fact that surveillance is often conducted in secret. Finally, it looks at applicable law in a globalised digital world. The book, with its exploration of cutting-edge issues, makes a significant contribution to our understanding of privacy in this new digital landscape.
The Fight Against Impunity in EU Law
The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of th...
The Political Constitution of EU Criminal Law
How is EU criminal legislative competence regulated after the Lisbon Treaty? Is it based on a legal constitution, reviewed by judges, or should the system be described as a political constitution, largely in the hands of the legislature? This study asks what powers have been conferred on the Union in the field of substantive criminal law and how the exercise of its powers may be reviewed after the entry into force of the Lisbon Treaty. The questions raise a wide range of issues relevant to EU criminal law, but also to EU constitutional, administrative and institutional law.
