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This book develops a theory for the principle of legality in European criminal law. Its focus is on the legitimising and normative functions of this principle.
What practical problems are at stake in current EAW surrender proceedings? The research project Improving Mutual Recognition of European Arrest Warrants through Common Practical Guidelines of which the three country reports for Greece, the Netherlands and Poland are now published, is a follow-up of an earlier project that led to the publication of The European Arrest Warrant and In Absentia Judgments, Maastricht Law Series No.12 InAbsentiEAW. This project is broader than in absentia alone and looks at various other aspects of the EAW surrender procedure that are problematic in practice. It also goes more into detail as it aims to present an alternative to the outdated Handbook for the Europe...
Criminal procedure includes a variety of procedures concerning investigating, adjudicating and sentencing suspects. The criminal justice system encompasses several actors and institutions and they all have their own specific role. Whereas criminal justice systems may differ greatly, many of the issues they face are the same. This poses questions such as under which conditions may investigations take place? What conclusions can be drawn from the collected evidence? What should happen if such rules are not respected? In addition, criminal procedure empowers citizens with rights in their relation to the state. How criminal justice is organised and the design of criminal procedure depends on the legal system in question: each has its own history, institutions and actors, principles, values and ways of organising state power to respond to criminal offences.
The ImprovEAW-project concerns European Arrest Warrant proceedings in seven Member States (Belgium, Greece, Hungary, Ireland, the Netherlands, Poland and Romania). Maastricht Law Series No. 23 contains the country reports for Greece, the Netherlands and Poland. ImprovEAW is a follow up to an earlier project that focused on In Absentia Judgments (Maastricht Law Series No. 12). This book looks at various other aspects of the EAW surrender procedure that are problematic in practice, such as the information to be provided in the European arrest warrant, the status of the issuing authority and differences in implementation in the Member States. It also goes more into detail as it aims to present an alternative to the European Commission's outdated Handbook on how to issue and execute a European arrest warrant. This study ends with a proposal to create a procedure that complies with the demands of a dual level of protection, which takes place after arrest of the requested person in the executing Member State. The present research report is completed with a hands-on set of Common Practical Guidelines on issuing and executing EAWs for practitioners.
The book is the result of the conference "Substantive Criminal Law of the European Union" organised by the Criminal Law Department of Maastricht University on 20 and 21 January 2011, with the generous support of the Faculty of Law of Maastricht University, the Koninklijke Nederlandse Academie van Wetenschappen, the Department of Criminal Law and Criminology of Maastricht University and the Hague Institute for the Internationalisation of Law (HIIL). --
This book dedicated to the substantive criminal law in the EU put the Libson Treaty under scrutiny. It evaluates the changes introduced by this new Treaty and their impact, before reflecting on future prospects.
This Research Handbook on Transnational Crime is an interdisciplinary, up-to-date guide to this growing field, written by an international cohort of leading scholars and experts. It covers all the major areas of transnational crime, providing a well-rounded, detailed discussion of each topic, and includes chapters focusing on responses to transnational crime in specific regions.
This book contains an exhaustive analysis of extradition law and offers innovative perspectives thereon. It departs from both the classic paradigm and the mutual recognition approach, producing a new model based on respect for other States’ criminal justice idiosyncrasies.
In Securitising Asylum Flows, the editors have collected contributions that examine the human rights and rule of law challenges posed by the EU response to the so-called ‘refugee crisis’.