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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.
The volume examines how diversity in Member States' legal cultures is being addressed in the development of EU criminal justice.
This thoroughly revised second edition provides an advanced analysis of EU criminal law as a structurally and constitutionally distinct policy area and field of research. EU criminal law is one of the fastest evolving and most challenging fields of law and this Research Handbook contains new and substantially updated chapters to assess recent legislative developments and CJEU case law.
This book analyzes the contemporary effects of anti-trafficking policies on children trafficked for labour. It explores different dimensions of private and public apparatuses through which the governmentality of child trafficking manifests itself at a regional and interregional level. It investigates questions linked to the diffusion of the child trafficking norm between and within regions and stakeholders; to the criminalization and vulnerabilization of child traffickees; and to private governance of anti-trafficking initiatives, in particular concerning social sustainability of business supply chains. Drawing on extensive fieldwork with government, police, justice, civil society, multilate...
EU criminal justice is a fast developing and challenging area of EU law and policy that requires scholars from different disciplines to join forces. This book is a first attempt to establish such synergies. Coming from different angles, the authors deal with questions in the area of EU substantive criminal law, such as when criminalisation of conduct is an appropriate choice; how the process of (de)criminalisation could be advanced; what the role of evidence could be in this regard; and what consequences criminalisation decisions at EU level have for national legal orders. The book concludes with a demonstration of how similar issues arise in the field of procedural criminal law.
This book provides perspectives on the relevance of European Studies as a disciplinary category for the Asian region. That being the primary focus, the book serves a larger purpose. First, it provides insights on European society, polity and economy (including European Integration) as they are accounted in European Studies. The epistemological character of the knowledge thus conveyed has larger credibility and reliability such that they can become policy inputs and imaginations for strengthening Asian-European relationship. This approach helps overcome the trap of subjectively motivated discourses on Europe which may fail potential collaborations between the regions. Second, the design and d...
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Research Methods in the Social Sciences is a comprehensive yet compact A-Z for undergraduate and postgraduate students undertaking research across the social sciences, featuring 71 entries that cover a wide range of concepts, methods, and theories. Each entry begins with an accessible introduction to a method, using real-world examples from a wide range of academic disciplines, before discussing the benefits and limitations of the approach, its current status in academic practice, and finally providing tips and advice for readers on when and how to apply the method in their own research. Wide ranging and interdisciplinary, the text covers both well-established concepts and emerging ideas, such as big data and network analysis, for qualitative and quantitative research methods. All entries feature extensive cross-referencing, providing ease of navigation and, pointing readers to related concepts, and to help build their overall understanding of research methods.
This timely book discusses the problem of State responsibility in connection with terrorist acts committed by non-State actors. It provides a detailed assessment of the consequences of wrongful acts of the State using contemporary examples such as the Bosnian Genocide, 9/11, and the 2016 and 2020 Nice attacks.
This edited book is devoted to an analysis of how the multiple modernities approach might help strengthen the strategic autonomy of the European Union and foster cooperative EU–China relations at a time when some observers believe that a new global cold war may be on the horizon. An international, interdisciplinary team of eminent scholars analyzes both the forces causing dangerous tensions to escalate and those that might stabilize the situation. Whether from China or Europe, the authors largely converge in their diagnoses. To serve its own vital interests, the EU can and must play the role of a politically independent actor, a mediator committed to the preservation of a fair and peaceful...