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EU Enforcement Authorities
EU enforcement authorities are on the rise, entrusted with investigating breaches of EU law by individuals and economic actors. What are the implications for legal practice of their increasing prominence? This book explores this pertinent question from a constitutional and comparative perspective. It sets out the perimeters for composite enforcement and explores the relevant issues such as the interface between criminal and administrative law enforcement, the protection of fundamental rights and legal protection, as well as the admissibility of evidence, including unlawfully obtained evidence. Given the very real implications of the authorities' investigations, this book will appeal to practitioners and scholars, in fields from criminal law to competition and banking law.
Towards a European Reassessment of Punitive Law Enforcement?
The European Union is today a major player in many policy areas, going from classic economic fields as competition policy, agriculture and fisheries policy to new emergent fields as environmental policy, arterial intelligence policy, security and foreign policy and criminal justice policy. These policies comes with an increasing level of EU regulation, having also a substantive impact on the harmonization of national policies and regulations. This expansion of EU competence naturally also places new demands on their enforcement, especially when it comes to investigations with the aim of imposing punitive administrative and/or criminal sanctions. In this expanded version of his valedictory le...
Transnational Enforcement of the Financial Interests of the European Union
"Adapted speeches delivered at the international congress entitled 'Legal enforcement and EU fraud in the post-Maastricht period, ' which was held in Maastricht on 23-24 October 1997"--Title page verso
European Evidence Warrant
The transnational gathering and use of criminal evidence is a complex and sensitive matter that affects basic principles inherent in national criminal justice systems. Replacing the mutual assistance regime (letters rogatory) by a mutual recognition regime intends to facilitate the admissibility of evidence obtained from the territory of another Member State. How much harmonization of criminal procedure is needed to guarantee the free movement of criminal evidence in the EU? Do we have to develop common procedural safeguards in the EU, or can we build in human rights clauses or procedural public order clauses by which respect for fundamental rights can be a ground for the non-recognition, no...
Of Swords and Shields: Due Process and Crime Control in Times of Globalization
On 10 March 2023, John Vervaele retired as professor of Economic and European criminal law at Utrecht University. On the occasion of that farewell, this liber amicorum was presented to him. It comprises 85 contributions, written in a variety of languages by friends, colleagues and former colleagues from all over the world. In keeping with the tradition of the Willem Pompe Institute for Criminal Law and Criminology, the contributions are arranged around the following themes, which have also been central to John's work: criminal justice, core values and human rights; crime, criminology and criminal justice; criminal justice and European integration; corporate crime and the enforcement of socio-economic law; and conflicts and transitional justice. The contributions are very worthwhile for an academic audience, as well as for legal practitioners.
Fraud Against the Community:Need for European Fraud Legislation
This book presents, for the first time, a thorough discussion of the legal aspects of combatting fraud in the Community. Based on an analysis of European and national developments, a study has been made to see whether and how European cooperation can lead to the harmonization of economic criminal law on a Community level. The First part deals with the enforcement duties of the Member States and the supervisory powers of the European Commission. It analyses the community's anti-fraud policy on the basis of the activities of the Court of Auditors, the European Parliament and the European Commission. The second part deals with the already existing legal provision in the Member States which enable penalties to be imposed in cases of fraud against the Community. The criminal law and criminal procedure codification and the special statutes in Germany, France, Belgium and The Netherlands, are analyzed in order to determine to what extent national penal provisions are geared to, or applicable in, combatting EEC fraud.
Preventing and Resolving Conflicts of Jurisdiction in EU Criminal Law
La 4ème de couv. indique : "This edited volume is based on the European Law Institute's project 'The Prevention and Resolution of Conflicts of Exercise of Jurisdiction in Criminal Law', co-ordinated by the European Law Institute (ELI) and the University of Luxembourg. The project ran from 2013 to 2017 and was conducted under the auspices of the ELI and the Luxembourg National Research Fund (FNR). The study sought to explore options for a coherent regulatory mechanism for the prevention and settlement of conflicts of jurisdiction in criminal law. Currently, there is no binding instrument establishing a mechanism to resolve conflicts of (exercising) jurisdiction in criminal matters in the EU, although such a mechanism is essential for the effective functioning of a European criminal justice area based on mutual recognition. Building on empirical research and a comparison with civil law solutions to the problem of conflicts of jurisdiction, this volume seeks to impact the EU policy debate by proposing three fullyformed models for legislative action, coupled with extensive analysis of related themes."
Justice Without Borders
Justice Without Borders is a collection of essays on international criminal law, European criminal law and international cooperation of distinguished authors that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018.
Policing Cooperation Across Borders
This book provides new insights into police cooperation from a comparative socio-legal perspective. It presents a broad analysis of comparable police cooperation strategies in two systems: the EU and Australia. The evolution of regulatory trends and cooperation models is analysed for both systems and possible transferable strategies identified. Drawing on interviews with practitioners in the EU and Australia this book highlights a number of areas where the EU can be compared to a federal system and addresses the advantages and disadvantages of being a Union or a federation of states with a view to police cooperation practice. Particular topics addressed are the evolution of legal frameworks regulating police cooperation, informal cooperation strategies, Joint Investigation Teams, Europol and regional cooperation. These instruments foster police cooperation, but could be improved with a view to cooperation practice by learning from regulatory techniques and practitioner experiences of the respective other system.
Crime, Criminal Law and Criminal Justice in Europe
This unique collection of essays celebrates the twentieth anniversary of the seminal journal the European Journal of Crime, Criminal Law and Criminal Justice, as well as the outstanding and uninterrupted work over that period of its founding Editor-in-Chief, Professor Cyrille Fijnaut. The volume consists of a selection of some of the most ground-breaking articles published over the past twenty years, covering the three areas of focus of the journal: problems of crime, developments in criminal law and changes in criminal justice. It thus explores such diverse issues as the problems of crime in Central and Eastern Europe after the disappearance of the Soviet Union and the collapse of Yugoslavi...
