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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.
European Cooperation Between Financial Supervisory Authorities, Tax Authorities and Judicial Authorities
On the occasion of the XVIIIth International Congress of Penal Law held in Istanbul (Turkey) in September 2009, Michiel Luchtman was awarded the prestigious 2009 Siracusa Prize for this book. The system of law enforcement within the European Union is based on so-called "indirect enforcement." This means that Member States are, within certain binding EU preconditions, responsible for the enforcement of EC and EU law by means of criminal law, administrative law, etc. In order to realize the EU dimension of law enforcement, co-operation with other Member States is often necessary. This book focuses on the relationship between the two instruments for transnational co-operation in the field of ev...
Choice of Forum in Cooperation Against EU Financial Crime
The European Union is increasingly engaged in criminal justice. In cross-border criminal cases, the decision on which a state will commence investigations and bring cases to trial (choice of forum) is made after horizontal mutual consultation and/or with the help of European institutions, agencies, and networks. At present, there is no clear framework for choice of forum. Law enforcement agencies consequently enjoy a great deal of discretion. This may lead to negative conflicts of jurisdiction in which no Member State takes action. It may also adversely affect the principle of mutual recognition and facilitate forum shopping by defendants and/or state authorities. This book helps to define the interests at stake and to establish the legal parameters within which choice of forum should take place, thus contributing to the further development of this fascinating area of law. (Series: Willem Pompe Instituut - Vol. 71)
Law Enforcement by EU Authorities
EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.
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.
The Protection of the environment through criminal Law
Continuing the AIDP’s tradition in examining how to improve the protection of the environment through criminal law, this volume addresses various challenges and scientific concerns in relation to environmental crime. It touches upon a range of topics, from biodiversity to corporate criminal liability to jurisdictional or prosecutorial problems, and explores multiple national and regional enforcement systems, drawing from best practices. It brings together key proceedings of the Second AIDP World Conference on the Protection of the Environment through Criminal Law (Bucharest, May 18-20, 2016) organised by the International Association of Penal Law (AIDP) in collaboration with the Romanian Association of Penal Sciences, the Legal Research Institute of the Romanian Academy of Sciences and the Ecological University of Bucharest.
Technocracy and the Law
Technocratic law and governance is under fire. Not only populist movements have challenged experts. NGOs, public intellectuals and some academics have also criticized the too close relation between experts and power. While the amount of power gained by experts may be contested, it is unlikely and arguably undesirable that experts will cease to play an influential role in contemporary regulatory regimes. This book focuses on whether and how experts involved in policymaking can and should be held accountable. The book, divided into four parts, combines theoretical analysis with a wide variety of case studies expounding the challenges of holding experts accountable in a multilevel setting. Part...
Controlling EU Agencies
Controlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification and Europeanisation of the executive in the EU.
Measuring Compliance
Measuring Corporate Compliance is a 'one-stop-shop' for individuals looking to assess the effectiveness of compliance programs and policies.
Sovereignty in the Shared Legal Order of the EU
How does EU membership affect national sovereignty? This edited volume offers a broader perspective on sovereignty relying on the international law concept.
