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Criminal Law and Policy in the European Union
  • Language: en
  • Pages: 300

Criminal Law and Policy in the European Union

  • Categories: Law
  • Type: Book
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  • Published: 2012-12-07
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  • Publisher: Routledge

This book takes stock of the development of EU criminal law from the establishment of the ECSC to the first European Union criminal law directives passed after the Lisbon Treaty. The work considers criminal offences established at EU level, the effects of EU law on national criminalization, the emerging body of EU criminal procedural law, and the increasing recognition of defense rights as EU rights. Limits to the legal effects of EU-level rules require them to be examined in the light of Member State practice. Implementing measures are not always appropriate, and may balance interests under national law, the rights of criminal defendants, and the need for EU-wide approximation. The proliferation of EU criminal law has led to an explicit, albeit underdeveloped, EU criminal policy This book will be of particular interest to students and scholars of EU Law and Criminal Law.

The Politics of Legal Expertise in EU Policymaking
  • Language: en
  • Pages: 379

The Politics of Legal Expertise in EU Policymaking

  • Categories: Law

The inside story of the daily work of lawyers in the EU institutions and their impact on EU policy making.

A Critical History of Contemporary Architecture
  • Language: en
  • Pages: 734

A Critical History of Contemporary Architecture

  • Type: Book
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  • Published: 2016-12-05
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  • Publisher: Routledge

1960, following as it did the last CIAM meeting, signalled a turning point for the Modern Movement. From then on, architecture was influenced by seminal texts by Aldo Rossi and Robert Venturi, and gave rise to the first revisionary movement following Modernism. Bringing together leading experts in the field, this book provides a comprehensive, critical overview of the developments in architecture from 1960 to 2010. It consists of two parts: the first section providing a presentation of major movements in architecture after 1960, and the second, a geographic survey that covers a wide range of territories around the world. This book not only reflects the different perspectives of its various authors, but also charts a middle course between the 'aesthetic' histories that examine architecture solely in terms of its formal aspects, and the more 'ideological' histories that subject it to a critique that often skirts the discussion of its formal aspects.

EU External Relations and Systems of Governance
  • Language: en
  • Pages: 239

EU External Relations and Systems of Governance

  • Categories: Law
  • Type: Book
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  • Published: 2009-12-04
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  • Publisher: Routledge

This book takes a fresh look at the external relations of the European Union (EU) and in particular the Common Foreign and Security Policy (CFSP). Rather than focusing exclusively on the competence aspects of the institutions and actors, the book makes the case that the CFSP can be understood as a system of governance, which produces effects beyond the traditional tools associated with foreign policy. The theoretical approach draws on insights from new institutionalism, constructivism and the institutional theory of law and emphasises how the institutionalised forms of cooperation in the external sphere contribute to a social reality in which the ‘added value’ of the CFSP can be seen. Pa...

The Early Warning System for the Principle of Subsidiarity
  • Language: en
  • Pages: 216

The Early Warning System for the Principle of Subsidiarity

  • Categories: Law
  • Type: Book
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  • Published: 2012-02-21
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  • Publisher: Routledge

This book offers a comprehensive systematic analysis of the European Union’s Early Warning System (EWS) for subsidiarity, which was introduced by the Treaty of Lisbon. The book includes both a detailed theoretical analysis of the EWS as well as an assessment of how national parliaments have responded to EU legislative proposals under the system. Philipp Kiiver explores whether the EWS could function as a mechanism of legal accountability offering a partial remedy to the European Union’s much-discussed accountability deficit. The Early Warning System for the Principle of Subsidiarity provides an overview of the historical developments of national parliamentary involvement in the EU and also considers the broader implications of the EWS, including its relationship to democracy and legitimacy. The book will be of particular interest to academics and students of EU Law, Constitutional Law and Political Science.

The Evolving EU Counter-terrorism Legal Framework
  • Language: en
  • Pages: 388

The Evolving EU Counter-terrorism Legal Framework

  • Categories: Law
  • Type: Book
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  • Published: 2011-12-14
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  • Publisher: Routledge

Since the coming into force of the Lisbon Treaty in 2009, and the contemporaneous publication of the Stockholm Programme, the area of freedom, security and justice has obtained a more secure legal basis within the EU treaty framework and now has a coherent policy programme set out for its development. A key aspect in the area of freedom, security and justice are the EU’s provisions dealing with counter-terrorism. This book examines the rapidly emerging area of EU law and policy on counter-terrorism, addressing these twin disciplines from both a theoretical and practical perspective. The Evolving EU Counter-Terrorism Legal Framework is the first comprehensive exposition of EU anti-terrorism...

The Legitimacy of The European Union through Legal Rationality
  • Language: en
  • Pages: 374

The Legitimacy of The European Union through Legal Rationality

  • Categories: Law
  • Type: Book
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  • Published: 2013-10-15
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  • Publisher: Routledge

Third country nationals (TCNs) play an important part in the economy of the European Union, reflected in the rights granted to them under European Union Law. Political expediency is however shaped by world, regional and domestic influences that in turn determine policy towards third country nationals and their legal rights to freedom of movement. This book examines the concept of political legitimacy within the European Union through the principles of legal rationality, focusing in particular on the European Union’s policy towards third country nationals. Richard Ball argues that for legal doctrine to be rational it must display the requirements of formal, instrumental and substantive rationality, each mutually exclusive and essential. In taking this position of legal rationality, the book focuses on free movement rights of TCNs within EU treaties and implementing legislation, the Area of Freedom Security and Justice, and Association Agreements. Ball concludes that the stance of European Union Law towards third country nationals lacks legitimacy, and suggests possible new directions that EU policy should take in the future.

Surveillance Law, Data Retention and Human Rights
  • Language: en
  • Pages: 212

Surveillance Law, Data Retention and Human Rights

  • Categories: Law

This book analyses the compatibility of data retention in the UK with the European Convention on Human Rights (ECHR). The increase in the use of modern technology has led to an explosion of generated data and, with that, a greater interest from law enforcement and intelligence agencies. In the early 2000s, data retention laws were introduced into the UK, and across the European Union (EU). This was met by domestic challenges before national courts, until a seminal ruling by the Court of Justice in the European Union (CJEU) ruled that indiscriminate data retention was incompatible with EU law. Since then, however, the CJEU has revised its position and made certain concessions, particularly un...

The Tangled Complexity of the EU Constitutional Process
  • Language: en
  • Pages: 210

The Tangled Complexity of the EU Constitutional Process

  • Categories: Law
  • Type: Book
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  • Published: 2013
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  • Publisher: Routledge

Despite, or perhaps because of, the rejection of the EU Constitutional Treaty eventually leading to the adoption of the Lisbon Treaty, the debates concerning the European Union's constitutional framework continue. This book builds on the discourse in European Union constitutionalism in order to offer a novel analysis of the EU's constitutional developments. The book considers the constitutional trends of the process of EU integration before applying a transdisciplinary concept of complexity developed in the work of Edgar Morin to the EU. In doing this Giuseppe Martinico sets out a unique account of EU constitutionalism which argues that the EU legal order is a complex entity which shares some features with complex natural systems. The book then goes on to explore the methodological implications of such constitutional complexity for the study of EU law.

Towards a System of European Criminal Justice
  • Language: en
  • Pages: 296

Towards a System of European Criminal Justice

  • Categories: Law
  • Type: Book
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  • Published: 2014-06-05
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  • Publisher: Routledge

With the developing landscape of a European criminal justice sphere comes an increasing imperative for scholars and practitioners to gain some insight into the diversity that exists in the criminal justice systems of European Union Member States. This book explores the mutual admissibility of evidence; a facet of EU criminal justice that is proving difficult to realise. While the Lisbon Treaty places the issue of mutual admissibility of evidence squarely on the agenda, the EU instruments to date have not succeeded in achieving this goal. Andrea Ryan argues that part of the reason for this failure is that while the mutual recognition instruments have focussed on the issue of gathering evidenc...