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The Idea of a China Arrest Warrant
Hong Kong and Macau have both been Special Administrative Regions of China since 1999. To this day, however, the two SARs and mainland China have yet to form a cohesive agreement for extradition. Yanhong Yin proposes a theoretical model—the China Arrest Warrant—that fulfils three essential criteria: compliance with the framework of “One Country, Two Systems,” allowance for differences within the three divergent legal systems, and sufficient human rights protection. This model takes direct inspiration from the European Arrest Warrant, which is undergirded by the principle of mutual recognition—the idea that while states may make different decisions on a wide range of matters, result...
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The Eclipse of the Legality Principle in the European Union
Legality is a traditional normative concept to regulate the relationship between those in power and those subjected to that power. The principle of legality protects the citizen against the arbitrary use of power, or, more precisely, it demands a legal basis (which itself must be of a certain standard) to legitimize State action. Is legality under siege in Europe? The authors contributing to this provocative and important book answer this question in the affirmative. Twenty-one outstanding European legal scholars expose a spectrum of ways in which the traditional legality principle is under pressure because of the creation of new legal orders, including that of the EU, and the interaction be...
General Principles of EU Law and the Protection of Fundamental Rights
This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.
EU Citizenship and Federalism
Leading experts in EU constitutional law examine the foundational importance of citizenship rights in delimiting the scope of EU law.
Effective Protection of the Rights of the Accused in the EU Directives
The volume presents an innovative analysis of defence rights in EU criminal proceedings through the lens of a computational approach to the law. This multi-level research tackles both EU law and national legislation, as well as case-law on defence rights in criminal proceedings. The comparative analysis on procedural safeguards is integrated by legal informatics, that led to the translation into computable language of the relevant EU and national legislation. Such multidisciplinary approach allows, through a semiautomated technology, to better highlight potentially uncovered deficit of the normative texts, and to enhance comparative analysis of legal systems. The breakthrough perspective brings a novel viewpoint to the debate on criminal procedure rights, shading light on the potential emerging from the interaction between criminal law and technology.
Globalisation, Migration, and the Future of Europe
Showcasing an original, interdisciplinary approach, this text examines the effect of migration on the domestic politics of individual states and how they are eroding the distinctions between the domestic and foreign policy, the ‘inside’ and ‘outside’ components of politics and law. During the twentieth century the context in which migrants negotiate their integration within legal, social, cultural, economic and political spaces changed significantly. Drawing upon varied perspectives from the US, UK, France, Germany, Switzerland, Russia and Italy among others, this work develops a comprehensive understanding of the impact migratory networks are having on European societies. It investi...
Research Handbook on General Principles in EU Law
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
Bulk Surveillance, Democracy and Human Rights Law in Europe
This book discusses contemporary standards of legal safeguards in the area of bulk electronic surveillance from the perspective of the European legal model. Bulk, or untargeted, surveillance, although traditionally associated with the interception of electronic communications, is increasingly used as a convenient tool for collecting information on large groups of society. The collection of redundant information, which is intrinsic to bulk surveillance, is no longer a side effect but an important objective of the use of bulk powers. As a result, untargeted surveillance is everywhere increasingly being implemented, and without any clear link to state security or crime-fighting objectives. This...
The Position of the Defence at the International Criminal Court and the Role of the Netherlands as the Host State
During the ninth session of the Preparatory Commission for the Establishment of the International Criminal Court (PrepCom), 10 states deposited their ratification documents with great decorum, therefore ensuring that the Rome Statute would enter into forc
