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The Future of EU Criminal Justice Policy and Practice
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.
Criminal Liability of Political Decision-Makers
This book is dedicated to a fundamental conflict in modern states: those persons holding public office are no more than ordinary citizens. Therefore, their activities must – as a matter of principle – be subject to full judicial control. But at the same time, democratically legitimated politicians need some discretion in their decision-making. Allegations of politicians committing criminal offences in office quickly attract a great deal of media attention. Even politicians themselves frequently use such allegations to discredit their political opponents. However, to date this topic has not been fully addressed on an academic level. This book is a first step in this direction. The individ...
Prosecuting and Punishing Multi-Offenders in the EU
This book elaborates on the rules governing the prosecution and sentencing of multi-offenders. The term ‘multi-offender’ is used for an offender that has committed a series of offences (either in one single act or in different acts); hence the addition of ‘multi’ in ‘multi-offender’. A crucial element thereto is that the whole series of offences – which make the offender a multi-offender – has been committed before being subject to a final conviction. A comparative EU-study was conducted, focussing on the rules governing multi-offenders within different EU Member States. It reveals that this type of offenders challenge both the legislator and the prosecution and judges: when ...
Research Handbook on EU Criminal Law
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.
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.
Criminal Law and Morality in the Age of Consent
This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. And since the relationship involves criminal law, legal philoso...
Histories of Transnational Criminal Law
This book provides an account of the origins of transnational criminal law. The volume examines a range of topics, beginning with normative, intellectual, and institutional histories. It discusses specific transnational crimes ranging from piracy to cybercrime, and scrutinises jurisdiction, modes of liability, and the place of the individual.
New Zealand Yearbook of International Law
The New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific. This Yearbook covers the period 1 January 2019 to 31 December 2019.
The Law of the European Union and the European Communities
The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative hi...
Shifting Perspectives on the European Public Prosecutor's Office
This book provides answers to the following questions. Is there a bright future aheadfor a European Public Prosecutor’s Office? If so, is the regulation establishing the officesufficiently clear and balanced to attain that goal? Moreover, will the office be able toeffectively fight fraud now damaging the EU's budget and will it respect the fundamentalrights of the parties involved? Included are issues ranging from EU substantive and procedural criminal law, combattingEU fraud, the distribution of competences in European law enforcement,EU fundamental rights, to forum choice. The book's aim is to inform academics,policy-makers and criminal law practitioners about key issues surrounding thea...
