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At the Montesquieu seminars, new developments in legal theory are explored and discussed. Fundamental problems experienced in the (practices of) law are reflected critically. A broad range of disciplines contribute at these attempts of sustained critical reflection. No particular school of legal theory is preferred over another. Tilburg Law School has an open mind for new approaches to law and does not want to limit the debate to the agenda set by some school, movement, or discipline. As a result, while the seminars are conceived around urgent actual problems, the focus is interdisciplinary. Due to this, the Montesquieu seminars are especially interesting for national and local politicians, students, policy makers, advisory bodies, entrepreneurs, business management, advocacy, and the judiciary. This book contains a written version of the sixth Montesquieu seminar, which was held in September 2009 by William Twining.
This book examines the question of whether justice or security is the primary virtue of 21st-century society. The issue of enhancing security without undermining justice – managing risk without undermining the rule of law – has always been problematic. However, recent developments such as new counter-terrorism measures, the expanding scope of criminal law, harsher migration control and an increasingly pronounced concern with public safety, have posed new challenges. The key element of these contemporary challenges is that of membership and exclusion: that is, who is to be included within the community of justice, and against whom is the just community aiming to defend itself? Justice and...
When criminal activity is as straightforward as a childs game of cops and robbers, the role of the police is obvious, but today‘s bad guys don‘t always wear black. In fact, the most difficult criminals to cope with are those who straddle the gray divide between licit and illicit activity. Many of these nefarious sorts operate on the fringe of soci
In this intriguing book, Petrus C. van Duyne and Michael Levi introduce the reader to an ever-unfolding series of problems, from mind-influencing substances to the complications of international drug regulation and the interaction between markets
This Liber amicorum honors Petrus C. van Duyne, following his retirement as Professor of Empirical Penal Science at Tilburg Law School. Van Duyne is the founding father and organizer of the Cross-Border Crime Colloquium. The book has been assembled in preparation of the twelfth edition of this colloquium in Tilburg, The Netherlands, in conjunction with Prof. van Duyne's valedictory lecture. It is no coincidence that the contributors to the Cross-Border Crime Colloquia come from all over Europe and beyond. This is also reflected in the title of the book: Usual and Unusual Organising Criminals in Europe and Beyond. The authors and editors not only wish to contribute to the theme of profitable crimes from underworld to upper world, they also want emphasize their great appreciation for Prof. van Duyne's scientific work.
Since its launch in 1995, the majority of personal data held in the Schengen Information System (SIS) concerns third-country nationals to be refused entry to the Schengen territory. This study reveals why the use of the SIS (and the second generation SIS or SIS II) entails a risk to the protection of human rights such as the right to privacy and the right to data protection, but also the freedom of movement of persons and the principle of non-discrimination. This study describes the implementation of the SIS in respectively France, Germany, and the Netherlands and the available legal remedies in both data protection and immigration law. On the basis of three general principles of European law, minimum standards are developed for effective remedies for individuals registered in the SIS, but also other databases such as Eurodac or the Visa Information System.
In a world of growing interdependence, crimes are no longer confined by national boundaries. In this context, the necessity to understand criminological developments across the globe becomes imperative. This book aims to offer cross-cultural perspectives of different criminological issues and criminal justice systems operating worldwide. This book emphasizes the collective understanding of criminological problems from an international perspective. This book is a quintessence of contemporary criminological developments, with a global outlook. The book is an edited volume of articles collected from criminologists all over the world. It is a peer reviewed collection. The chapters focuses on var...
The report Financing of Organised Crime contributes to a better understanding of the financial aspects of organised crime. The analysis explores topics such as the sources and mechanisms for financing organised crime, settlement of payments, access to financing in critical moments, costs of business and the management of profits. Drawing on the results of the analysis, the report also suggests possible new approaches to tackling organised crime.
This thoroughly revised and updated second edition provides an enhanced understanding of EU competition law, exploring significant substantive and enforcement issues relating to antitrust, merger control, the Digital Markets Act and state aid law. While considering well-established doctrines and landmark judgements, the textbook also addresses recent developments such as digitalisation, sustainability and globalisation, and how these issues will influence future inquiry into competition law.
A generation ago not a single country had laws to counter money laundering; now, more countries have standardized anti–money laundering (AML) policies than have armed forces. In The Money Laundry, J. C. Sharman investigates whether AML policy works, and why it has spread so rapidly to so many states with so little in common. Sharman asserts that there are few benefits to such policies but high costs, which fall especially heavily on poor countries. Sharman tests the effectiveness of AML laws by soliciting offers for just the kind of untraceable shell companies that are expressly forbidden by global standards. In practice these are readily available, and the author had no difficulty in buyi...