EU Criminal Law after Lisbon

Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 1782259872
Format: PDF, Docs
Download Now
This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor's Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant System) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK participation in Europe's area of criminal justice and the feasibility of a Europe Á -la-carte in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core.

EU Criminal Law

Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 1847314945
Format: PDF, ePub
Download Now
EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.

The Needed Balances in EU Criminal Law

Author: Chloé Brière
Publisher: Bloomsbury Publishing
ISBN: 1509917012
Format: PDF, Docs
Download Now
This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.

Redefining Organised Crime A Challenge for the European Union

Author: Stefania Carnevale
Publisher: Bloomsbury Publishing
ISBN: 1509904727
Format: PDF
Download Now
The definition of organised crime has long been the object of lively debate, at national and international level. Sociological and legal analysis has not yet led to one definitive answer to the question of what exactly 'organised crime' means. Nonetheless, many instruments adopted both at international and national levels set forth special legal regimes designed to target criminal groups featuring a stable organisation, which are perceived as particularly dangerous to society. Therefore, identifying the notion of organised crime is crucial to establishing the scope of any legal instrument specifically designed for combating it. The aim of this book is to reassess the scope, the effectiveness and the overall coherence of existing definitions of organised crime, and to identify any need for a reconsideration of these definitions, specifically with reference to the EU legal order. It will be of interest to academics, practitioners and legislators working in the sphere of EU criminal law and of organised crime more generally.

The EU Charter of Fundamental Rights as a Binding Instrument

Author: Sybe de Vries
Publisher: Bloomsbury Publishing
ISBN: 1782258248
Format: PDF, Mobi
Download Now
The entry into force of the Treaty of Lisbon in 2009 caused the EU's Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions. Would this transform the EU's commitment to fundamental rights? Should it transform that commitment? How, if at all, can we balance competing rights and principles? (The interaction of the social and the economic spheres offers a particular challenge). How deeply does the EU conception of fundamental rights reach into and bind national law and practice? How deeply does it affect private parties? How much flexibility has been left to the Court in making these interpretative choices? What is the likely effect of another of the reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to the ECHR? This book addresses all of these questions in the light of five years of practice under the Charter as a binding instrument.

Weapons and the Law of Armed Conflict

Author: William H. Boothby
Publisher: Oxford University Press
ISBN: 0191044164
Format: PDF, Kindle
Download Now
Bringing together the law of armed conflict governing the use of weapons into a single volume, the fully updated Second Edition of Weapons and the Law of Armed Conflict interprets these rules and discusses the factors influencing future developments in weapons law. After relating the historical evolution of weapons law, the book discusses the important customary principles that are the foundation of the subject, and provides a condensed account of the law that exists on the use of weapons. The treaties and customary rules applying to particular categories of weapon are thereafter listed and explained article by article and rule by rule in a series of chapters. Having stated the law as it is, the book then explores the way in which this dynamic field of international law develops in the light of various influences. The legal review of weapons is discussed, both from the perspective of how such reviews should be undertaken and how such a system should be established. Having stated the law as it is, the book then investigates the way in which this dynamic field of international law develops in the light of various influences. In the final chapter, the prospects for future rule change are considered. This Second Edition includes a discussion of new treaty law on expanding bullets, the arms trade, and norms in relation to biological and chemical weapons. It also analyses the International Manuals on air and missile warfare law and on cyber warfare law, the challenges posed by 'lethal autonomous weapon systems', and developments in the field of information and telecommunications otherwise known as cyber activities.

The Italian Parliament in the European Union

Author: Nicola Lupo
Publisher: Bloomsbury Publishing
ISBN: 1782258744
Format: PDF, ePub
Download Now
"The Lisbon Treaty states that national Parliaments shall contribute to a better functioning of the EU. Can they really do it and therefore enrich the European democracy? How far can they extend their original sovereignty without distorting political responsibilities that should be geared upon the European Parliament? The authors analyze the experience of the Italian Parliament under the light of these crucial questions and their exhaustive answers are greatly helpful to the readers of all over Europe." Giuliano Amato, Judge of the Italian Constitutional Court. This important new collection explores the role of the Italian Parliament in the Euro-national parliamentary system as an example of an increased role for national parliaments within the composite European constitutional order. It illustrates how parliamentary interactions within the European Union are highly systematic, with integrated procedures and mutual interdependence between the various institutions and stakeholders. The book argues that this dynamic is vital for both the functioning and the future equilibrium of democracy in the EU. This is significant, particularly given the challenges posed to democracy within the EU institutions and the Member States. Notwithstanding its peculiarities (a symmetrical bicameral system in which both Houses are directly elected, hold the same powers and are linked through a confidence relationship with the government), the Italian Parliament deserves specific attention as a lively active player of the European polity. The grid for its analysis proposed by this collection may also be applied to other national parliaments, so contributing to the development of comparative research in this field.

The European Crisis and the Transformation of Transnational Governance

Author: Christian Joerges
Publisher: Bloomsbury Publishing
ISBN: 1782254900
Format: PDF, Mobi
Download Now
The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. "Conflicts-law constitutionalism�? is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of national decision-making, on the one hand, and the co-operative responses to problem interdependencies on the other. The first section of the book contrasts Europe's new modes of economic governance and crisis management with the conditionality of international investments, and reflects upon the communalities and differences between emergency Europe and global exceptionalism. Subsequent sections substantiate the problématique of executive and technocratic rule, explore conflict constellations of prime importance in the fields of environmental and labour law, and discuss the impact and limits of liberalisation strategies. Throughout the book, European and transnational developments are compared and evaluated.

Statistics for Criminology and Criminal Justice

Author: Ronet D. Bachman
Publisher: SAGE Publications
ISBN: 1506326129
Format: PDF, ePub
Download Now
Statistics for Criminology and Criminal Justice, Fourth Edition offers students a practical and comprehensive introduction to statistics and highlights the integral role research and statistics play in the study of criminology and criminal justice. Packed with real-world case studies and contemporary examples utilizing the most current crime data and empirical research available, students not only learn how to perform and understand statistical analyses, but also recognize the connection between statistical analyses use in everyday life and its importance to criminology and criminal justice. Written by two well-known experts in the field, Ronet D. Bachman and Raymond Paternoster continue to facilitate learning by presenting statistical formulas with step-by-step instructions for calculation. This “how to calculate and interpret statistics” approach avoids complicated proofs and discussions of statistical theory, without sacrificing statistical rigor. The Fourth Edition is replete with new examples exploring key issues in today’s world, motivating students to investigate research questions related to criminal justice and criminology with statistics and conduct research of their own along the way. Give your students the SAGE edge! SAGE edge offers a robust online environment featuring an impressive array of free tools and resources for review, study, and further exploration, keeping both instructors and students on the cutting edge of teaching and learning.

The Protection of Fundamental Rights in the EU After Lisbon

Author: Sybe de Vries
Publisher: Bloomsbury Publishing
ISBN: 178225059X
Format: PDF
Download Now
The changes made by the Lisbon Treaty suggest that its entry into force in December 2009 marks a new stage in the shaping of the EU's commitment to the protection of fundamental rights. This book's concern is to provide an examination of the several (and interlocking) challenges which the Lisbon reforms present. The book will not only address the fresh and intriguing challenges for the EU as an entity committed to the protection and promotion of fundamental rights presented by developments 'post-Lisbon', but also a number of conundrums about the scope and method of protection of fundamental rights in the EU which existed 'pre-Lisbon' and which endure. The book consists of three parts. The first part is concerned with the safeguarding of fundamental rights in Europe's internal market. The second part of the book is entitled 'The Scope of Fundamental Rights in EU Law' and the chapters discuss the reach of fundamental rights and their horizontal dimension. The last part of this book deals with 'The Constitutional Dimension of Fundamental Rights' analysing the special relationship between the ECJ and the ECtHR and the issue of rights competition between the EU Charter on Fundamental Rights, the European Convention on Human Rights and national rights catalogues.