OLAF at the Crossroads

Author: Constantin Stefanou
Publisher: Bloomsbury Publishing
ISBN: 1847316670
Format: PDF
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The authors offer many insights into the regulatory, operational and institutional opportunities and challenges for OLAF, the European Commission's Anti-Fraud Office. Since OLAF was set up in 1999, significant changes in its functional environment have taken place including in EU criminal law and especially in mutual assistance and substantive criminal law; the reconstruction of Eurojust and Europol through recent Regulations and Memoranda of Cooperation; and the entry into force of the Lisbon Treaty.The authors advance the view that OLAF's current legal framework must address these issues adequately.The approach they take is multi-disciplinary. OLAF is examined here through the prisms of EU politics and national, European and (to some extent) comparative law, focusing not only on the identification of current problems in regulation and procedure but also on its positioning within the context of European integration. Operational issues are then extensively discussed, making this a book for practitioners as well as policy makers and academics.The book addresses the theoretical and practical aspects of anti-fraud actions within both criminal and civil aspects of public law. Although OLAF works within an incomplete EU legal framework and with varying cooperation by national authorities, its staff have devised mechanisms that address some of these issues. Nevertheless, rules covering procedural and operational issues will need to be safeguarded within future legislation.

The Defendant in International Criminal Proceedings

Author: Björn Elberling
Publisher: Bloomsbury Publishing
ISBN: 1847319963
Format: PDF, Mobi
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It is often said that criminal procedure should ensure that the defendant is a subject, not just an object, of proceedings. This book asks to what extent this can be said to be true of international criminal trials. The first part of the book aims to find out the extent to which defendants before international criminal courts are able to take an active part in their trials. It takes an in-depth look at the procedural regimes of international courts, viewed against a benchmark provided by national provisions representing the main traditions of criminal procedure and by international human rights law. The results of this comparative endeavour are then used to shed light, from a practical point of view, on the oft-debated question whether (international) criminal trials should be used as a tool for writing history or whether, as claimed by Martti Koskenniemi, pursuing this goal leads to a danger of "show trials†?.

The Emergence of EU Criminal Law

Author: Sarah Summers
Publisher: Bloomsbury Publishing
ISBN: 1782254668
Format: PDF, Docs
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Criminal law can no longer be neatly categorised as the product and responsibility of domestic law. That this is true is emphasised by the ever-increasing amount of legislation stemming from the European Union (EU) which impacts, both directly and indirectly, on the criminal law. The involvement of the EU institutions in the substantive criminal laws of its Member States is of considerable legal and political significance. This book deals with the emerging EU framework for creating, harmonising and ensuring the application of EU criminal law. This book aims to highlight some of the consequences of EU involvement in the criminal law by examining the provisions which have been adopted in the field of information and communications technology. It provides an overview of the criminal law competence of the EU and evaluates the impact of these developments on the criminal laws of the Member States. It then goes on to consider the EU legislation which requires Member States to regulate matters such as data protection, e-security, intellectual property and various types of illegal content through the criminal law is analysed. In the course of this evaluation, particular consideration is given to issues such as the basis on which the EU institutions establish the need for criminal sanctions, the liability of service providers and the extent to which the Member States have adhered to, or departed from, the legislation in the course of implementation.

EU and International Crime Control

Author: Marc Cools
Publisher: Maklu
ISBN: 9046603288
Format: PDF
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In nowadays' globalised society an international exchange of ideas and views in indispensable within the field of social sciences, including criminology and criminal justice studies. The Research Group Governance of Security wants to foster contemporary international discourses on issues of crime and crime control. Therefore, GofS started a Research Paper Series, combining theoretical and empirical articles on issues reflecting the research activities of GofS. This research group is collaboration between Ghent University and Ghent University College in Belgium. GofS is concentrating its research around the study of administrative and judicial policy that has been developed with respect to new issues of crime and insecurity. Volume 4 focuses on topical issues in EU and International Crime Control. The first five articles deal with intrinsic EU criminal policy aspects, including in its transatlantic cooperation with the US.The remaining three articles deal with anti money laundering control, counter-strategies of criminal organisations and police torture.

EU Criminal Law

Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 1847314945
Format: PDF, ePub
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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.

Toward a Prosecutor for the European Union

Author: Katalin Ligeti
Publisher: Hart Pub Limited
ISBN: 9781849463157
Format: PDF, ePub, Docs
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In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's office. This two volume work presents the results of a study carried out by a group of European criminal law experts, with the financial support of the EU Commission in 2010-2011, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume 2 presents a draft set of model rules for the procedure of the European Public Prosecutors' Office and continues with a set of comparative studies of the national legal systems which cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file, and victim reconciliation. Volume 2 concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform.

Populist Parties in Europe

Author: Stijn van Kessel
Publisher: Springer
ISBN: 1137414111
Format: PDF
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Populism is a concept that is currently in vogue among political commentators and, more often than not, used pejoratively. The phenomenon of populism is typically seen as something adverse and, in the European context routinely related to xenophobic politics. What populism exactly is and who its main representatives are, however, often remains unclear. This text has two main aims: to identify populist parties in 21st century Europe and to explain their electoral performance. It argues that populist parties should not be dismissed as dangerous pariahs out of hand but rather that their rise tells us something about the state of representative democracy. The study has a broad scope, including populist parties of various ideological kinds – thus moving beyond examples of the ‘right’ – and covering long-established Western European countries as well as post-communist countries in Central and Eastern Europe. It presents the results of an innovative mixed-methods research project, combining a fuzzy set Qualitative Comparative Analysis (fsQCA) of populist parties in 31 European countries with three in-depth case studies of the Netherlands, Poland and the United Kingdom.

Challenges in the Field of Economic and Financial Crime in Europe and the US

Author: Katalin Ligeti
Publisher: Bloomsbury Publishing
ISBN: 1509908056
Format: PDF, ePub
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In the past few years, criminal justice systems have faced important global challenges in the field of economic and financial crime. The 2008 financial crisis revealed how strongly financial markets and economies are interconnected and illustrated that misconduct in the economic and financial sectors is often of a systemic nature, with wide-spread consequences for a large number of victims. The prevention, control and punishment of such crimes is thus confronted with a strong globalisation. Moreover, continuous technological evolutions and socio-economic developments make the distinction between socially desirable and undesirable behaviour more problematic. Besides, economic and financial misconduct is notoriously difficult to detect and investigate. In light of these challenges, legislators and law enforcers have been searching for adequate responses to combat economic and financial crime by adapting existing policies, norms and practices and by creating new enforcement mechanisms. The purpose of this volume is to analyse those challenges in the field of economic and financial crime from different perspectives, and to examine which particular solutions criminal justice systems across Europe give to those challenges. The volume has four parts. The first part focuses on a number of key questions with respect to substantive criminal law, whereas the second part will address issues affecting the administration of justice and criminal procedure. Part three then explores particular challenges concerning multi-agency cooperation and multi-disciplinary investigations. Finally, part four will concentrate on issues regarding shared or integrated enforcement models.

Limits to EU Powers

Author: Jacob Öberg
Publisher: Bloomsbury Publishing
ISBN: 1509903364
Format: PDF
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Pursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law.