Security versus Justice?

Security versus Justice?

Author: Florian Geyer

Publisher: Routledge

Published: 2016-04-01

Total Pages: 364

ISBN-13: 1317057937

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One of the most dynamic areas of EU law since the great changes brought to the EU constitutional order by the Amsterdam Treaty in 1999 has been cooperation in the fields of policing and criminal justice. Both fields have already been the subject of substantial legislative effort in the EU and an increasing amount of judicial activity in the European Court of Justice. In 2007 - after the Constitutional Treaty of 2004 failed - the new Reform Treaty planned very substantive changes to these policies. Bringing together a wide-ranging set of topics and contributors, this book enables readers to understand these changes by examining three key questions: how did we get to the Reform Treaty; what have been - and still are - the key struggles in competence; and how do the changes fit into the transformation of police and judicial cooperation in criminal matters in the EU?


EU-UK Police and Judicial Cooperation in Criminal Matters

EU-UK Police and Judicial Cooperation in Criminal Matters

Author: Mirena Pencheva

Publisher: Springer Nature

Published: 2021-04-21

Total Pages: 145

ISBN-13: 3030714756

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This book looks at the past, present and possible future relationship between the EU and the UK in the fields of law enforcement and judicial cooperation in criminal matters. It examines successively the EU-UK relationship prior to 1 February 2020; the relationship during the transition period; the relationship after the end of the transition period. The book analyses the relevant provisions of the Withdrawal Agreement, the Political Declaration, of the EU and UK negotiating mandates and draft legal texts, and the state of play of the negotiations. It looks at the possible forms that the future cooperation can take and the likely areas, which might be covered, such as cooperation with Europol and Eurojust; criminal records; DNA, dactyloscopic and vehicle registration data; passenger name records; surrender procedures, and mutual legal assistance. It also analyses the overarching issues of protection of personal data and the future role of the Court of Justice of the EU. Finally, this book puts forward some ideas on the possible impact of Brexit on security cooperation within wider Europe and on the possible emergence in future of a European Security Union within wider Europe. The volume is aimed at practitioners and academics in European Studies, International Relations, and Law.


EU Criminal Law and Justice

EU Criminal Law and Justice

Author: Maria Fletcher

Publisher: Edward Elgar Publishing

Published: 2010-01-01

Total Pages: 251

ISBN-13: 1848443889

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. . . this book fills a significant gap in the English-language literature and must be read by all who seek to understand why profound reflection is needed on the theoretical underpinnings of EU criminal justice. Samuli Miettinen, Journal of Common Market Studies The book contains a number of interesting arguments and comments on the development of EU criminal law. . . the authors efforts to provide a generalist book in this ever-growing, increasingly important and still under-researched field of EU law must be welcomed. Valsamis Mitsilegas, The Edinburgh Law Review Today, EU criminal law and justice constitutes a significant body of law potentially affecting most aspects of criminal justice. This book provides a comprehensive, accessible yet analytically challenging account of the institutional and legal developments in this field to date. It also includes full consideration of the prospective changes to EU criminal law contained in the recent Lisbon Treaty . While, broadly speaking, the authors welcome the objectives of EU criminal law, they call for a profound rethinking of how the good of criminal justice however defined is to be delivered to those living in the EU. At present, despite sometimes commendable initiatives from the institutions responsible, the actual framing and implementation of the Area of Freedom, Security and Justice (AFSJ) suffers from a failure to properly consider the theoretical implications of providing the good of criminal justice at the EU level. Written shortly before the recent entry into force of the Lisbon Treaty, EU Criminal Law and Justice comprises a full overview of the key legal developments and debates and includes a user-friendly guide to the institutional changes contained in the Treaty. This timely book will be of interest to both undergraduate and postgraduate students, as well as to legal practitioners and policy makers at national and EU levels.


A Peaceful Revolution

A Peaceful Revolution

Author: Cyrille Fijnaut

Publisher:

Published: 2019

Total Pages: 0

ISBN-13: 9781780686974

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This book outlines in an accessible manner the wide-ranging and revolutionary development of one of the most crucial and dynamic EU policy areas since the Maastricht Treaty: that of police and judicial cooperation between its Member States. It examines the subject in light of burning issues surrounding migration, terrorism and, of course, Brexit.


Cross-Border Law Enforcement

Cross-Border Law Enforcement

Author: Saskia Hufnagel

Publisher: Taylor & Francis

Published: 2012-04-27

Total Pages: 300

ISBN-13: 1136697276

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This innovative volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. In doing so it adopts a comparative framework hitherto unexplored; namely the EU and the Australsian/Asia-Pacific region whose relative geopolitical remoteness from each other decreases with every incremental increase in globalisation. The borders under examination include both macro-level cooperation between nation-states, as well as micro-level cooperation between different Executive agencies within a nation-state. In terms of disciplinary borders the contributions demonstrate the breadth of academic insight that can be brought to bear on this topic. The volume contributes to the wider context for evidence-based policy-making and knowledge-based policing by bringing together leading academics, public policy-makers, legal practitioners and law enforcement officials from Europe, Australia and the Asian-Pacific region, to shed new light on the pressing problems impeding cross-border policing and law enforcement globally and regionally. Problems common to all jurisdictions are discussed and innovative ‘best practice’ solutions and models are considered. The book is structured in four parts: Police cooperation in the EU; in Australia; in the Asia-Pacific Region; and finally it considers issues of jurisdiction and due process/human rights issues, with a focus on regional cooperation strategies for countering human trafficking, organised crime and terrorism. The book will be of interest to both academic and practitioner communities in policing, criminology, international relations, and comparative Asia-Pacific and EU legal studies.


EU-UK Police and Judicial Cooperation in Criminal Matters

EU-UK Police and Judicial Cooperation in Criminal Matters

Author: Mirena Pencheva

Publisher:

Published: 2021

Total Pages: 0

ISBN-13: 9783030714765

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This book looks at the past, present and possible future relationship between the EU and the UK in the fields of law enforcement and judicial cooperation in criminal matters. It examines successively the EU-UK relationship prior to 1 February 2020; the relationship during the transition period; the relationship after the end of the transition period. The book analyses the relevant provisions of the Withdrawal Agreement, the Political Declaration, of the EU and UK negotiating mandates and draft legal texts, and the state of play of the negotiations. It looks at the possible forms that the future cooperation can take and the likely areas, which might be covered, such as cooperation with Europol and Eurojust; criminal records; DNA, dactyloscopic and vehicle registration data; passenger name records; surrender procedures, and mutual legal assistance. It also analyses the overarching issues of protection of personal data and the future role of the Court of Justice of the EU. Finally, this book puts forward some ideas on the possible impact of Brexit on security cooperation within wider Europe and on the possible emergence in future of a European Security Union within wider Europe. The volume is aimed at practitioners and academics in European Studies, International Relations, and Law. Mirena Pencheva is a member of the Legal Service of the European Parliament and was an EU Visiting Fellow at the European Studies Centre, St Antony's College, Oxford University, UK, from October 2019 to June 2020. She has a Master's in European Law from King's College London, UK, and a Master's in Law from Sofia University "St. Kliment Ohridski", Bulgaria.


Handbook of European Criminal Procedure

Handbook of European Criminal Procedure

Author: Roberto E. Kostoris

Publisher: Springer

Published: 2018-04-12

Total Pages: 450

ISBN-13: 3319724622

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This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor’s Office.


International Police Cooperation

International Police Cooperation

Author: Frederic Lemieux

Publisher: Routledge

Published: 2013-01-11

Total Pages: 386

ISBN-13: 1134029543

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The globalization of threats and the complexity of international security issues represents a greater challenge for international policing in (re)shaping inter-agency interaction, and makes effective international police cooperation more necessary than ever before. This book sets out to analyse the key emerging issues and theory and practice of international police cooperation. Paying special attention to the factors that have contributed to the effective working of police cooperation in practice and the problems that are encountered, this book brings together original research that examines opportunities and initiatives undertaken by agencies (practices and processes introduced) as well as the impact of external legal, political, and economical pressures. Contributors explore emerging initiatives and new challenges in several contexts at both national and international levels. They adopt a diversity of approaches and theoretical frameworks to reach a broader understanding of current and future issues in police cooperation. Forms of police cooperation and trends in crime control are examined, drawing upon the following disciplines: criminology, ethics, organizational science, political science, and sociology.