EU Criminal Law after Lisbon

EU Criminal Law after Lisbon

Author: Valsamis Mitsilegas

Publisher: Bloomsbury Publishing

Published: 2016-06-30

Total Pages: 331

ISBN-13: 1782259872

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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 à-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.


Shaping an Inclusive Energy Transition

Shaping an Inclusive Energy Transition

Author: Margot P. C. Weijnen

Publisher: Springer Nature

Published: 2021-06-24

Total Pages: 258

ISBN-13: 3030745864

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This open access book makes a case for a socially inclusive energy transition and illustrates how engineering and public policy professionals can contribute to shaping an inclusive energy transition, building on a socio-technical systems engineering approach. Accomplishing a net-zero greenhouse gas emissions economy in 2050 is a daunting challenge. This book explores the challenges of the energy transition from the perspectives of technological innovation, public policy, social values and ethics. It elaborates on two particular gaps in the design of public policy interventions focused on decarbonization of the energy system and discusses how both could be remedied. First, the siloed organization of public administration fails to account for the many interdependencies between the energy sector, the mobility system, digital infrastructure and the built environment. Cross-sector coordination of policies and policy instruments is needed to avoid potentially adverse effects upon society and the economy, which may hamper the energy transition rather than accelerate it. Second, energy and climate policies pay insufficient attention to the social values at stake in the energy transition. In addressing these gaps, this book intends to inspire decision makers engaged in the energy transition to embrace the transition as an opportunity to bring a more inclusive society into being.


Sports Law in the European Union

Sports Law in the European Union

Author: Andrea Cattaneo

Publisher: Kluwer Law International B.V.

Published: 2020-09-22

Total Pages: 204

ISBN-13: 9403526149

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in the European Union deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in the European Union will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.


The EU and the Baltic Sea Area

The EU and the Baltic Sea Area

Author: Allan Rosas

Publisher: Bloomsbury Publishing

Published: 2023-06-15

Total Pages: 289

ISBN-13: 1509956255

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This book explores the role of the European Union (EU) in the cooperation and regulation of the Baltic Sea Region (BSR), from both an institutional and substantive perspective. It particularly focuses on the role of the Union in advancing the broader marine governance framework in the region. Questions investigated include: in what way does the Union participate in, or otherwise influence, the activities of States, international organisations and other actors involved in BSR cooperation and regulation, and what is the importance and substantive outcome of the Union's specific role in this respect? How has the membership of eight out of nine Baltic Sea coastal States in the EU affected cooperation in the region, in terms of substance as well as procedure, and what is the influence of the BSR over the EU? These questions are discussed from different perspectives by leading experts in both the fields of EU law and the law of the BSR.


Fundamental Principles of EU Law Against Money Laundering

Fundamental Principles of EU Law Against Money Laundering

Author: Emmanuel Ioannides

Publisher: Routledge

Published: 2016-04-22

Total Pages: 200

ISBN-13: 1317131347

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This book critically analyses fundamental principles of EU law for the control of international economic crime. Discussing how the reporting system and the exchange of information are at the heart of the global anti-money laundering regime, the study also looks at the inferential force of financial intelligence in criminal proceedings and the responsibilities this places on prosecutors and criminals alike. The author closely examines the application of Article 8(2) of the European Court of Human Rights for the retention and movement of the fingerprints, cellular samples and DNA profiles of unconvicted persons, and argues the incompatibility with the ECHR, along with the effect of socially stigmatising unconvicted persons. The work concludes with exploring how financial regulation has, inter alia, shifted responsibility to businesses and financial institutions to become more transparent and accountable to financial regulators and tax authorities. This critical analysis is essential reading for law students and the Judicial Body, as well as financial crime investigators and regulators.


Crystalizing the EU Digital Policy

Crystalizing the EU Digital Policy

Author: Mirela Mărcuț

Publisher: Springer

Published: 2017-11-10

Total Pages: 225

ISBN-13: 3319692275

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This book explores the intricate connection between the Single Market, characterized by the freedom of movement of goods, services, capital and labor within and across Europe, and the Digital Single Market, the virtual space that promotes freedom of movement of information and data. Both a result and catalyst of the Single Market, the Digital Single Market has become a different space from the Single Market, as the former is based on the application of information and communication technologies (ICTs), while the latter is the result of concerted actions and concessions by Member States in the European Union. The author argues that, similar to the Single Market, the Digital Single Market is an instrument, built by the influence of the Internet, which can provide a new means of socio-economic growth and development in Europe. While sharing many similar characteristics, the Single Market and the Digital Single Market diverge in important aspects, particularly with respect to policy. The research analyzes the interaction between policy actors, their influence in the European decision-making process, and their interests in order to establish a digital policy model, in comparison with market policy. Moreover, this volume considers the implementation process and the success of such initiatives under the current policy model, and puts forward policy recommendations. Ultimately, the author considers the utility of such research on digital policy, considering the current focus on migration, vulnerabilities to internal challenges (e.g., Brexit) and security threats, maintaining that the discussion of digital policies relates to an innovative vision of the European integration process and prospects for its future.


Sixty Years of EU State Aid Law and Policy

Sixty Years of EU State Aid Law and Policy

Author: Eugene Stuart

Publisher: Kluwer Law International B.V.

Published: 2016-04-24

Total Pages: 380

ISBN-13: 9041189246

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If an EU industrial policy can be said to exist, its contours may be found in the complex and evolving concept of State aid. Because approaching any State aid issue can be fraught with multiple and sometimes conflicting interpretations, an in-depth analysis of the rationales, initiatives, and regulations that constitute the State aid system is much needed. In response to this need, this book provides a fine-grained clarifying context through which recent reforms, policy shifts, and judicial decisions concerning State aid can be understood and applied to specific situations. Focusing on the impacts of landmark cases and policy developments leading up to a deeply informed critique of the current State Aid Modernisation Programme, the authors cover such issues and topics as the following: – linkages to other established and evolving EU common policies and common strategies; – effect of EU State aid rules in the expanding geopolitical regions of EU influence; – interaction with the WTO Subsidies and Countervailing Measures Agreement; – the problem of a ‘subsidies culture’; – how the European Commission’s notion of ‘bad’ State aid has evolved; – effect of EU policy imperatives (e.g., environmental goals) which implicitly argue for increased subsidisation; – nexus with EU tax harmonisation; – competition among undertakings versus competition among Member State policies; and – nature of the quasi-devolution of regulatory responsibilities to EU Member States. This book is a crucially important source of both theoretical enlightenment and practical wisdom that will greatly enhance confident progress through any legal matter involving EU State aid rules. It will prove of immeasurable value to practitioners, in-house counsel, policymakers, and academics for many years to come.


Azerbaijan and the European Union

Azerbaijan and the European Union

Author: Eske van Gils

Publisher: Routledge

Published: 2019-11-07

Total Pages: 210

ISBN-13: 0429949030

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This book provides a comprehensive and up-to-date overview of EU-Azerbaijan relations. It examines the current state of Azerbaijan and its regime, charts the development of EU-Azerbaijan relations over time and discusses the dynamics at work in the relationship. It details the nature of the Azerbaijani regime, including its authoritarian character and allegations of corruption, explores the differences between European values and the values of the Azerbaijani government, and explains the difficulties that have arisen in the relationship, including the Nagorno-Karabakh conflict resolution process, media suppression and human rights violations. The book includes a comparison with EU relations with other states in the region.