Schengen Investigated

Schengen Investigated

Author: Chantal Joubert

Publisher: Martinus Nijhoff Publishers

Published: 2023-08-28

Total Pages: 600

ISBN-13: 9004641696

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Although the Schengen Convention has been in force since March 1995, no book has to date attempted an interpretation of the three authentic versions of the Convention in the light of a comparative study of applicable norms in the five original Schengen countries. This book is the result of a five-year study of the law applicable to the police in five countries (Belgium, The Netherlands, Luxembourg, France and Germany) and the possible impact of the differences on the application of the Schengen Convention. Moreover, the European Convention on Human Rights is used as a standard minimum for the interpretation. This book is an important tool for all practitioners in the field of cross-border criminal procedure law.


Justice, Home Affairs and Security. European and international institutional and policy development

Justice, Home Affairs and Security. European and international institutional and policy development

Author: G. Vermeulen

Publisher: Maklu

Published: 2017-02-15

Total Pages: 311

ISBN-13: 9046608735

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This book offers an insight into the historical, institutional and topical development of the EU policy in the areas of justice, home affairs and security, well-embedded in a broader international context. The main part of the book, dedicated to the EU, is therefore preceded by a part on relevant cooperation on the Benelux and Schengen levels and followed by a part on cooperation in the areas concerned on Council of Europe, NATO, OSCE, G8, OECD and UN levels. Without a proper understanding of those cooperation levels, the development and functioning of the EU would be hard to fully grasp. Before addressing the actual policy dimension, all parts start with a historical introduction and a sketch of institutional structures and functioning. For students and professionals in criminology, law and political science, and every one interested in European and international criminal policy making this book will prove relevant or insightful.


Immigration and Asylum Law and Policy of the European Union

Immigration and Asylum Law and Policy of the European Union

Author: Kay Hailbronner

Publisher: BRILL

Published: 2024-01-22

Total Pages: 584

ISBN-13: 9004482628

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The harmonization of the different European legal systems has reached the field of asylum and immigration policy. The Maastricht Treaty has established the legal basis for a common migration policy. Numerous resolutions, recommendations, joint positions and actions were adopted by the EU Council based on the `third pillar' in the Maastricht Treaty. Within the `first pillar' the European Community has enacted regulations on visa policy based on Art. 100c EC - Treaty. Additionally, several agreements with third countries on immigration issues were set into force. Immigration and Asylum Law and Policy of the European Union comprehensively describes the present state of the harmonization process concerning migration policy in the European Union. Particular emphasis is laid on the legal status of third-country nationals with regard to entry and residence. Furthermore, the gaps within EU regulations are evaluated in an attempt to search for a homogenous European migration policy.


Crime, Criminal Law and Criminal Justice in Europe

Crime, Criminal Law and Criminal Justice in Europe

Author: Hans-Jörg Albrecht

Publisher: Martinus Nijhoff Publishers

Published: 2013-02-06

Total Pages: 691

ISBN-13: 9004250786

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This unique collection of essays celebrates the twentieth anniversary of the seminal journal the European Journal of Crime, Criminal Law and Criminal Justice, as well as the outstanding and uninterrupted work over that period of its founding Editor-in-Chief, Professor Cyrille Fijnaut. The volume consists of a selection of some of the most ground-breaking articles published over the past twenty years, covering the three areas of focus of the journal: problems of crime, developments in criminal law and changes in criminal justice. It thus explores such diverse issues as the problems of crime in Central and Eastern Europe after the disappearance of the Soviet Union and the collapse of Yugoslavia; the allocation of criminal law power in the European Union; police cooperation in the border areas of the Member States; the criminalization of white collar crime; the establishment of European police services and of a European Public Prosecutor’s Office; new forms of criminal justice cooperation between the Member States; and many others. The journal's unique multidisciplinary approach and its commitment to offer insights from a wide variety of European countries and language areas ensure that a varied range of perspectives are offered on the topics discussed. The result is an enlightening and highly readable anthology, shedding light on the extraordinary developments that have taken place in the area of crime and punishment in Europe.


Nicholls, Montgomery, and Knowles on The Law of Extradition and Mutual Assistance

Nicholls, Montgomery, and Knowles on The Law of Extradition and Mutual Assistance

Author: Clive Nicholls QC

Publisher: Oxford University Press, USA

Published: 2013-03-14

Total Pages: 877

ISBN-13: 0199692815

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Nicholls, Montgomery, and Knowles on The Law of Extradition and Mutual Assistance provides a comprehensive and analytical treatment of the laws covering the extradition and mutual assistance agreements, as well as international mutual assistance. Provides extensive treatment of both extradition and mutual assistance in one text.


The Individual as Subject of International Cooperation in Criminal Matters

The Individual as Subject of International Cooperation in Criminal Matters

Author: Albin Eser

Publisher: Nomos Verlagsgesellschaft

Published: 2002

Total Pages: 844

ISBN-13:

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The individual's position as a "subject," commonplace in national proceedings, is not at all clear when the need for extradition, mutual assistance or some other form of international cooperation arises in the context of domestic criminal proceedings. This book analyzes traditional concepts in which only two dimensions are represented, namely, that of the requesting and that of the requested state. Beyond this, the authors searched for a full three-dimensionality as well. The general approach was: If the individual is recognized as having his or her own subjective, substantive and procedural rights, be they conferred by international treaties or conventions or simply by municipal law (here, especially, constitutional guarantees), the legal relationships under study can no longer be seen as two-dimensional. The project focussed not only on extradition but also on other forms of international cooperation in criminal matters, including the enforcement of sanctions. The "choice of forum" came to be seen as a special topic and turned out to be an issue of paramount importance. In addition, our study of international administrative cooperation allowed us to cover some crucial gray areas that would not otherwise have been identified, e.g., police cooperation and international cooperation in tax matters. The book contains national reports on Finland, Germany, Italy, the Netherlands and the United States as well as a report on the European Union.