The Governance of Criminal Justice in the European Union

The Governance of Criminal Justice in the European Union

Author: Ricardo Pereira

Publisher: Edward Elgar Publishing

Published: 2020-12-28

Total Pages: 248

ISBN-13: 9781788977289

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This timely book provides an astute assessment of the institutional and constitutional boundaries, interactions and tensions between the different levels of governance in EU criminal justice. Probing the conceptual and theoretical underpinnings of the EU's approach to transnational crime, it proposes improved mechanisms for public participation in the governance of EU criminal law, designed to ensure better transparency, accountability and democratic controls. Influential scholars from across Europe analyse key practical challenges to the governance of EU criminal law in the context of specific crimes, including financial crime, cybercrime and environmental crime. Offering sector-specific perspectives on tackling transnational crime, insightful chapters examine the potential options for criminal-law cooperation between the EU and the UK after Brexit, and consider to what extent these avenues may represent enhanced mechanisms for the governance of transnational crimes and common security threats in the future. This important study will prove crucial reading for academics, researchers and postgraduate students examining EU, transnational and comparative criminal law, as well as European integration studies and constitutional law more broadly. Practitioners and policy-makers working in the EU's Area of Freedom, Security and Justice will also benefit from this book's practical insights into the mechanisms of EU law and justice.


Justice and Home Affairs Agencies in the European Union

Justice and Home Affairs Agencies in the European Union

Author: Christian Kaunert

Publisher: Routledge

Published: 2016-01-22

Total Pages: 192

ISBN-13: 1317674626

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This book examines the role of agencies and agency-like bodies in the EU’s Area of Freedom, Security and Justice (AFSJ).When the Maastricht Treaty entered into force on 1 November 1993, the institutional landscape of the so-called ‘Third Pillar’ looked significantly different than it does now. Aside from Europol, which existed only on paper at that time, the European agencies examined in this book were mere ideas in the heads of federalist dreamers or were not even contemplated. Eventually, Europol slowly emerged from its embryonic European Drugs Unit and became operational in 1999. Around the same time, the European Union (EU) unveiled plans in its Tampere Programme for a more extensive legal and institutional infrastructure for internal security policies. Since then, as evidenced by the chapters presented in this book, numerous policy developments have taken place. Indeed, the agencies now operating in the EU’s Area of Freedom, Security and Justice (AFSJ) are remarkable in the burgeoning scope of their activities, as well as their gradually increasing autonomy vis-à-vis the EU member states and the institutions that brought them to life. This book was published as a special issue of Perspectives on European Politics and Society.


Governance in the European Union

Governance in the European Union

Author: Gary Marks

Publisher: SAGE

Published: 1996-05-21

Total Pages: 193

ISBN-13: 1849207046

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A fresh alternative to traditional state-centred analyses of the process of European integration is presented in this book. World-renowned scholars analyze the state in terms of its component parts and clearly show the interaction of subnational, national and supranational actors in the emerging European polity. This `multi-level politics′ approach offers a powerful lens through which to view the future course of European integration. The contributors′ empirical exploration of areas such as regional governance, social policy and social movements underpins their broad conceptual and theoretical framework providing significant new insight into European politics.


EU Criminal Law

EU Criminal Law

Author: Valsamis Mitsilegas

Publisher: Bloomsbury Publishing

Published: 2009-03-16

Total Pages: 561

ISBN-13: 184731726X

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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.


The Governance of Criminal Justice in the European Union

The Governance of Criminal Justice in the European Union

Author: Ricardo Pereira

Publisher: Edward Elgar Publishing

Published: 2020-12-25

Total Pages: 296

ISBN-13: 1788977297

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This timely book provides an astute assessment of the institutional and constitutional boundaries, interactions and tensions between the different levels of governance in EU criminal justice. Probing the conceptual and theoretical underpinnings of the EU’s approach to transnational crime, it proposes improved mechanisms for public participation in the governance of EU criminal law, designed to ensure better transparency, accountability and democratic controls.


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?


Crime and Insecurity

Crime and Insecurity

Author: Adam Crawford

Publisher: Routledge

Published: 2013-01-11

Total Pages: 327

ISBN-13: 1135989222

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Concerns over insecurity and questions of safety have become central issues in social and political debates across Europe and the western world. Crucial changes have followed as a result, such as a redefinition of the role of the state in relation to policing - a central theme of this book - and an explosion in the growth of private policing. These developments have, in their turn, heightened feelings of insecurity and safety, particularly where populations have become increasingly mobile and societies more socially fragmented, culturally diverse and economically fragmented. Responses to insecurity now increasingly inform decisions made by governments, organisations and ordinary people in their social interactions. This book makes a key contribution to an understanding of these developments, approaching the subject from a range of perspectives, across several different disciplines. The three parts of the book look at broader theoretical and thematic issues, then at cross-national and pan-European developments and debates in European governance, and finally explore specific examples of local issues of community safety and the broader implications these have. Leading figures in the field draw upon criminological, legal, social, and political theory to shed new light on what has become one of the most intractable problems facing western societies.


The Law of the European Union and the European Communities

The Law of the European Union and the European Communities

Author: Pieter Jan Kuijper

Publisher: Kluwer Law International B.V.

Published: 2018-09-28

Total Pages: 1251

ISBN-13: 9041154124

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The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.


The European Union as an Area of Freedom, Security and Justice

The European Union as an Area of Freedom, Security and Justice

Author: Maria Fletcher

Publisher: Routledge

Published: 2016-11-25

Total Pages: 583

ISBN-13: 1317573226

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This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.