This book addresses the process of judicial cooperation in the
field of criminal justice, and poses questions on possible
harmonisation across the European Union. An expansion of European
sovereignty and European jurisdiction relating to criminal matters
- domestic crime as well as transborder crime - should be
considered as an extension of political approximation and
harmonisation by judges of supranational courts and, possibly, by
domestic judges. Therefore, the relationships between the
supranational courts (the European Union's Court of Justice and the
Council of Europe's Court of Human Rights) and domestic courts in
the English and Welsh criminal justice system and the Italian
criminal justice system are explored in detail. The difficult
judicial dialogue between the European and the national strata is
considered. An examination of the lack of a horizontal judicial
dialogue between the two nation-states, combined with an
inconsistent, vertical, judicial dialogue between the nation-states
and the two European courts, highlights the resistance between
national sovereignty and European sovereignty in this area.
General
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