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This book is the first to map and critically analyse the legalisation of EU-Japan cooperation in criminal justice matters, charting the existing legal instruments which regulate cooperation in the fight against crime between European states and Japan. It examines which forms of cooperation are regulated by EU Law, and which are not, and takes stock through selected case studies of the functioning in practice of cooperation between the EU as an organisation, single European States and Japan. The book focuses particularly on police cooperation, exchange of electronic evidence, mutual legal assistance, extradition, transfer of prisoners and data exchanges. It looks at the EU-Japan MLA Agreement, the Europol-Japan National Police Agency Working Arrangement, the negotiations on a PNR Agreement, and the Council of Europe Convention for Transfer of Sentenced Persons; all instruments aimed at regulating cooperation against crime between European states and Japan. Finally, the book also looks at the implications for the fight against crime of the EU-Japan Economic Partnership Agreement, Strategic Partnership Agreement, and the European Commission Adequacy decision. This book will be of key interest to scholars and students of EU Criminal law, EU-Japan cooperation, Japanese studies, transnational crime, and more broadly to comparative criminal justice, International Relations and security studies. Chapter 1 and 9 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non-Commercial-No Derivatives 4.0 licence.
This book is the first to map and critically analyse the legalisation of EU-Japan cooperation in criminal justice matters, charting the existing legal instruments which regulate cooperation in the fight against crime between European states and Japan. It examines which forms of cooperation are regulated by EU Law, and which are not, and takes stock through selected case studies of the functioning in practice of cooperation between the EU as an organisation, single European States and Japan. The book focuses particularly on police cooperation, exchange of electronic evidence, mutual legal assistance, extradition, transfer of prisoners and data exchanges. It looks at the EU-Japan MLA Agreement, the Europol-Japan National Police Agency Working Arrangement, the negotiations on a PNR Agreement, and the Council of Europe Convention for Transfer of Sentenced Persons; all instruments aimed at regulating cooperation against crime between European states and Japan. Finally, the book also looks at the implications for the fight against crime of the EU-Japan Economic Partnership Agreement, Strategic Partnership Agreement, and the European Commission Adequacy decision. This book will be of key interest to scholars and students of EU Criminal law, EU-Japan cooperation, Japanese studies, transnational crime, and more broadly to comparative criminal justice, International Relations and security studies. Chapter 1 and 9 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non-Commercial-No Derivatives 4.0 licence.
This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.
This book examines the varied competences of the European Union (EU) in relation to its capacity to externalize its policy preferences. Specifically, it explores the continued resilience within the EU's policy toolbox of supranational modes of governance beyond the State. The book first situates European experiences of supranationality in relations to the wide variety of regional and global modes of governance it comes into contact with when seeking to deal with an increasingly complex and fragmented international environment. Over the course of its subsequent sections, the book analyses the resilience, flexibility and adaptability of the EU's supranational practices across a significant cross-section of policy fields, for example, Area Freedom of Justice, Justice and Security; Socio-economic Governance; or Trade Policies. Overall, these chapters unpack the impact of the EU's internal institutional complexity on the EU's external capacity to export its preferences in an increasingly fragmented international environment. This in turn, sees the book also question whether the EU has the institutional tools to guarantee and implement consistency between its internal and external policies. This book will be of key interest to scholars and students of EU politics/studies and more broadly to International relations, International/EU Law, comparative regionalism, international political economy, security studies, international law.
This book examines the varied competences of the European Union (EU) in relation to its capacity to externalize its policy preferences. Specifically, it explores the continued resilience within the EU's policy toolbox of supranational modes of governance beyond the State. The book first situates European experiences of supranationality in relations to the wide variety of regional and global modes of governance it comes into contact with when seeking to deal with an increasingly complex and fragmented international environment. Over the course of its subsequent sections, the book analyses the resilience, flexibility and adaptability of the EU's supranational practices across a significant cross-section of policy fields, for example, Area Freedom of Justice, Justice and Security; Socio-economic Governance; or Trade Policies. Overall, these chapters unpack the impact of the EU's internal institutional complexity on the EU's external capacity to export its preferences in an increasingly fragmented international environment. This in turn, sees the book also question whether the EU has the institutional tools to guarantee and implement consistency between its internal and external policies. This book will be of key interest to scholars and students of EU politics/studies and more broadly to International relations, International/EU Law, comparative regionalism, international political economy, security studies, international law.
This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.
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