|
Showing 1 - 8 of
8 matches in All Departments
EU enforcement agencies are on the rise, entrusted with
investigating breaches of EU law. What are the implications for
legal practice of their increasing prominence? This books explores
this pertinent question from a comparative perspective. Looking at
issues of accountability and legitimacy, it sets out the perimeters
on the agencies. Moving beyond the constitutional realm, it
examines procedural questions such as admissibility of evidence.
Given the very real implications of the agencies' investigations,
this book will appeal to practitioners and scholars, in fields from
criminal law to competition and banking law.
In an era in which the EU's influence in criminal law matters has
expanded rapidly, attention has recently turned to the possible
creation of a European Public Prosecutor's Office. This two volume
work presents the results of a study carried out by a group of
European criminal law experts in 2010-2012, with the financial
support of the EU Commission, whose aims were to examine in detail
current public prosecution systems in the Member States and to
scrutinise proposals for a new European office. Volume 1 begins
with thorough descriptions of 20 different national legal systems
of investigation and prosecution, addressing a range of evidential
and procedural safeguards. These will serve as a point of reference
for all future research on public prosecutors. Volume 1 also
contains a series of cross-cutting studies of the key issues that
will inform debates about the creation of a European Public
Prosecutor's Office, including studies of vertical cooperation in
administrative investigations in subsidy and competition cases, the
accession of the EU to the ECHR, judicial control in cooperation in
criminal matters, mutual recognition and decentralised enforcement
of European competition law. Volume 2 (which will be published in
2013) presents a draft set of model rules for the procedure of the
European Public Prosecutor's Office and continues with a set of
comparative studies of the national legal systems that cover the
gathering of evidence, seizure of assets, arrests, tracking and
tracing, prosecution measures, procedural safeguards, the
presumption of innocence and the right to silence, access to the
file and victim reconciliation. Volume 2 concludes with the final
report, written by Professor Ligeti, summarising the findings of
the group and reporting on the prospects for the proposed reform.
The fight against dirty money is not a new topic, nor a recent
problem. It has existed within international and national agendas
since the 1980s. Nonetheless, the evolving complexity of criminal
skills and networks; the increasingly global dimension of crime;
the financial crisis; and the alleged unsatisfactory results of the
efforts hitherto undertaken cause us to re-pose and re-discuss some
questions. This book addresses several issues concerning the
reasons, objectives and scope of national and supranational
strategies targeting criminal money, as well as the concrete
modalities to overcome its obstacles. The main objective is to
explore where the EU stands and where it ought to go, providing
useful input for policy-makers and further research. Nevertheless,
the problems are not limited to the EU area, and assets -
particularly money - cross EU borders much more easily than people
do. The reflections developed in the chapters, therefore, aim at
going beyond these EU borders. The book is divided into two parts.
The first one focuses on the core of asset recovery policies,
namely confiscation or forfeiture laws, and explores in particular
some issues concerning the respect of fundamental rights. The
second part addresses other problematic aspects related to the
asset recovery process, such as the return of assets to victim
countries, the cross-border investigations on dirty money, and the
social use of confiscated assets.
White collar crime has expanded significantly over the course of
the past two decades. Yet, not only as the amount of national and
international legislation in the field grown, but it has also
endured changes driving it away from the classic criminal law.
These trends have been reflected in changes to national
legislation, not infrequently prompted by supranational law, for
example, in the financial or the environmental sector. New
punishing regimes have emerged, such as UN blacklisting, smart
sanctions, civil asset forfeiture, financial supervisory powers,
compliance law, and anti-money laundering laws. Furthermore, the
role of administrative sanctioning law has been growing as well as
the role of private actors in the enforcement of punitive
sanctions. The aim of this volume is to examine how various
national criminal justice systems across Europe deal with the
aforementioned challenges. In the first part, it takes a closer
look at the following national systems: France, Germany, Poland and
Sweden. Furthermore, it compares the European approach with the
American one as a source of inspiration for unresolved difficulties
and future developments. Further still, the authors explore those
challenging issues regarding the field of economic and financial
crime, including the Senior Managers Regime, corporate criminal
liability, and whistle-blowers' protection. Timely and pertinent,
this is an important new work in a fast-moving field.
The fight against dirty money is not a new topic, nor a recent
problem. It has existed within international and national agendas
since the 1980s. Nonetheless, the evolving complexity of criminal
skills and networks; the increasingly global dimension of crime;
the financial crisis; and the alleged unsatisfactory results of the
efforts hitherto undertaken cause us to re-pose and re-discuss some
questions. This book addresses several issues concerning the
reasons, objectives and scope of national and supranational
strategies targeting criminal money, as well as the concrete
modalities to overcome its obstacles. The main objective is to
explore where the EU stands and where it ought to go, providing
useful input for policy-makers and further research. Nevertheless,
the problems are not limited to the EU area, and assets -
particularly money - cross EU borders much more easily than people
do. The reflections developed in the chapters, therefore, aim at
going beyond these EU borders. The book is divided into two parts.
The first one focuses on the core of asset recovery policies,
namely confiscation or forfeiture laws, and explores in particular
some issues concerning the respect of fundamental rights. The
second part addresses other problematic aspects related to the
asset recovery process, such as the return of assets to victim
countries, the cross-border investigations on dirty money, and the
social use of confiscated assets.
In the past few years, criminal justice systems have faced
important global challenges in the field of economic and financial
crime. The 2008 financial crisis revealed how strongly financial
markets and economies are interconnected and illustrated that
misconduct in the economic and financial sectors is often of a
systemic nature, with wide-spread consequences for a large number
of victims. The prevention, control and punishment of such crimes
is thus confronted with a strong globalisation. Moreover,
continuous technological evolutions and socio-economic developments
make the distinction between socially desirable and undesirable
behaviour more problematic. Besides, economic and financial
misconduct is notoriously difficult to detect and investigate. In
light of these challenges, legislators and law enforcers have been
searching for adequate responses to combat economic and financial
crime by adapting existing policies, norms and practices and by
creating new enforcement mechanisms. The purpose of this volume is
to analyse those challenges in the field of economic and financial
crime from different perspectives, and to examine which particular
solutions criminal justice systems across Europe give to those
challenges. The volume has four parts. The first part focuses on a
number of key questions with respect to substantive criminal law,
whereas the second part will address issues affecting the
administration of justice and criminal procedure. Part three then
explores particular challenges concerning multi-agency cooperation
and multi-disciplinary investigations. Finally, part four will
concentrate on issues regarding shared or integrated enforcement
models.
In the past few years, criminal justice systems have faced
important global challenges in the field of economic and financial
crime. The 2008 financial crisis revealed how strongly financial
markets and economies are interconnected and illustrated that
misconduct in the economic and financial sectors is often of a
systemic nature, with wide-spread consequences for a large number
of victims. The prevention, control and punishment of such crimes
is thus confronted with a strong globalisation. Moreover,
continuous technological evolutions and socio-economic developments
make the distinction between socially desirable and undesirable
behaviour more problematic. Besides, economic and financial
misconduct is notoriously difficult to detect and investigate. In
light of these challenges, legislators and law enforcers have been
searching for adequate responses to combat economic and financial
crime by adapting existing policies, norms and practices and by
creating new enforcement mechanisms. The purpose of this volume is
to analyse those challenges in the field of economic and financial
crime from different perspectives, and to examine which particular
solutions criminal justice systems across Europe give to those
challenges. The volume has four parts. The first part focuses on a
number of key questions with respect to substantive criminal law,
whereas the second part will address issues affecting the
administration of justice and criminal procedure. Part three then
explores particular challenges concerning multi-agency cooperation
and multi-disciplinary investigations. Finally, part four will
concentrate on issues regarding shared or integrated enforcement
models.
|
You may like...
Loot
Nadine Gordimer
Paperback
(2)
R398
R330
Discovery Miles 3 300
Loot
Nadine Gordimer
Paperback
(2)
R398
R330
Discovery Miles 3 300
Tenet
John David Washington, Robert Pattinson, …
DVD
R53
Discovery Miles 530
|