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EU criminal law is one of the fastest evolving, but also
challenging, policy areas and fields of law. This Handbook provides
a comprehensive and advanced analysis of EU criminal law as a
structurally and constitutionally unique policy area and field of
research.With contributions from leading experts, focusing on their
respective fields of research, the book is preoccupied with
defining cross-border or 'Euro-crimes', while allowing Member
States to sanction criminal behaviour through mutual cooperation.
It contains a web of institutions, agencies and external liaisons,
which ensure the protection of EU citizens from serious crime,
while protecting the fundamental rights of suspects and criminals.
Students and scholars of EU criminal law will benefit from the
comprehensive research present in this Handbook. National and EU
policy-makers, as well as judges, defence lawyers and human rights
lawyers will find the analysis of current legal action, combined
with proposed solutions, useful to their work Contributors: I.
Armada, P. Asp, M. Bergstroem, P. Caeiro, I. Cameron, M. Coninsx,
P. De Hert, E. Fahey, E. Fasoli, M. Fitzmaurice, M. Fletcher, F.
Galli, S. Gless, J.A. Gutierrez-Fons, C. Harding, E.
Herlin-Karnell, J. Hodgson, S. Hufnagel, M. Kaiafa-Gbandi, A.
Kargopoulos, T. Konstadinides, H. Labayle, A. Lazowski, K.
Lenaerts, K. Ligeti, L. Marin, V. Mitsilegas, T. Obokata, R.
Sicurella, N. Vavoula, A. Weyembergh
This monograph is the first comprehensive analysis of the impact of
the entry into force of the Treaty of Lisbon on EU criminal law. By
focusing on key areas of criminal law and procedure, the book
assesses the extent to which the entry into force of the Lisbon
Treaty has transformed European criminal justice and evaluates the
impact of post-Lisbon legislation on national criminal justice
systems. The monograph examines the constitutionalisation of EU
criminal law after Lisbon, by focusing on the impact of
institutional and constitutional developments in the field
including the influence of the EU Charter of Fundamental Rights on
EU criminal law. The analysis covers aspects of criminal justice
ranging from criminalisation to judicial co-operation to
prosecution to the enforcement of sanctions. The book contains a
detailed analysis and evaluation of the powers of the Union to
harmonise substantive criminal law and the influence of European
Union law on national substantive criminal law; of the evolution of
the Europeanisation of prosecution from horizontal co-operation
between national criminal justice to forms of vertical integration
in the field of prosecution as embodied in the evolution of
Eurojust and the establishment of a European Public Prosecutor's
Office; of the operation of the principle of mutual recognition (by
focusing in particular on the European Arrest Warrant System) and
its impact on the relationship between mutual trust and fundamental
rights; of EU legislation in the field on criminal procedure,
including legislation on the rights of the defendant and the
victim; of the relationship between EU criminal law and citizenship
of the Union; and of the evolution of an EU model of preventive
justice, as exemplified by the proliferation of measures on
terrorist sanctions. Throughout the book, the questions of the UK
participation in Europe's area of criminal justice and the
feasibility of a Europe a-la-carte in EU criminal law are examined.
The book concludes by highlighting the possibilities that the
Lisbon Treaty opens for the development of a new paradigm of
European criminal justice, which places the individual (and not the
state), and the protection of fundamental rights (and not security)
at its core.
This book offers a brand new point of view on immigration
detention, pursuing a multidisciplinary approach and presenting new
reflections by internationally respected experts from academic and
institutional backgrounds. It offers an in-depth perspective on the
immigration framework, together with the evolution of European and
international political decisions on the management of immigration.
Readers will be introduced to new international decisions on the
protection of human rights, together with international measures
concerning the detention of immigrants. In recent years,
International Law and European Law have converged to develop
measures for combatting irregular immigration. Some of them include
the criminalization of illegally entering a member state or
illegally remaining there after legally entering. Though migration
has become a great challenge for policymakers, legislators and
society as a whole, we must never forget that migrants should enjoy
the same human rights and legal protection as everyone else.
The increasing prevalence of transnational crime in a mobile and
interconnected world presents serious challenges, both in terms of
analysing these issues and attempting to tackle and prevent them.
This Research Handbook on Transnational Crime is an
interdisciplinary, up-to-date guide to this growing field, written
by an international cohort of leading scholars and experts. The
multifaceted nature of the problem is reflected in the structure of
this innovative Research Handbook, covering all the major areas of
transnational crime, including terrorism, money laundering,
environmental crime, migration-related crime, human trafficking,
drug trafficking, cybercrime and heritage crime. Each sector is
examined through three dedicated chapters that consider in turn
legal responses to a given crime, its current criminological
understanding, and the practical challenges of policing and
prosecution, providing a well-rounded, detailed discussion of each
topic. This timely Research Handbook also includes chapters
focusing on responses to transnational crime in specific regions,
including the EU, the African Union, Asia, South America and
ex-Soviet Union countries. This Research Handbook will be crucial
reading for academics and students with an interest in criminal
justice and criminology, particularly those working on
international and transnational crime. Policymakers and
practitioners will also find its insights into practical challenges
in the field invaluable. Contributors include: M. Bergstroem, N.l.
Bhatia, L.Y.-C. Chang, D. Chappell, M. den Boer, J. Ferwerda, R.
Fortson, F. Galli, P. Gottschalk, M.l. Grewcock, A. Grymaneli, M.J.
Guia, R.V. Gundur, S.A. Hardy, Y. Holiday, S. Hufnagel, J. Lindley,
A. Marks, S. Mehlbaum, V. Mitsilegas, A. Moiseienko, D. Mystris, E.
Papastavridis, M. Peters, K. Polk, R.D. Pucci, W.E. Purvis, K.
Roach, J. Sheptycki, M.-L. Skilbrei, E. Smith, T. Spapens, J. Ulph,
G. Urbas, G.M. Vagliasindi, G. van Bueren, C. Walker, R.W.Y. Wong,
S.N.M. Young
This volume offers a diverse set of perspectives on transnational
crime. Providing a wide-ranging overview of the legal and policy
issues that arise in connection with various forms of transnational
crime, the authors outline the criminal justice responses adopted
across different jurisdictions. Including contributions from high
profile Chinese and European academics and practitioners across a
variety of disciplines and methodological backgrounds, the authors
address some of the hitherto underexplored issues related to
transnational crime. These range from trafficking in cultural
objects derived from illicit metal-detecting and metal-detecting
tourism in China to the European approaches to criminalising the
denial of historical truth. The central theme of the book is that
useful lessons can be drawn from each other's experiences, and that
a cross-fertilisation of domestic approaches to transnational crime
is essential to effective cooperation. This book will be of use to
students and academics of comparative criminal justice and anyone
interested in transnational crime.
The book consists of the keynote papers delivered at the 2012 WG
Hart Workshop on Globalisation, Criminal Law and Criminal Justice
organised by the Queen Mary Criminal Justice Centre. The volume
addresses, from a cross-disciplinary perspective, the multifarious
relationship between globalisation on the one hand, and criminal
law and justice on the other hand. At a time when economic,
political and cultural systems across different jurisdictions are
increasingly becoming or are perceived to be parts of a coherent
global whole, it appears that the study of crime and criminal
justice policies and practices can no longer be restricted within
the boundaries of individual nation-states or even particular
transnational regions. But in which specific fields, to what
extent, and in what ways does globalisation influence crime and
criminal justice in disparate jurisdictions? Which are the factors
that facilitate or prevent such influence at a domestic and/or
regional level? And how does or should scholarly inquiry explore
these themes? These are all key questions which are addressed by
the contributors to the volume. In addition to contributions
focusing on theoretical and comparative dimensions of globalisation
in criminal law and justice, the volume includes sections focusing
on the role of evidence in the development of criminal justice
policy, the development of European criminal law and its
relationship with national and transnational legal orders, and the
influence of globalisation on the interplay between criminal and
administrative law.
This volume offers a diverse set of perspectives on transnational
crime. Providing a wide-ranging overview of the legal and policy
issues that arise in connection with various forms of transnational
crime, the authors outline the criminal justice responses adopted
across different jurisdictions. Including contributions from high
profile Chinese and European academics and practitioners across a
variety of disciplines and methodological backgrounds, the authors
address some of the hitherto underexplored issues related to
transnational crime. These range from trafficking in cultural
objects derived from illicit metal-detecting and metal-detecting
tourism in China to the European approaches to criminalising the
denial of historical truth. The central theme of the book is that
useful lessons can be drawn from each other's experiences, and that
a cross-fertilisation of domestic approaches to transnational crime
is essential to effective cooperation. This book will be of use to
students and academics of comparative criminal justice and anyone
interested in transnational crime.
What impact has the evolution and proliferation of surveillance in
the digital age had on fundamental rights? This important
collection offers a critical assessment from a European,
transatlantic and global perspective. It tracks four key
dimensions: digitalisation, privatisation,
de-politicisation/de-legalisation and globalisation. It sets out
the legal and policy demands that recourse to 'the digital' has
imposed. Exploring the question across key sectors, it looks at
privatisation through the prism of those demands on the private
sector to co-operate with the state's security needs. It goes on to
assess de-politicisation and de-legalisation, reflecting the fact
that surveillance is often conducted in secret. Finally, it looks
at applicable law in a globalised digital world. The book, with its
exploration of cutting-edge issues, makes a significant
contribution to our understanding of privacy in this new digital
landscape.
The past fifteen years witnessed the emergence globally of a
plethora of legislative measures aimed at countering money
laundering. These developments have been inextricably linked with
the growing international focus on newly perceived and/or
prioritized global security threats such as organized crime and
terrorism with money laundering counter-measures deemed essential
to counter these threats. Taking these developments into account,
this book examines in detail the evolution and content of money
laundering counter-measures in the European Union. These measures
constitute a new paradigm of security governance, achieved through
three principal methods: criminalization, consisting in the
emergence of new criminal offences; responsibilisation, consisting
in the mobilization of the private sector to co-operate with the
authorities in the fight against money laundering; and the emphasis
on the administration of knowledge, through the establishment of
new institutions, the financial intelligence units, with extensive
powers to administer a wide range of information provided by the
private sector. This paradigm may pose significant challenges to
fundamental legal principles and to well-established social
structures and the book attempts to address this balance. This
up-to-date analysis includes the provisions of the new EU
money-laundering Directive which was formally adopted in December
2001.
This book provides a systematic and comprehensive overview of the
increased role of criminal law in managing migration, from a
European, domestic and comparative law perspective. The
contributors critically engage with the current trends leading to
the criminalisation of irregular migrants, asylum seekers and those
who engage in 'humanitarian smuggling' and the national and common
policies calling for a broader use of criminal law measures. The
chapters explore the measures used to protect borders and their
impact in terms of effectiveness and their ability to strike a fair
balance between security and the protection of human rights. The
contributors to the book cover a range of disciplines within law,
human rights and criminology resulting in a broad understanding of
the issues at play.
This book offers a brand new point of view on immigration
detention, pursuing a multidisciplinary approach and presenting new
reflections by internationally respected experts from academic and
institutional backgrounds. It offers an in-depth perspective on the
immigration framework, together with the evolution of European and
international political decisions on the management of immigration.
Readers will be introduced to new international decisions on the
protection of human rights, together with international measures
concerning the detention of immigrants. In recent years,
International Law and European Law have converged to develop
measures for combatting irregular immigration. Some of them include
the criminalization of illegally entering a member state or
illegally remaining there after legally entering. Though migration
has become a great challenge for policymakers, legislators and
society as a whole, we must never forget that migrants should enjoy
the same human rights and legal protection as everyone else.
This is the first monograph providing a comprehensive legal
analysis of the criminalisation of migration in Europe. The book
puts forward a definition of the criminalisation of migration as
the three-fold process whereby migration management takes place via
the adoption of substantive criminal law, via recourse to
traditional criminal law enforcement mechanisms including
surveillance and detention, and via the development of mechanisms
of prevention and pre-emption. The book provides a typology of
criminalisation of migration, structured on the basis of the three
stages of the migrant experience: criminalisation before entry
(examining criminalisation in the context of extraterritorial
immigration control, delegation and privatisation in immigration
control and the securitisation of migration); criminalisation
during stay (examining how substantive criminal law is used to
regulate migration in the territory); and criminalisation after
entry and towards removal (examining efforts to exclude and remove
migrants from the territory and jurisdiction of EU Member States
and criminalisation through detention). The analysis focuses on the
impact of the criminalisation of migration on human rights and the
rule of law, and it highlights how European Union law (through the
application of both the EU Charter of Fundamental Rights and
general principles of EU law) and ECHR law may contribute towards
achieving decriminalisation of migration in Europe.
The aim of this book is to provide an insight into the landmark
rulings of the Court of Justice of the European Union (CJEU) in
European Criminal Law (ECL). As in other areas of EU law, the
decisions of the CJEU have been a driving force for development and
integration. By analysing the impact of these leading cases on EU
and national law, the book provides a diachronic and multifaceted
picture of the Court's approach to criminal law.
This is the second edition of EU Criminal Law, which has become
since its publication in 2009 a key point of reference in the
field. The second edition is updated and substantially expanded, to
take into account the significant growth of EU criminal law as a
distinct legal field and the impact of the entry into force of the
Lisbon Treaty on European integration in criminal matters. The book
offers a holistic and in-depth analysis of the key elements of
European integration in criminal matters, including EU powers and
competence to criminalise, the evolution of judicial co-operation
under the principles of mutual recognition and mutual trust, EU
action in the field of criminal procedure including legislation on
the rights of the defendant and the victim, the evolving role of
European bodies and agencies (such as Europol, Eurojust and the
European Public Prosecutor's Office) in European criminal law, and
the development of EU-wide surveillance and data gathering and
exchange mechanisms. Several chapters are devoted to the external
dimension of EU action in criminal matters (including transatlantic
counter-terrorism cooperation and the impact of Brexit on EU
Criminal Law) Throughout the volume, the constitutional and
fundamental rights implications of European integration in criminal
matters are highlighted. Covering all the key principles of EU law,
with clear explanation and rigorous analysis, this will give
scholars, students, policy makers and legal practitioners
interested in the subject a strong understanding of this
fascinating but sometimes complex field.
This monograph is the first comprehensive analysis of the impact of
the entry into force of the Treaty of Lisbon on EU criminal law. By
focusing on key areas of criminal law and procedure, the book
assesses the extent to which the entry into force of the Lisbon
Treaty has transformed European criminal justice and evaluates the
impact of post-Lisbon legislation on national criminal justice
systems. The monograph examines the constitutionalisation of EU
criminal law after Lisbon, by focusing on the impact of
institutional and constitutional developments in the field
including the influence of the EU Charter of Fundamental Rights on
EU criminal law. The analysis covers aspects of criminal justice
ranging from criminalisation to judicial co-operation to
prosecution to the enforcement of sanctions. The book contains a
detailed analysis and evaluation of the powers of the Union to
harmonise substantive criminal law and the influence of European
Union law on national substantive criminal law; of the evolution of
the Europeanisation of prosecution from horizontal co-operation
between national criminal justice to forms of vertical integration
in the field of prosecution as embodied in the evolution of
Eurojust and the establishment of a European Public Prosecutor's
Office; of the operation of the principle of mutual recognition (by
focusing in particular on the European Arrest Warrant System) and
its impact on the relationship between mutual trust and fundamental
rights; of EU legislation in the field on criminal procedure,
including legislation on the rights of the defendant and the
victim; of the relationship between EU criminal law and citizenship
of the Union; and of the evolution of an EU model of preventive
justice, as exemplified by the proliferation of measures on
terrorist sanctions. Throughout the book, the questions of the UK
participation in Europe's area of criminal justice and the
feasibility of a Europe a-la-carte in EU criminal law are examined.
The book concludes by highlighting the possibilities that the
Lisbon Treaty opens for the development of a new paradigm of
European criminal justice, which places the individual (and not the
state), and the protection of fundamental rights (and not security)
at its core.
What impact has the evolution and proliferation of surveillance in
the digital age had on fundamental rights? This important
collection offers a critical assessment from a European,
transatlantic and global perspective. It tracks four key
dimensions: digitalisation, privatisation,
de-politicisation/de-legalisation and globalisation. It sets out
the legal and policy demands that recourse to 'the digital' has
imposed. Exploring the question across key sectors, it looks at
privatisation through the prism of those demands on the private
sector to co-operate with the state's security needs. It goes on to
assess de-politicisation and de-legalisation, reflecting the fact
that surveillance is often conducted in secret. Finally, it looks
at applicable law in a globalised digital world. The book, with its
exploration of cutting-edge issues, makes a significant
contribution to our understanding of privacy in this new digital
landscape.
The book consists of the keynote papers delivered at the 2012 WG
Hart Workshop on Globalisation, Criminal Law and Criminal Justice
organised by the Queen Mary Criminal Justice Centre. The volume
addresses, from a cross-disciplinary perspective, the multifarious
relationship between globalisation on the one hand, and criminal
law and justice on the other hand. At a time when economic,
political and cultural systems across different jurisdictions are
increasingly becoming or are perceived to be parts of a coherent
global whole, it appears that the study of crime and criminal
justice policies and practices can no longer be restricted within
the boundaries of individual nation-states or even particular
transnational regions. But in which specific fields, to what
extent, and in what ways does globalisation influence crime and
criminal justice in disparate jurisdictions? Which are the factors
that facilitate or prevent such influence at a domestic and/or
regional level? And how does or should scholarly inquiry explore
these themes? These are all key questions which are addressed by
the contributors to the volume. In addition to contributions
focusing on theoretical and comparative dimensions of globalisation
in criminal law and justice, the volume includes sections focusing
on the role of evidence in the development of criminal justice
policy, the development of European criminal law and its
relationship with national and transnational legal orders, and the
influence of globalisation on the interplay between criminal and
administrative law.
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.
This is the second edition of EU Criminal Law, which has become
since its publication in 2009 a key point of reference in the
field. The second edition is updated and substantially expanded, to
take into account the significant growth of EU criminal law as a
distinct legal field and the impact of the entry into force of the
Lisbon Treaty on European integration in criminal matters. The book
offers a holistic and in-depth analysis of the key elements of
European integration in criminal matters, including EU powers and
competence to criminalise, the evolution of judicial co-operation
under the principles of mutual recognition and mutual trust, EU
action in the field of criminal procedure including legislation on
the rights of the defendant and the victim, the evolving role of
European bodies and agencies (such as Europol, Eurojust and the
European Public Prosecutor’s Office) in European criminal law,
and the development of EU-wide surveillance and data gathering and
exchange mechanisms. Several chapters are devoted to the external
dimension of EU action in criminal matters (including transatlantic
counter-terrorism cooperation and the impact of Brexit on EU
Criminal Law) Throughout the volume, the constitutional and
fundamental rights implications of European integration in criminal
matters are highlighted. Covering all the key principles of EU law,
with clear explanation and rigorous analysis, this will give
scholars, students, policy makers and legal practitioners
interested in the subject a strong understanding of this
fascinating but sometimes complex field.
The aim of this book is to provide an insight into the landmark
rulings of the Court of Justice of the European Union (CJEU) in
European Criminal Law (ECL). As in other areas of EU law, the
decisions of the CJEU have been a driving force for development and
integration. By analysing the impact of these leading cases on EU
and national law, the book provides a diachronic and multifaceted
picture of the Court's approach to criminal law.
This book provides a systematic and comprehensive overview of the
increased role of criminal law in managing migration, from a
European, domestic and comparative law perspective. The
contributors critically engage with the current trends leading to
the criminalisation of irregular migrants, asylum seekers and those
who engage in 'humanitarian smuggling' and the national and common
policies calling for a broader use of criminal law measures. The
chapters explore the measures used to protect borders and their
impact in terms of effectiveness and their ability to strike a fair
balance between security and the protection of human rights. The
contributors to the book cover a range of disciplines within law,
human rights and criminology resulting in a broad understanding of
the issues at play.
Policing Humanitarianism examines the ways in which European Union
policies aimed at countering the phenomenon of migrant smuggling
affects civil society actors' activities in the provision of
humanitarian assistance, access to rights for irregular immigrants
and asylum seekers. It explores the effects of EU policies, laws
and agencies' operations in anti-migrant smuggling actions and
their implementation in the following EU Member States: Italy,
Greece, Hungary and the UK.The book critically studies policies
designed and implemented since 2015, during the so called 'European
refugee humanitarian crisis'. Building upon the existing academic
literature covering the 'criminalisation of migration ' in the EU,
the book examines the wider set of punitive, coercive or
control-oriented dynamics affecting Civil Society Actors' work and
activities through the lens of the notion of ' policing the
mobility society'. This concept seeks to provide a framework of
analysis that allows for an examination of a wider set of
practices, mechanisms and tools driven by a logic of policing in
the context of the EU Schengen border framework: those which affect
not only people, who move (qualified as third-country nationals for
the purposes of EU law), but also people who mobilise in a
rights-claiming capacity on behalf of and with immigrants and
asylum-seekers.
Policing Humanitarianism examines the ways in which European Union
policies aimed at countering the phenomenon of migrant smuggling
affects civil society actors' activities in the provision of
humanitarian assistance, access to rights for irregular immigrants
and asylum seekers. It explores the effects of EU policies, laws
and agencies' operations in anti-migrant smuggling actions and
their implementation in the following EU Member States: Italy,
Greece, Hungary and the UK.The book critically studies policies
designed and implemented since 2015, during the so called 'European
refugee humanitarian crisis'. Building upon the existing academic
literature covering the 'criminalisation of migration ' in the EU,
the book examines the wider set of punitive, coercive or
control-oriented dynamics affecting Civil Society Actors' work and
activities through the lens of the notion of ' policing the
mobility society'. This concept seeks to provide a framework of
analysis that allows for an examination of a wider set of
practices, mechanisms and tools driven by a logic of policing in
the context of the EU Schengen border framework: those which affect
not only people, who move (qualified as third-country nationals for
the purposes of EU law), but also people who mobilise in a
rights-claiming capacity on behalf of and with immigrants and
asylum-seekers.
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