The Principle of Mutual Trust in EU Criminal Law PDF Download

Author: Auke Willems
Publisher: Bloomsbury Publishing
ISBN: 1509924558
Category : Law
Languages : en
Pages : 352

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Book Description
This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.

Author: Christine Janssens
Publisher: OUP Oxford
ISBN: 0191653896
Category : Law
Languages : en
Pages : 408

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Book Description
Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.

Author: Tony Marguery
Publisher:
ISBN: 9789462404991
Category :
Languages : en
Pages : 461

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Book Description

Author: Maria Fletcher
Publisher: Edward Elgar Publishing
ISBN: 1848443889
Category : Law
Languages : en
Pages : 251

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Book Description
. . . this book fills a significant gap in the English-language literature and must be read by all who seek to understand why profound reflection is needed on the theoretical underpinnings of EU criminal justice. Samuli Miettinen, Journal of Common Market Studies The book contains a number of interesting arguments and comments on the development of EU criminal law. . . the authors efforts to provide a generalist book in this ever-growing, increasingly important and still under-researched field of EU law must be welcomed. Valsamis Mitsilegas, The Edinburgh Law Review Today, EU criminal law and justice constitutes a significant body of law potentially affecting most aspects of criminal justice. This book provides a comprehensive, accessible yet analytically challenging account of the institutional and legal developments in this field to date. It also includes full consideration of the prospective changes to EU criminal law contained in the recent Lisbon Treaty . While, broadly speaking, the authors welcome the objectives of EU criminal law, they call for a profound rethinking of how the good of criminal justice however defined is to be delivered to those living in the EU. At present, despite sometimes commendable initiatives from the institutions responsible, the actual framing and implementation of the Area of Freedom, Security and Justice (AFSJ) suffers from a failure to properly consider the theoretical implications of providing the good of criminal justice at the EU level. Written shortly before the recent entry into force of the Lisbon Treaty, EU Criminal Law and Justice comprises a full overview of the key legal developments and debates and includes a user-friendly guide to the institutional changes contained in the Treaty. This timely book will be of interest to both undergraduate and postgraduate students, as well as to legal practitioners and policy makers at national and EU levels.

Author: Ermioni Xanthopoulou
Publisher: Bloomsbury Publishing
ISBN: 1509922261
Category : Law
Languages : en
Pages : 249

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Book Description
This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights. After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment. It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels. The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis-à-vis mutual trust.

Author: Cecilia Rizcallah
Publisher:
ISBN: 9782802771968
Category :
Languages : en
Pages : 0

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Book Description
According to the Court of Justice of the European Union, the legal structure of the European Union: 'is based on the fundamental premiss that each Member State shares with all the other Member States, and recognises that they share with it, a set of common values on which the EU is founded, as stated in Article 2 TEU.' Fundamental rights, the rule of law and democracy occupy a central place among these common values. The Court holds that this premiss 'implies and justifies the existence of mutual trust between the Member States.' However, for several years, the European Union has been suffering from a crisis of values. This crisis stems from the undermining of the values on which the European Union is supposedly based. Yet, references to mutual trust between Member States has never been more prevalent in the official discourse. Like the adage 'there is never so much talk about water as in the desert,' is the rise in popularity of mutual trust symptomatic of the climate of mistrust between the Member States? This book centres around this question, raised by the success of the principle of mutual trust at a time when the context betrays fundamental divisions between the Member States regarding the meaning of European integration and the values on which it is based. To answer this question, the first part of the book seeks to clear the ground and to offer a cross-cutting definition of the principle of mutual trust in EU law, which applies both to internal market law and to the law of the area of freedom, security and justice. In this respect, the presumptive mechanism seems to offer the best description of the principle studied. The second part of the book analyses the apparently consubstantial link between this principle and the founding values of the EU. In that regard, it appears that the common set of values has an ambivalent relationship with the principle of mutual trust, being both its normative basis and its imperfect limit. The book closes with a third part analysing the essential role played by the principle of mutual trust in EU law at the intersection of the imperatives of unity, diversity and equality which drive European integration. Given the threats currently faced by the founding values of the EU, it argues in favour of moving mutual trust from the rank of postulate to that of method.

Author: Neil Walker
Publisher: Collected Courses of the Acade
ISBN:
Category : Law
Languages : en
Pages : 358

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Book Description
This collection brings together leading specialists in the areas of European Union law which are now organized under the Area of Freedom, Security and Justice (AFSJ).

Author: Chloé Brière
Publisher: Bloomsbury Publishing
ISBN: 1509917012
Category : Law
Languages : en
Pages : 472

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Book Description
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.

Author: Joanna Beata Banach-Gutierrez
Publisher: Routledge
ISBN: 1317427610
Category : Law
Languages : en
Pages : 261

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Book Description
The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.

Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 1509904166
Category : Law
Languages : en
Pages : 808

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Book Description
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.