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EU Criminal Law: Modern Studies in European Law

Autor Valsamis Mitsilegas
en Limba Engleză Paperback – 18 oct 2023
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.
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Specificații

ISBN-13: 9781509957682
ISBN-10: 1509957685
Pagini: 808
Dimensiuni: 156 x 234 x 25 mm
Greutate: 1.1 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Modern Studies in European Law

Locul publicării:London, United Kingdom

Caracteristici

Updated and substantially expanded it offers invaluable insights into key tenets of the subject

Notă biografică

Valsamis Mitsilegas is Professor of European Criminal Law and Global Security at Queen Mary, University of London, United Kingdom.

Cuprins

1. History, Principles and Institutions: The Constitutionalisation of EU Criminal Law 2. Substantive Criminal Law: From Securitised to Functional Criminalisation 3. Ne Bis in Idem and Conflicts of Jurisdiction Valmasis Mitsilegas and Fabio Giuffrida4. Mutual Recognition and Mutual Trust 5. Legislating for Human Rights: The EU Legal Framework on the Rights of Individuals in Criminal Proceedings 6. The Place of the Victim in Europe's Area of Criminal Justice 7. The Uneasy Relationship between EU Criminal Law and Citizenship of the EU 8. Bodies, Offices and Agencies Valsamis Mitsilegas and Fabio Giuffrida9. Databases Valsamis Mitsilegas and Niovi Vavoula10. The EU and the Global Governance of Crime 11. The External Dimension of Mutual Trust: Transatlantic Counter-terrorism Cooperation 12. EU Criminal Law aft er Brexit

Recenzii

I recommend this book and wholeheartedly do so...
Although written more with legal and institutional audiences in mind, the book offers an instructive account for those approaching the study of crime that has a trans-national dimension from more criminological, sociological and political perspectives. An emphasis on intra-organisational and intra-legal history provides a unique and concentrated insight into the practical outcomes of more than a decade of efforts to enhance and expand co-operation against crime in Europe, and the treatment of the theme is undoubtedly enriched by author's 'insider' experience as an observer and adviser of policy-makingA refreshing antidote to the all-too-common literature on organised crime and terrorism that is laden with easy and incessant calls for greater co-operation between states but which demonstrates little concerted reflection upon its practical implications and potentially negative repercussions for other important areas of governanceBeyond the obvious value of this book as a clearly written, poised and thorough guide to the development of EU criminal law as well as the degrees of agreement, resistance and fudges that have emerged during the development of EU engagement in this area, its contribution to political and criminological enquiry may spring as much from the questions it poses to proponents of ever-greater co-operation in international crime fighting.
EU Criminal Law will remain relevant depsite impending constitutional changes and the rapid development of secondary legal instruments.
There is a good amount of valuable information and clear exposition, but also the subject matter is addressed critically and thematically...this book is a highly readable and clear exposition of what at the present time might pass as "EU criminal law": it will serve as both a valuable reference work and as a source for food for critical thought, and for any potential readers who labour under a misleading impression of the nature of "EU criminal law" (and there are probably many), reading this work will quickly correct such misapprehension.
The book should ... not be understood as a mere textbook; instead, it goes beyond such scope, being forward-looking in nature.The book ... makes a valuable contribution as regards the evaluation of EU criminal law matters...The author provides concrete examples to support his arguments in order to provide a better understanding of the rather difficult subject matter. The book is well written; the author's assumptions are convincing and seem logical... the book ... should be recommended to lawyers and practitioners in the field of criminal law as well as European law who are looking for a forward-looking analysis.
The information...is full and accurate, and ... difficult issues are examined in depth, and often critically.Remarkable and welcome addition to the literature.

Descriere

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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. This book examines: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law) * harmonization 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 the Office Europeen de Lutte Anti-Fraude/the European Anti-Fraud Office) * 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.