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EU Criminal Law

By: Valsamis Mitsilegas
Media of EU Criminal Law
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Published: 16-03-2009
Format: EPUB eBook (?)
Edition: 1st
Extent: 366
ISBN: 9781847317261
Imprint: Hart Publishing
Series: Modern Studies in European Law
RRP: £48.60
Online price: £34.02
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Loren Epson

About EU Criminal 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.

Table Of Contents

1 History, Principles and Institutions
2 Harmonisation and Competence
3 Mutual Recognition: Prosecution, Jurisdiction and Trust in an 'Area' of Freedom, Security and Justice
4 Bodies, Offices and Agencies
5 Databases: Reconfiguring the Relationship between Security and Privacy
6 The External Dimension
Conclusion: Is Criminal Law a Special Case in the EU Legal Order?

Reviews

“I recommend this book and wholeheartedly do so...” –  Sally Ramage, The Criminal Lawyer, Issue 191

“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-making

A 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 governance

Beyond 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.





” –  Sappho Xenakis, Global Crime, Volume 11, No. 1

“EU Criminal Law will remain relevant depsite impending constitutional changes and the rapid development of secondary legal instruments.” –  Samuli Miettinen, Journal of Common Market Studies, 2010, Volume 48, No.2

“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.” –  Christopher Harding, European Law Review, Volume 35

“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.

” –  Annegret Engel, International Criminal Law Review, Volume 10

“The information...is full and accurate, and ... difficult issues are examined in depth, and often critically.
Remarkable and welcome addition to the literature.
” –  John Spencer, Common Market Law Review, Volume 47

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