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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Toward a Prosecutor for the European Union: Draft Rules of Procedure

Edited by: Katalin Ligeti

ISBN13: 9781849463157
To be Published: July 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £58.00



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, with the financial support of the EU Commission in 2010-2011, 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 24 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 which 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 presents a draft set of model rules for the procedure of the European Public Prosecutors' Office and continues with a set of comparative studies of the national legal systems which 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.

Subjects:
EU Law, Courts and Procedure
Contents:
Part III Comparative analysis of the national systems
1. Investigative measures and their procedural safeguards
i. Experts assistance and summoning and hearing of witnesses Eleonora Zielinska
ii. Access to relevant premises, summoning and hearing of the suspect and identification of the suspect Johannes Martenschlager
iii. Search and seizure, freezing of assets and production orders Martin Bose
iv. Arrest of the suspect and detention for questioning, pre-trial custodial detention Zlata Durdevic
v. Interception of postal communications and interception of content data, surveillance in public and private sphere Silvia Allegrezza / Andras Csuri
vi. Monitoring of telecommunication traffic data and of bank transactions Juliette Tricot / Adan Nieto
vii. Tracking and tracing of objects and persons, on-line search of computers Marianne Wade / Stefan Braum
viii. Infiltration, controlled deliveries, data mining and profiling Anne Weyembergh / Rosaria Sicurella
2. Prosecution measures and their procedural safeguards
i. Indictment and review by the national court - launching prosecution Silvia Allegrezza / Andras Csuri / Zlata Durdevic
ii. Forum choice and referral Martin Bose / Juliette Tricot
iii. Alternatives to launching prosecution Eleonora Zielinska / Marianne Wade
iv. Private prosecution Adan Nieto

Part IV Final report of the project European criminal procedures and rules of procedures for the European Public Prosecutor's Office Katalin Ligeti

Part V EU model rules for the procedure of the European Public Prosecutors' Office with explanatory notes

Part VI Regles modeles europeennes de procedure pour le Parquet europeen avec les notes explicatives