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The Principle of Mutual Trust in EU Criminal Law (eBook)

Auke Willems

ISBN13: 9781509924554
Published: February 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £38.69
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9781509924547
£100.00

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.

Subjects:
Criminal Law, EU Law, eBooks
Contents:
Introduction
1. The Topic of the Book: Mutual Trust in EU Criminal Law
2. The Main Objective: Demystifying the Principle of Mutual Trust in EU Criminal Law
3. Relevance
4. The Structure
5. Methodology
6. Scope and Delineation
1. What is Trust? A Social Science Perspective
1. Introduction
2. Towards a Body of Social Science Literature on Trust: Developing an Underdeveloped Term
3. Trust: We (Th ink We) Know it When We See it
4. Dissecting Trust: Risks and Interests as Key Aspects of Trust Relationships
5. Clarifying the Concept of Trust: More Specificity Please
6. Applying a Trust Framework to the EU Criminal Law Context
7. Conclusion
2. Institutional Architecture of EU Criminal Law: Mutual Recognition as the 'Cornerstone of Judicial Cooperation in Criminal Matters'
1. Introduction
2. Institutional Development of EU Cooperation in Criminal Matters: Four Eras
3. The Principles of Mutual Recognition and Mutual Trust in EU Law
4. Mutual Recognition: 'The Cornerstone of Judicial Cooperation in Criminal Matters'
5. Applying Mutual Recognition to EU Criminal Law
6. Conclusion
3. The 'Flagship' Mutual Recognition Instrument: The European Arrest Warrant and Trust Issues
1. Introduction
2. The European Arrest Warrant: A Revolution in Extradition?
3. The Success of the European Arrest Warrant: Mixed Messages
4. National Constitutional Challenges to the Validity of the European Arrest Warrant: Signals of Distrust?
5. Difficulties with the European Arrest Warrant in Practice: Trust Issues?
6. Conclusion
4. The Court of Justice of the European Union and the Evolution of Mutual Trust
1. Introduction
2. Establishing the Trust Presumption: The EU-Wide Application of ne bis in idem
3. The Validity of the European Arrest Warrant: Advocaten voor de Wereld
4. A Nationality Exception? Kozlowski, Wolzenburg and Lopez de Silva Jorge
5. The Relationship between Mutual Recognition and Mutual Trust under Examination in Mantello
6. The First Rebuttal of the Trust Presumption in NS and ME
7. A Human Rights Refusal Ground under the European Arrest Warrant Post-NS? Not Yet
8. Opinion 2/13: A Showcase of the Importance of (the Presumption of) Mutual Trust
9. A Change of Direction: Rebutting the Trust Presumption: Lanigan, Aranyosi and LM
10. Conclusion
5. Mutual Trust in the EU Criminal Law Discourse: From Confidence to Doubt
1. Introduction
2. First Articulation of the Presumption of Mutual Trust Following Tampere
3. Growing Doubts on the Validity of the Trust Presumption
4. A Direct Link between Enhancing Mutual Recognition and Trust: The Hague Programme
5. Building Trust as a Main Objective of the Stockholm Programme
6. Observing Fading Trust in Secondary Legislation: From the European Arrest Warrant to the European
Investigation Order
7. The 2020 Justice Agenda: Mutual Trust as the 'Bedrock upon which the EU Justice Policy should be Built'
8. Towards a More Abstract Notion of Trust: From One Commissioner to Another
9. Distilling the EU's 'Trust Logic': Is there One?
10. Conclusion
6. The Trust-Building Policy: An Orchestrated Effort or A Patchwork of Measures?
1. Introduction
2. The Relationship between Mutual Recognition and Harmonisation
3. Legal Trust-Building: Harmonisation of Substantive Criminal Law
4. Legal Trust-Building: Approximation of Procedural Rights
5. Non-Legal and Soft Law Means of Trust Building
6. Building Trust Th rough Agencies: From Eurojust to a European Public Prosecutor
7. Conclusion
7. Critical Development of the Principle of Mutual Trust: A Work in Progress
1. Introduction
2. Mutual Recognition and Trust Academic Literature: Questioning the EU's Trust Presumption
3. Efforts in Academic Literature to Clarify the Principle of Mutual Trust
4. Wide(r) Relevance of Mutual Trust
5. Invitations for Further Conceptual Development of the Principle of Mutual Trust
6. Conclusion
8. A Transatlantic Perspective: Trust Lessons from a Federal Context
1. Introduction
2. Why Look at the US?
3. The American Decentralised Criminal Justice System
4. Modalities of Criminal Law Cooperation in the US
5. What Lessons for EU Trust-Based Cooperation?
6. Value of US Experience: Harmony and Unity as Drivers of Trust
7. Conclusion
9. Unpacking the Principle of Mutual Trust: Five Building Blocks
1. Introduction
2. Building Block 1: A European Criminal Law Culture
3. Building Block 2: The 'Europeanisation' of Fair Trial Rights
4. Building Block 3: Equivalent, but not Identical
5. Building Block 4: Reciprocity, Although not Explicitly
6. Building Block 5: The Loyalty Principle. What Kind of Loyalty in EU Criminal Law?
7. Conclusion
10. A Forward-Looking Assessment of Mutual Trust Challenges
1. Introduction
2. The Logic of Trust Building: How is it Supposed to Work?
3. Recommendation 1: Change the Perspective from Formal to Substantive Trust
4. Recommendation 2: Address Fundamental Rights Concerns by Implementing EU Fair Trial Rights
5. Recommendation 3: Non-Legal Trust-Building. The Need for Accurate Information, Monitoring, Evaluation, Education and Training
6. Conclusion
Conclusion
1. The Multidimensional Principle of Mutual Trust in EU Criminal Law
2. Mutual Trust: Balancing Divergent Interests in EU Criminal Law
3. A Social Science Inspired Perspective on Trust
4. From Presuming to Rebutting: The Evolution of Mutual Trust
5. The US Comparative Perspective: Lessons from Federal Interstate Cooperation
6. The Substance of the Principle of Mutual Trust in EU Criminal Law
7. A Look at the Future: How to Improve Mutual Trust?
8. Continuing Research on Mutual Trust

Series: Hart Studies in European Criminal Law

Cover of Criminal Law and Labour Exploitation
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Cover of The European Arrest Warrant at Twenty: Coming of Age>
The European Arrest Warrant at Twenty: Coming of Age>
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Cover of The Political Constitution of EU Criminal Law: Choices of Legal Basis and Their Consequences in the New Constitutional Framework
The Political Constitution of EU Criminal Law: Choices of Legal Basis and Their Consequences in the New Constitutional Framework
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Cover of EU Fair Trial Rights in Criminal Proceedings
EU Fair Trial Rights in Criminal Proceedings
Edited by: Silvia Allegrezza, Valentina Covolo
ISBN 9781509938643
To be published May 2028
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£100.00
Cover of UK-EU Police and Judicial Cooperation Post-Brexit: Implementing the Trade and Cooperation Agreement
UK-EU Police and Judicial Cooperation Post-Brexit: Implementing the Trade and Cooperation Agreement
Edited by: Gemma Davies, Helena Carrapico
ISBN 9781509966530
Published January 2027
Hart Publishing
Price on Application
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ISBN 9781509996384
To be published January 2027
Hart Publishing
£90.00
Resolving Legal Conflicts Between Data Access Investigative Measures and Data Protection Law in the EU
Juraj Sajfert
ISBN 9781509984794
To be published December 2026
Hart Publishing
£90.00
Cover of Proportionality of Criminal Offences and Penalties in EU Law: A Hybrid Principle
Proportionality of Criminal Offences and Penalties in EU Law: A Hybrid Principle
Lorenzo Grossio
ISBN 9781509984787
To be published December 2026
Hart Publishing
£44.99
Cover of EU Anti-Money Laundering, Digital Currencies and Privacy
EU Anti-Money Laundering, Digital Currencies and Privacy
Andreas Karapatakis
ISBN 9781509982776
To be published August 2026
Hart Publishing
£90.00
Cover of Proportionality of Criminal Penalties in EU Law
Proportionality of Criminal Penalties in EU Law
Edited by: Lorenzo Grossio, Stefano Montaldo, Valsamis Mitsilegas
ISBN 9781509974191
To be published August 2026
Hart Publishing
£44.99
Cover of Admissibility of Evidence in EU Cross-Border Criminal Proceedings: Electronic Evidence, Efficiency and Fair Trial Rights
Admissibility of Evidence in EU Cross-Border Criminal Proceedings: Electronic Evidence, Efficiency and Fair Trial Rights
Edited by: Lorena Bachmaier Winter, Farsam Salimi
ISBN 9781509972036
Published December 2025
Hart Publishing
£41.99
Cover of UK-EU Police and Judicial Cooperation Post-Brexit: Implementing the Trade and Cooperation Agreement
UK-EU Police and Judicial Cooperation Post-Brexit: Implementing the Trade and Cooperation Agreement
Edited by: Gemma Davies, Helena Carrapico
ISBN 9781509966448
Published July 2025
Hart Publishing
£100.00
Cover of Proportionality of Criminal Offences and Penalties in EU Law: A Hybrid Principle
Proportionality of Criminal Offences and Penalties in EU Law: A Hybrid Principle
Lorenzo Grossio
ISBN 9781509984749
Published June 2025
Hart Publishing
£90.00
Cover of Proportionality of Criminal Offences and Penalties in EU Law: A Hybrid Principle (eBook)
Proportionality of Criminal Offences and Penalties in EU Law: A Hybrid Principle (eBook)
Lorenzo Grossio
ISBN 9781509984756
Published June 2025
Hart Publishing
£81.00

Due to a technical issue some ebooks are not available to order.

Cover of Corporations and the Privilege Against Self-Incrimination
Corporations and the Privilege Against Self-Incrimination
Stijn LamberigtsEubelius Belgium, Valsamis MitsilegasUniversity of Liverpool UK, Katalin LigetiUniversity of Luxembourg, Anne WeyemberghUniversite Libre de Bruxelles
ISBN 9781509953356
Published July 2024
Hart Publishing
£42.99
Cover of Admissibility of Evidence in EU Cross-Border Criminal Proceedings: Electronic Evidence, Efficiency and Fair Trial Rights
Admissibility of Evidence in EU Cross-Border Criminal Proceedings: Electronic Evidence, Efficiency and Fair Trial Rights
Edited by: Lorena Bachmaier Winter, Farsam Salimi
ISBN 9781509971992
Published June 2024
Hart Publishing
£90.00
Cover of Admissibility of Evidence in EU Cross-Border Criminal Proceedings: Electronic Evidence, Efficiency and Fair Trial Rights (eBook)
Admissibility of Evidence in EU Cross-Border Criminal Proceedings: Electronic Evidence, Efficiency and Fair Trial Rights (eBook)
Edited by: Lorena Bachmaier Winter, Farsam Salimi
ISBN 9781509972005
Published June 2024
Hart Publishing
£37.79

Due to a technical issue some ebooks are not available to order.

Cover of Criminal and Quasi-criminal Enforcement Mechanisms in Europe: Origins, Concepts, Future
Criminal and Quasi-criminal Enforcement Mechanisms in Europe: Origins, Concepts, Future
Edited by: Vanessa Franssen, Christopher Harding
ISBN 9781509957262
Published June 2023
Hart Publishing
£49.99
Cover of EU Enforcement Authorities: Punitive Law Enforcement in a Composite Legal Order (eBook)
EU Enforcement Authorities: Punitive Law Enforcement in a Composite Legal Order (eBook)
Edited by: Michiel Luchtman, Katalin Ligeti, John Vervaele
ISBN 9781509946471
Published February 2023
Hart Publishing
£44.99

Due to a technical issue some ebooks are not available to order.

Cover of EU Enforcement Authorities: Punitive Law Enforcement in a Composite Legal Order
EU Enforcement Authorities: Punitive Law Enforcement in a Composite Legal Order
Edited by: Michiel Luchtman, Katalin Ligeti, John Vervaele
ISBN 9781509946464
Published February 2023
Hart Publishing
£95.00
Cover of Corporations and the Privilege against Self-Incrimination
Corporations and the Privilege against Self-Incrimination
Stijn Lamberigts
ISBN 9781509953318
Published December 2022
Hart Publishing
£90.00
Cover of Corporations and the Privilege against Self-Incrimination (eBook)
Corporations and the Privilege against Self-Incrimination (eBook)
Stijn Lamberigts
ISBN 9781509953325
Published December 2022
Hart Publishing
£38.69

Due to a technical issue some ebooks are not available to order.

Cover of Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives
Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives
Edited by: Valsamis Mitsilegas, Niovi Vavoula
ISBN 9781509946617
Published November 2022
Hart Publishing
£43.99
Cover of Controlling Immigration Through Criminal Law: European and Comparative Perspectives on "Crimmigration"
Controlling Immigration Through Criminal Law: European and Comparative Perspectives on "Crimmigration"
Edited by: Gian Luigi Gatta, Valsamis Mitsilegas, Stefano Zirulia
ISBN 9781509942756
Published July 2022
Hart Publishing
£43.99
Cover of The Fight Against Impunity in EU Law
The Fight Against Impunity in EU Law
Luisa Marin, Stefano Montaldo
ISBN 9781509945610
Published June 2022
Hart Publishing
£43.99
Cover of Criminal and Quasi-criminal Enforcement Mechanisms in Europe: Origins, Concepts, Future
Criminal and Quasi-criminal Enforcement Mechanisms in Europe: Origins, Concepts, Future
Edited by: Vanessa Franssen, Christopher Harding
ISBN 9781509932863
Published February 2022
Hart Publishing
£110.00
Cover of Criminal and Quasi-criminal Enforcement Mechanisms in Europe: Origins, Concepts, Future (eBook)
Criminal and Quasi-criminal Enforcement Mechanisms in Europe: Origins, Concepts, Future (eBook)
Edited by: Vanessa Franssen, Christopher Harding
ISBN 9781509932870
Published February 2022
Hart Publishing
£44.99

Due to a technical issue some ebooks are not available to order.

Cover of The Legitimacy of EU Criminal Law
The Legitimacy of EU Criminal Law
Irene Wieczorek
ISBN 9781509944392
Published January 2022
Hart Publishing
£38.99
Cover of Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives (eBook)
Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives (eBook)
Edited by: Valsamis Mitsilegas, Niovi Vavoula
ISBN 9781509925186
Published May 2021
Hart Publishing
£39.59

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Cover of Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives
Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives
Edited by: Valsamis Mitsilegas, Niovi Vavoula
ISBN 9781509925179
Published May 2021
Hart Publishing
£100.00
Cover of Criminal Liability of Managers in Europe: Punishing Excessive Risk
Criminal Liability of Managers in Europe: Punishing Excessive Risk
Stanislaw Tosza
ISBN 9781509944958
Published February 2021
Hart Publishing
£41.99
Cover of The Principle of Mutual Trust in EU Criminal Law
The Principle of Mutual Trust in EU Criminal Law
Auke Willems
ISBN 9781509924547
Published February 2021
Hart Publishing
£100.00
Cover of Controlling Immigration Through Criminal Law: European and Comparative Perspectives on "Crimmigration" (eBook)
Controlling Immigration Through Criminal Law: European and Comparative Perspectives on "Crimmigration" (eBook)
Edited by: Valsamis Mitsilegas Stefano Zirulia Gian Luigi Gatta
ISBN 9781509933938
Published January 2021
Hart Publishing
£39.59

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Cover of Controlling Immigration Through Criminal Law: European and Comparative Perspectives on "Crimmigration"
Controlling Immigration Through Criminal Law: European and Comparative Perspectives on "Crimmigration"
Edited by: Valsamis Mitsilegas Stefano Zirulia Gian Luigi Gatta
ISBN 9781509933921
Published January 2021
Hart Publishing
£100.00
Cover of The European Union and Deprivation of Liberty: A Legislative and Judicial Analysis from the Perspective of the Individual
The European Union and Deprivation of Liberty: A Legislative and Judicial Analysis from the Perspective of the Individual
Dr. Leandro Mancano
ISBN 9781509945764
Published December 2020
Hart Publishing
£39.99
Cover of The Fight Against Impunity in EU Law
The Fight Against Impunity in EU Law
Luisa Marin, Stefano Montaldo
ISBN 9781509926879
Published November 2020
Hart Publishing
£110.00
Cover of The Fight Against Impunity in EU Law (eBook)
The Fight Against Impunity in EU Law (eBook)
Luisa Marin, Stefano Montaldo
ISBN 9781509926886
Published November 2020
Hart Publishing
£39.59

Due to a technical issue some ebooks are not available to order.

Cover of The Legitimacy of EU Criminal Law (eBook)
The Legitimacy of EU Criminal Law (eBook)
Irene Wieczorek
ISBN 9781509919758
Published July 2020
Hart Publishing
£35.09

Due to a technical issue some ebooks are not available to order.

Cover of The Legitimacy of EU Criminal Law
The Legitimacy of EU Criminal Law
Irene Wieczorek
ISBN 9781509919741
Published July 2020
Hart Publishing
£100.00
Cover of Redefining Organised Crime: A Challenge for the European Union?
Redefining Organised Crime: A Challenge for the European Union?
Edited by: Stefania Carnevale, Serena Forlati, Orsetta Giolo
ISBN 9781509937691
Published April 2020
Hart Publishing
£49.99
Cover of The Needed Balances in EU Criminal Law: Past, Present and Future
The Needed Balances in EU Criminal Law: Past, Present and Future
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Published April 2020
Hart Publishing
£69.99
Cover of Limits to EU Powers: A Case Study of EU Regulatory Criminal Law
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law
Jacob Öberg
ISBN 9781509934744
Published November 2019
Hart Publishing
£41.99
Cover of Chasing Criminal Money: Challenges and Perspectives on Asset Recovery in the EU
Chasing Criminal Money: Challenges and Perspectives on Asset Recovery in the EU
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ISBN 9781509931293
Published August 2019
Hart Publishing
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Cover of Challenges in the Field of Economic and Financial Crime in Europe and the US
Challenges in the Field of Economic and Financial Crime in Europe and the US
Edited by: Katalin Ligeti, Vanessa Franssen
ISBN 9781509930128
Published July 2019
Hart Publishing
£41.99
Cover of The European Union and Deprivation of Liberty: A Legislative and Judicial Analysis from the Perspective of the Individual (eBook)
The European Union and Deprivation of Liberty: A Legislative and Judicial Analysis from the Perspective of the Individual (eBook)
Leandro Mancano
ISBN 9781509908097
Published May 2019
Hart Publishing
£35.99

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Cover of The European Union and Deprivation of Liberty: A Legislative and Judicial Analysis from the Perspective of the Individual
The European Union and Deprivation of Liberty: A Legislative and Judicial Analysis from the Perspective of the Individual
Leandro Mancano
ISBN 9781509908080
Published May 2019
Hart Publishing
£95.00
Cover of Criminal Liability of Managers in Europe: Punishing Excessive Risk
Criminal Liability of Managers in Europe: Punishing Excessive Risk
Stanislaw Tosza
ISBN 9781509914975
Published December 2018
Hart Publishing
£100.00
Cover of Criminal Liability of Managers in Europe: Punishing Excessive Risk (eBook)
Criminal Liability of Managers in Europe: Punishing Excessive Risk (eBook)
Stanislaw Tosza
ISBN 9781509914982
Published December 2018
Hart Publishing
£37.79

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Cover of White Collar Crime: A Comparative Perspective
White Collar Crime: A Comparative Perspective
Katalin Ligeti
ISBN 9781509917891
Published November 2018
Hart Publishing
£140.00
Cover of White Collar Crime: A Comparative Perspective (eBook)
White Collar Crime: A Comparative Perspective (eBook)
Katalin Ligeti
ISBN 9781509917907
Published November 2018
Hart Publishing
£126.00

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Cover of EU Criminal Law after Lisbon: Rights, Trust and the Transformation of Justice in Europe
EU Criminal Law after Lisbon: Rights, Trust and the Transformation of Justice in Europe
Valsamis Mitsilegas
ISBN 9781509924769
Published October 2018
Hart Publishing
£31.99
Cover of Redefining Organized Crime: A Challenge for the European Union?
Redefining Organized Crime: A Challenge for the European Union?
Edited by: Stefania Carnevale, Serena Forlati, Orsetta Giolo
ISBN 9781509904709
Published December 2017
Hart Publishing
£110.00
Cover of The Needed Balances in EU Criminal Law
The Needed Balances in EU Criminal Law
Chloe Briere, Anne Weyembergh
ISBN 9781509917006
Published December 2017
Hart Publishing
£140.00
Cover of The Needed Balances in EU Criminal Law (eBook)
The Needed Balances in EU Criminal Law (eBook)
Chloe Briere, Anne Weyembergh
ISBN 9781509917020
Published December 2017
Hart Publishing
£62.99

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Cover of Redefining Organized Crime: A Challenge for the European Union? (eBook)
Redefining Organized Crime: A Challenge for the European Union? (eBook)
Edited by: Stefania Carnevale, Serena Forlati, Orsetta Giolo
ISBN 9781509904716
Published December 2017
Hart Publishing
£44.99

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Cover of Limits to EU Powers: A Case Study of EU Regulatory Criminal Law
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law
Jacob Oberg
ISBN 9781509903351
Published July 2017
Hart Publishing
£100.00
Cover of Limits to EU Powers: A Case Study of EU Regulatory Criminal Law (eBook)
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law (eBook)
Jacob Oberg
ISBN 9781509903375
Published July 2017
Hart Publishing
£37.79

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Cover of Chasing Criminal Money: Challenges and Perspectives on Asset Recovery in the EU (eBook)
Chasing Criminal Money: Challenges and Perspectives on Asset Recovery in the EU (eBook)
Katalin Ligeti
ISBN 9781509912063
Published April 2017
Hart Publishing
£44.99

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Cover of Chasing Criminal Money: Challenges and Perspectives on Asset Recovery in the EU
Chasing Criminal Money: Challenges and Perspectives on Asset Recovery in the EU
Katalin Ligeti
ISBN 9781509912070
Published April 2017
Hart Publishing
£110.00
Cover of Challenges in the Field of Economic and Financial Crime in Europe and the US (eBook)
Challenges in the Field of Economic and Financial Crime in Europe and the US (eBook)
Edited by: Katalin Ligeti, Vanessa Franssen
ISBN 9781509908059
Published February 2017
Hart Publishing
£37.79

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Cover of Challenges in the Field of Economic and Financial Crime in Europe and the US
Challenges in the Field of Economic and Financial Crime in Europe and the US
Edited by: Katalin Ligeti, Vanessa Franssen
ISBN 9781509908035
Published February 2017
Hart Publishing
£100.00
Cover of EU Criminal Law after Lisbon: Rights, Trust and the Transformation of Justice in Europe (eBook)
EU Criminal Law after Lisbon: Rights, Trust and the Transformation of Justice in Europe (eBook)
Valsamis Mitsilegas
ISBN 9781782259886
Published June 2016
Hart Publishing
£28.79

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Cover of EU Criminal Law after Lisbon: Rights, Trust and the Transformation of Justice in Europe
EU Criminal Law after Lisbon: Rights, Trust and the Transformation of Justice in Europe
Valsamis Mitsilegas
ISBN 9781849466486
Published June 2016
Hart Publishing
£85.00