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Vol 25 No 2 Feb/March 2020

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The Needed Balances in EU Criminal Law: Past, Present and Future

Edited by: Chloé Brière, Anne Weyembergh

ISBN13: 9781509937493
To be Published: April 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2017)
Price: £45.00
Hardback edition , ISBN13 9781509917006



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.

Subjects:
Criminal Law, EU Law
Contents:
Part I: Introduction
1. Introduction by Vera Jourova, EU Commissioner for Justice, Consumers and Gender Equality
2. Introduction by Minister Koen Geens, Minister of Justice, Belgium
3. Introduction by Minister Félix Braz, Minister of Justice, Luxembourg
4. Introduction: About ECLAN and the Balances that Need to be Struck in EU Criminal Law by Chloé Brière and Anne Weyembergh (Editors)
Part II: The Quest for the Right Balance in the Institutional Design/Between the EU and the Member States and Between the EU Institutions
5. The Evolution of Competence Distribution Between the European Union and the Member States in the Criminal Field - Samuli Miettinen
6. 'The Evolution of Competence Distribution Between the EU and the Member States in the Criminal Field' (by Samuli Miettinen) - A (Short) Reaction - Pedro Caeiro
7. The Principle of Subsidiarity in EU Criminal Law - Irene Wieczorek
8. Challenges Facing the Academic Community: A Practitioner's Point of View in Reaction to Irene Wieczorek's Paper - Eugenio Selvaggi
9. Stepping into Uncharted Waters No More: The Court of Justice and EU Criminal Law - Adam Lazowski
10. The Evolution of the Relationship and Balance Between the Different EU Institutions - Emilio de Capitani
Part III: The Quest for the Right Balance Between Diversity and Unity
11. The Issue of Mutual Trust and the Needed Balance Between Diversity and Unity - Daniel Flore
12. The Sensitive Relationship Between the Different Means of Legal Integration: Mutual Recognition and Approximation - Annika Suominen
13. Mutual Recognition in EU Criminal Law and Fundamental Rights - The Necessity for a Sensitive Approach - Anže Erbežnik
Part IV: The Quest for the Right Balance Between Liberty and Security
14. The External Dimension of Mutual Trust: The Coming of Age of Transatlantic Counter-terrorism Cooperation - Valsamis Mitsilegas
15. The Role of the Data Protection Authorities in Supervising Police and Criminal Justice Authorities Processing Personal Data - Paul de Hert and Juraj Sajfert
16. 'Foreign Terrorist Fighters' - De-Radicalisation and Inclusion vs. Law Enforcement and Corrections in Denmark - Jørn Vestergaard
17. A New Hope? The Court of Justice Restores the Balance Between Fundamental Rights Protection and Enforcement Demands in the European Arrest Warrant System - Leandro Mancano
18. Mutual Recognition and Cross-Border Interception of Communications: The Way Ahead for the European Investigation Order - Lorena Bachmaier
Part V: The Quest for Balance Regarding Criminal Justice Actors and in Their Mutual Relations
19. A Comparison of the Evolution and Pace of Police and Judicial Cooperation in Criminal Matters: A Race Between Europol and Eurojust? - Sabine Gless and Thomas Wahl
20. The Cooperation Between Police and Justice at the EU Level: The Representative Example of Joint Investigation Teams - Anne Weyembergh, Inés Armada and Chloé Brière
21. The Draft Regulation on the Establishment of the European Public Prosecutor's Office-Issues of Balance Between the Prosecution and the Defence - Hans-Holger Herrnfeld
22. The Material Scope of Competence of the European Public Prosecutor's Office: Lex uncerta and unpraevia? - John A.E. Vervaele
Part VI: Conclusion
23. Afterword(s) on Mutual Recognition and the Respect for Fundamental Rights Revisited - Following the Judgment in Aranyosi and Caldararu - Judge Lars Bay Larsen

Series: Hart Studies in European Criminal Law

The Legitimacy of EU Criminal Law ISBN 9781509919741
To be published July 2020
Hart Publishing
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law ISBN 9781509934744
Published November 2019
Hart Publishing
Criminal Liability of Managers in Europe: Punishing Excessive Risk (eBook) ISBN 9781509914982
Published December 2018
Hart Publishing
£67.50
(ePub)
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White Collar Crime: A Comparative Perspective ISBN 9781509917891
Published April 2018
Hart Publishing
White Collar Crime: A Comparative Perspective (eBook) ISBN 9781509917907
Published April 2018
Hart Publishing
£90.00
(ePub)
Buy
£36.00
(ePub)
Buy
The Needed Balances in EU Criminal Law (eBook) ISBN 9781509917020
Published December 2017
Hart Publishing
£40.50
(ePub)
Buy
The Needed Balances in EU Criminal Law ISBN 9781509917006
Published December 2017
Hart Publishing
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law (eBook) ISBN 9781509903375
Published July 2017
Hart Publishing
£31.50
(ePub)
Buy
£36.00
(ePub)
Buy
£31.50
(ePub)
Buy