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Research Handbook on EU Criminal Law 2nd ed

Edited by: Valsamis Mitsilegas, Maria Bergström, Teresa Quintel

ISBN13: 9781800886421
Previous Edition ISBN: 9781783473304
To be Published: December 2024
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £250.00



This thoroughly revised second edition provides an advanced analysis of EU criminal law as a structurally and constitutionally distinct policy area and field of research. EU criminal law is one of the fastest evolving and most challenging fields of law and this Research Handbook contains new and substantially updated chapters to assess recent legislative developments and CJEU case law.

Bringing together a diverse array of leading experts, the Research Handbook delves into key topics such as the normative legitimacy of EU criminal law, e-Evidence Regulation and data protection, as well as the less visible effects of AI and mass surveillance. Engaging both theoretical and practical perspectives, the Research Handbook also surveys the external dimension of EU criminal law.

The Research Handbook on EU Criminal Law continues to be a fundamental resource for students and scholars of law, in particular EU criminal law, international law, procedural law and constitutional and administrative law. National and EU policymakers, as well as judges, defence lawyers and human rights lawyers, will similarly find the analysis of current legal action, combined with proposed solutions, useful to their work.

Subjects:
Criminal Law, European Jurisdictions
Contents:
1. EU criminal law: a research handbook 1
Maria Bergström, Valsamis Mitsilegas and Teresa Quintel
2. The Court of Justice of the European Union and fundamental rights in the field of criminal law 6
Koen Lenaerts and José A. Gutiérrez-Fons

PART I CONSTITUTIONAL DIMENSION
3. The normative legitimacy of EU criminal law: a focus on EU criminalisation 29
Irene Wieczorek
4. EU competence in criminal matters 60
Rosaria Sicurella
5. Mutual recognition, fundamental rights and the rule of law in Europe’s area of criminal justice 89
Valsamis Mitsilegas
6. Fundamental rights, national identity and EU criminal law: an update 107
Alexandros-Ioannis Kargopoulos

PART II PROCEDURAL AND FUNDAMENTAL RIGHTS DIMENSION
7. Criminal procedure in Europe’s Area of Freedom, Security and Justice: the rights of the suspect 134
Jacqueline Hodgson
8. The principle of ne bis in idem in Europe’s Area of Freedom, Security and Justice 161
Anne Weyembergh
9. Cross-border gathering of electronic evidence in the EU: toward more direct cooperation under the e-Evidence Regulation 183
Vanessa Franssen
10. Variety, velocity, and volume of personal data in criminal investigations and proceedings: the limits drawn by the purpose limitation and data minimization principles in Directive (EU) 2016/680 211
Paul De Hert and Juraj Sajfert
11. Once upon a time … Digital Rights Ireland: the never-ending saga of data retention in the EU 228
Luisa Marin and Sarah Tas

PART III RELATIONSHIP WITH OTHER FIELDS OF LAW
12. EU criminal law and its complicated relationship to the internal market 251
Ester Herlin-Karnell
13. The relationship between EU criminal law and environmental law 264
Grazia Maria Vagliasindi
14. The criminalisation of irregular migration under EU law: an evolving human-rights centred legal framework? 294
Niovi Vavoula

PART IV EU CRIMINAL OFFENCES AND SANCTIONS
15. Money laundering 320
Maria Bergström
16. Organized crime 341
Saskia Hufnagel
17. Punishing corruption in the public and the private sector: key issues on current EU policy and rule-of-law challenges 361
Maria Kaiafa-Gbandi and Athina Giannakoula
18. EU anti-terrorist sanctions 390
Iain Cameron

PART V CRIMINAL JUSTICE AGENCIES IN EUROPE’S AREA OF FREEDOM, SECURITY AND JUSTICE
19. Eurojust @ 20: a successful modernization of the agency? 407
Chloé Brière
20. Europol 427
Thomas Wahl
21. The European Public Prosecutor’s Office 460
Katalin Ligeti

PART VI THE EXTERNAL DIMENSION
22. EU criminal law and EU enlargement 492
Adam Łazowski
23. Criminal justice and security cooperation after Brexit 514
Valsamis Mitsilegas
24. Transatlantic cooperation in criminal law 538
Elaine Fahey
25. The relationship between European and international criminal law (and the absent (?) third) 554
Pedro Caeiro
26. The vital but limited external constitution of EU criminal law 576
Theodore Konstadinides