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EU Criminal Justice: Fundamental Rights, Transnational Proceedings and the European Public Prosecutor's Office

EU Criminal Justice: Fundamental Rights, Transnational Proceedings and the European Public Prosecutor's Office

Author: Tommaso Rafaraci; Rosanna Belfiore
Publisher: Springer-Verlag
ISBN: 9783319973180
Published In: January 2019
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.

Part I Rights and Guarantees of Suspects and defendants in criminal proceedings: The EU directives and their impact on national laws: Andre Klip, Fair Trial Rights in the European Union: Reconciling Accused and Victims' Rights

Mitja Gialuz, The Implementation of the Directive on Linguistic Assistance in Italy, Between Changes to the Code of Criminal Procedure and Case-law Resistance

Daniele Negri, Awareness of One's Own Rights and Knowledge of the Accusation: The Implementation of the Directive on the Right to Information in Italy

Mar Jimeno Bulnes, The Right of Access to a Lawyer in the European Union: Directive 2013/48/EU and Its Implementation in Spain

Cristina Mauro, "Minimum" Procedural Rights in Judicial Cooperation Procedures

Part II Transnational criminal Investigations and Proceedings: Instruments of judicial cooperation in criminal matters: Fabrizio Siracusano, The European Investigation Order for Evidence Gathering Abroad

Gabriella Di Paolo, Freezing Evidence and Property: Already in Force Mutual Recognition among EU Member States

Lucia Parlato, Conflicts of Jurisdiction in Criminal Proceedings in Europe: Between Bis In Idem and Lis Pendens

Rosanna Belfiore, Joint Investigation Teams in the Italian Legislation implementing Framework Decision 2002/465/JHA

Francesco Testa, Judicial Cooperation System in the Fight against Transnational Organised Crime

Part III The establishment of the European Public prosecutor's office: steps forward versus national resistances: Tommaso Rafaraci, Brief Notes on the European Public Prosecutor's Office: Ideas, Project and Fulfilment

Marianne Wade, The European Public Prosecutor - Controversy Expressed in Structural Form

Francesca Ruggieri, Eurojust and the European Public Prosecutor's Office. Introduction to a Historic Reform

Martin Boese, Judicial Control of the European Public Prosecutor's Office

Ezechia Paolo Reale, Defence Areas and Limits in the Investigations of the European Public Prosecutor.