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The Needed Balances in EU Criminal Law

The Needed Balances in EU Criminal Law

Author: Chloe Briere; Anne Weyembergh
Publisher: Hart Publishing
ISBN: 9781509917006

Published In: December 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509937493

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Description
Contents

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This important collection 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 EU institutions.

Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, both from an internal perspective (approximation vs mutual recognition) and in the EU's external relations in criminal matters. 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 will be given here to terrorism.

Finally, it examines the importance of balanced relations between criminal justice actors, both at EU and national levels.

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

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?