Hardback
Research Handbook on EU Criminal Law
EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies, and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals.
More Information
Critical Acclaim
Contributors
Contents
More Information
EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research.
With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals.
Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work
With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals.
Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work
Critical Acclaim
‘The Handbook offers an excellent in depth overview of a new field of research that affects freedoms and fundamental rights of citizens and the punitive powers of States. It also shows that EU criminal law is not only about powers of the EU, but also about the European dimension of national criminal justice systems in an integrated European area. The combination of substantive, procedural and institutional dimensions of EU criminal law is a real added value for researchers and practitioners.’
– J.A.E. Vervaele, Willem Pompe Institute for Criminal Sciences, Utrecht Centre for Regulation and Enforcement in Europe, the Netherlands
– J.A.E. Vervaele, Willem Pompe Institute for Criminal Sciences, Utrecht Centre for Regulation and Enforcement in Europe, the Netherlands
Contributors
Contributors: I. Armada, P. Asp, M. Bergström, P. Caeiro, I. Cameron, M. Coninsx, P. De Hert, E. Fahey, E. Fasoli, M. Fitzmaurice, M. Fletcher, F. Galli, S. Gless, J.A. Gutiérrez-Fons, C. Harding, E. Herlin-Karnell, J. Hodgson, S. Hufnagel, M. Kaiafa-Gbandi, A. Kargopoulos, T. Konstadinides, H. Labayle, A. Lazowski, K. Lenaerts, K. Ligeti, L. Marin, V. Mitsilegas, T. Obokata, R. Sicurella, N. Vavoula, A. Weyembergh
Contents
Contents:
1. The European Court of Justice and Fundamental Rights in the Field of Criminal Law
Koen Lenaerts and José A. Gutiérrez-Fons
PART I INSTITUTIONAL AND CONSTITUTIONAL FRAMEWORK OF EU CRIMINAL LAW
2. The Institutional Framework
Henri Labayle
3. EU Competence in Criminal Matters
Rosaria Sicurella
4. EU Criminal Law Flexibility: What Lessons from the UK Protocol 36 Saga?
Maria Fletcher
PART II THE HUMAN RIGHTS DIMENSION OF EU CRIMINAL LAW
5. EU Criminal Law and Fundamental Rights
Paul De Hert
6. Fundamental Rights, National Identity and EU Criminal law
Alexandros Kargopoulos
7. Mutual Recognition, Mutual Trust and Fundamental Rights After Lisbon
Valsamis Mitsilegas
8. Criminal Procedure in Europe’s Area of Freedom, Security and Justice: the Rights of the Suspect
Jacqueline Hodgson
9. The Principle of ne bis in idem in Europe’s Area of Freedom, Security and Justice
Anne Weyembergh and Inés Armada
10. The Fate of the Data Retention Directive: About Mass Surveillance and Fundamental Rights in the EU Legal Order
Luisa Marin
PART III RELATIONSHIP WITH OTHER FIELDS OF LAW
11. Is Administrative Law Still Relevant? How the Battle of Sanctions Has Shaped EU Criminal Law
Ester Herlin-Karnell
12. The Relationship between EU Criminal Law and Competition Law
Christopher Harding
13. The Relationship between EU Criminal Law and Environmental Law
Valsamis Mitsilegas, Malgosia Fitzmaurice and Elena Fasoli
14. The Interplay between EU Immigration Law and National Criminal Law – The Case of the Return Directive
Niovi Vavoula
15. European Criminal Law and National Criminal Law
Petter Asp
PART IV EU CRIMINAL OFFENCES
16. Money Laundering
Maria Bergström
17. Organised Crime
Saskia Hufnagel
18. Punishing Corruption in the Public and the Private Sector: Key Issues on Current EU Policy and Rule-of-Law Challenges
Maria Kaiafa-Gbandi
19. Terrorism
Francesca Galli
20. Evolution of the EU Action against Trafficking of Human Beings
Tom Obokata
PART V CRIMINAL JUSTICE AGENCIES IN EUROPE’S AREA OF FREEDOM, SECURITY AND JUSTICE
21. Eurojust
Michèle Coninsx
22. Europol
Sabine Gless
23. The European Public Prosecutor’s Office
Katalin Ligeti
PART VI THE EXTERNAL DIMENSION
24. EU Criminal Law and EU Enlargement
Adam Lazowski
25. Transatlantic Cooperation in Criminal Law
Elaine Fahey
26. EU Anti-terrorist Sanctions
Iain Cameron
27. EU Law and International Cooperation in Criminal Matters: A Tale of Legal Competence and Political Competency
Theodore Konstadinides
28. The Relationship between European and International Criminal Law (and the Absent (?) Third
Pedro Caeiro
Index
1. The European Court of Justice and Fundamental Rights in the Field of Criminal Law
Koen Lenaerts and José A. Gutiérrez-Fons
PART I INSTITUTIONAL AND CONSTITUTIONAL FRAMEWORK OF EU CRIMINAL LAW
2. The Institutional Framework
Henri Labayle
3. EU Competence in Criminal Matters
Rosaria Sicurella
4. EU Criminal Law Flexibility: What Lessons from the UK Protocol 36 Saga?
Maria Fletcher
PART II THE HUMAN RIGHTS DIMENSION OF EU CRIMINAL LAW
5. EU Criminal Law and Fundamental Rights
Paul De Hert
6. Fundamental Rights, National Identity and EU Criminal law
Alexandros Kargopoulos
7. Mutual Recognition, Mutual Trust and Fundamental Rights After Lisbon
Valsamis Mitsilegas
8. Criminal Procedure in Europe’s Area of Freedom, Security and Justice: the Rights of the Suspect
Jacqueline Hodgson
9. The Principle of ne bis in idem in Europe’s Area of Freedom, Security and Justice
Anne Weyembergh and Inés Armada
10. The Fate of the Data Retention Directive: About Mass Surveillance and Fundamental Rights in the EU Legal Order
Luisa Marin
PART III RELATIONSHIP WITH OTHER FIELDS OF LAW
11. Is Administrative Law Still Relevant? How the Battle of Sanctions Has Shaped EU Criminal Law
Ester Herlin-Karnell
12. The Relationship between EU Criminal Law and Competition Law
Christopher Harding
13. The Relationship between EU Criminal Law and Environmental Law
Valsamis Mitsilegas, Malgosia Fitzmaurice and Elena Fasoli
14. The Interplay between EU Immigration Law and National Criminal Law – The Case of the Return Directive
Niovi Vavoula
15. European Criminal Law and National Criminal Law
Petter Asp
PART IV EU CRIMINAL OFFENCES
16. Money Laundering
Maria Bergström
17. Organised Crime
Saskia Hufnagel
18. Punishing Corruption in the Public and the Private Sector: Key Issues on Current EU Policy and Rule-of-Law Challenges
Maria Kaiafa-Gbandi
19. Terrorism
Francesca Galli
20. Evolution of the EU Action against Trafficking of Human Beings
Tom Obokata
PART V CRIMINAL JUSTICE AGENCIES IN EUROPE’S AREA OF FREEDOM, SECURITY AND JUSTICE
21. Eurojust
Michèle Coninsx
22. Europol
Sabine Gless
23. The European Public Prosecutor’s Office
Katalin Ligeti
PART VI THE EXTERNAL DIMENSION
24. EU Criminal Law and EU Enlargement
Adam Lazowski
25. Transatlantic Cooperation in Criminal Law
Elaine Fahey
26. EU Anti-terrorist Sanctions
Iain Cameron
27. EU Law and International Cooperation in Criminal Matters: A Tale of Legal Competence and Political Competency
Theodore Konstadinides
28. The Relationship between European and International Criminal Law (and the Absent (?) Third
Pedro Caeiro
Index
