Hardback
Research Handbook on EU Criminal Law
Second Edition
2nd edition
9781800886421 Edward Elgar Publishing
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.
More Information
Critical Acclaim
Contents
More Information
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.
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.
Critical Acclaim
‘This new edition provides an in-depth and detailed analysis of a wide range of current and essential topics in EU criminal law, with a focus on recent and future developments. Covering such diverse areas as the constitutional dimension, procedural and substantive law, but also the relationship with other areas of EU law and the external dimension, the book represents an important addition to literature on the topic.’
– Maria Ludwiczak Glassey, Université de Genève, Switzerland
‘This updated Research Handbook offers a very comprehensive and timely overview of EU criminal law – comprehensive because of its wide scope, covering new developments as well as relationships with other fields of law; and timely because in this day and age, security and justice undoubtedly constitute top priorities in the EU context.’
– Jannemieke Ouwerkerk, Leiden University, the Netherlands
‘This second edition provides students, scholars and practitioners with a unique, updated and multifaceted analysis of the current status of EU criminal law. The normative legitimacy of this area of law, the interplay between European and domestic legal frameworks, the pivotal role of courts in the implementation of fundamental rights, and the emerging dimension of enforcement agencies are some of the key issues that this Research Handbook brilliantly highlights.’
– Stefano Manacorda, The University of Campania Luigi Vanvitelli, Italy
‘The book covers in an outstanding way all relevant areas of European criminal law, from constitutional aspects to the criminalization of offences and the institutional setting. The analysis is most useful not only for the classroom and researchers but for anyone interested in EU law.’
– Lorena Bachmaier, Complutense University of Madrid, Spain
‘As a distinct policy area, EU criminal law endeavours to offer citizens protection against cross-border crime while maintaining fundamental rights of suspects and perpetrators. This updated and expanded Research Handbook deals comprehensively with aspects of EU criminal law that have come to affect the course of European integration progressively and profoundly. The 26 chapters have been prepared by leading experts in their respective academic fields. The Research Handbook offers important insights for scholars as well as practitioners in the field.’
– Jørn Vestergaard, University of Copenhagen, Denmark
– Maria Ludwiczak Glassey, Université de Genève, Switzerland
‘This updated Research Handbook offers a very comprehensive and timely overview of EU criminal law – comprehensive because of its wide scope, covering new developments as well as relationships with other fields of law; and timely because in this day and age, security and justice undoubtedly constitute top priorities in the EU context.’
– Jannemieke Ouwerkerk, Leiden University, the Netherlands
‘This second edition provides students, scholars and practitioners with a unique, updated and multifaceted analysis of the current status of EU criminal law. The normative legitimacy of this area of law, the interplay between European and domestic legal frameworks, the pivotal role of courts in the implementation of fundamental rights, and the emerging dimension of enforcement agencies are some of the key issues that this Research Handbook brilliantly highlights.’
– Stefano Manacorda, The University of Campania Luigi Vanvitelli, Italy
‘The book covers in an outstanding way all relevant areas of European criminal law, from constitutional aspects to the criminalization of offences and the institutional setting. The analysis is most useful not only for the classroom and researchers but for anyone interested in EU law.’
– Lorena Bachmaier, Complutense University of Madrid, Spain
‘As a distinct policy area, EU criminal law endeavours to offer citizens protection against cross-border crime while maintaining fundamental rights of suspects and perpetrators. This updated and expanded Research Handbook deals comprehensively with aspects of EU criminal law that have come to affect the course of European integration progressively and profoundly. The 26 chapters have been prepared by leading experts in their respective academic fields. The Research Handbook offers important insights for scholars as well as practitioners in the field.’
– Jørn Vestergaard, University of Copenhagen, Denmark
Contents
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
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
