Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe

Author: Ángeles Gutiérrez Zarza

Publisher: Springer

ISBN: 3642402917

Category: Law

Page: 491

View: 8547

In the past 10 years, the Member States of the European Union (EU) have intensified their exchange of information for the purposes of preventing and combating serious cross-border crime, as manifested in three main aspects. Firstly, there is a need to ensure the practical application of innovative principles (availability, mutual recognition) and concepts (Information Management Strategy, European Information Exchange Model) for tackling criminal organisations and networks that threaten the Internal Security of the EU. Secondly, there has been a gradual consolidation of EU agencies and bodies (Eurojust, Europol) aimed at promoting cooperation and dialogue among law enforcement officials and judicial authorities responsible for preventing and combating drug trafficking, trafficking in human beings, child pornography, and other serious trans-national offences. Thirdly, important EU information systems and databases (Prüm, SIS-II, ECRIS) have been created, enabling law enforcement and judicial authorities to gain access to essential information on criminal phenomena and organisations. Pursuing a practice-orientated approach, this work provides comprehensive coverage of all these measures, as well as the applicable rules governing data quality, data protection and data security. It is especially intended for law enforcement and judicial authorities who need to develop the appropriate expertise for the practical application of the above-mentioned principles. It also offers a solid basis of practical training material for police training centres and judicial schools.
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Global Data Protection in the Field of Law Enforcement

An EU Perspective

Author: Cristina Blasi Casagran

Publisher: Routledge

ISBN: 1317223276

Category: Law

Page: 244

View: 7315

This study examines a key aspect of regulatory policy in the field of data protection, namely the frameworks governing the sharing of data for law enforcement purposes, both within the EU and between the EU and the US and other third party countries. The work features a thorough analysis of the main data-sharing instruments that have been used by law enforcement agencies and the intelligence services in the EU and in the US between 2001 to 2015. The study also explores the challenges to data protection which the current frameworks create, and explores the possible responses to those challenges at both EU and global levels. In offering a full overview of the current EU data-sharing instruments and their data protection rules, this book will be of significant benefit to scholars and policymakers working in areas related to privacy, data protection, national security and EU external relations.
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Availability of Law Enforcement Information in the European Union

Between Mutual Recognition and Equivalent Right of Access

Author: Gert Vermeulen

Publisher: Maklu

ISBN: 9789046600054

Category: Law

Page: 110

View: 5218

This book presents the results of a study on the availability of law enforcement information in the EU, conducted for the European Commission. In order to strengthen the area of freedom, security and justice, the November 2004 Hague Programme called for an innovative approach towards cross-borderexchange of law enforcement relevant information. The principle introduced in this respect is that of availability of such information for law enforcement services throughout the EU, rendering the border-crossing of it largely irrelevant. The book contains two proposals. The first seeks to improve the cross-border exchange of law enforcement relevant information through the introduction of the principle of mutual recognition of 'pre-evidence warrants' as a primary way for implementing the availability concept. The second proposal offers a blueprint for a European Law Enforcement Services Index System (ELESIS), as an indispensable tool for supporting the availability of law enforcement relevant information throughout the EU. Both proposals take due account of extensive feedback received from experts involved in cross-border exchange of law enforcement information as well as from civil liberties organisations and data protection specialists. In addition, the responses of member states to relevant official questionnaires were collected and included. This book is essential reading for policy makers, judicial and law enforcement authorities throughout the European Union or from a broader international context. It will be appealing also to researchers and anyone involved or taking an interest in combating (cross-border) crime at a European or international level.
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Prèm

an effective weapon against terrorism and crime, report with evidence, 18th report of session 2006-07

Author: Great Britain: Parliament: House of Lords: European Union Committee

Publisher: The Stationery Office

ISBN: 9780104010617

Category: Law

Page: 98

View: 4946

The Prèm Treaty is an initiative by seven Member States to enhance cooperation in combating terrorism and serious cross-border crime. There is a move to incorporate it into EU law. As it can only be adopted unanimously, the Government is in a strong negotiating position and has already obtained agreement to delete a provision on "hot pursuit". The Committee recommend that they should also seek agreement on the estimated cost of incorporating the provisions. The Prèm Treaty is mainly concerned with the exchange of data, which raises questions of data protection. It is an opportunity to link the fight against crime with agreement on a Data Protection Framework Decision. This report looks at both the Prèm initiative and other related proposal that are genuine EU initiatives.
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Harmonization of Criminal Law in Europe

Author: Erling Johannes Husabø,Asbjørn Strandbakken

Publisher: Intersentia nv

ISBN: 905095474X

Category: Law

Page: 157

View: 7433

In articles by legal scholars from six countries, the ongoing harmonization of criminal law in Europe is analysed from different perspectives. Through an examination of the rapid progress in European Union Law in this area, both the harmonization of substantial criminal law provisions and criminal penalties is shed light on. The development in criminal law cooperation is also accentuated, especially the breakthrough of the principle of mutual recognition and the proposal to establish a European Prosecutor. Special attention is given to the Schengen Agreement, the role of Europol and the more general influence of the harmonizing processes on European states remaining outside the EU. Conclusively, the challenges presented by a transnational criminal procedure to the preservation of human rights, are examined. The articles are based on lectures given at a colloquium in Bergen (Norway).
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Thirty-seventh Report of Session 2003-04

Documents Considered by the Committee on 17 November 2004, Including, Global Satellite Navigation System; Procedure for the Adoption of Measures Relating to Visas, Asylum and Immigration; European Defence Equipment Market, Report, Together with Formal Minutes

Author: Great Britain Parliament - European Scrutiny Committee

Publisher: The Stationery Office

ISBN: 9780215020673

Category:

Page: 76

View: 6547

Thirty-seventh report of Session 2003-04 : Documents considered by the Committee on 17 November 2004, including, global satellite navigation system; procedure for the adoption of measures relating to visas, asylum and immigration; European defence equipme
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EU Criminal Law

Author: Valsamis Mitsilegas

Publisher: Bloomsbury Publishing

ISBN: 184731726X

Category: Law

Page: 366

View: 2962

EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.
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Prospects for the EU in 2005

Author: Great Britain. Foreign and Commonwealth Office

Publisher: The Stationery Office

ISBN: 9780101645027

Category: Political Science

Page: 42

View: 5694

This White Paper, part of a series dealing with European Union affairs, contains details of forthcoming EU activities during the course of 2005, the first full year of the enlarged Union of 25 member states. The document is divided into three parts relating to: institutional issues and enlargement, including the UK's forthcoming presidency, continuing work by member states to ratify the EU Constitutional Treaty, and the work of the Commission and the European Parliament; internal issues including discussions on EU spending over the financial period 2007-2013, expansion of the services sector, sustainable development and the environment, and counter-terrorism measures; and external issues including foreign policy, trade and international development issues. Annexes give details of the timetable of 2005 Council meetings and milestones of the Dutch presidency in the second half of 2004.
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Handling and Exchanging Electronic Evidence Across Europe

Author: Maria Angela Biasiotti,Jeanne Pia Mifsud Bonnici,Joe Cannataci,Fabrizio Turchi

Publisher: Springer

ISBN: 3319748726

Category: Law

Page: 420

View: 8101

This volume offers a general overview on the handling and regulating electronic evidence in Europe, presenting a standard for the exchange process. Chapters explore the nature of electronic evidence and readers will learn of the challenges involved in upholding the necessary standards and maintaining the integrity of information. Challenges particularly occur when European Union member states collaborate and evidence is exchanged, as may be the case when solving a cybercrime. One such challenge is that the variety of possible evidences is so wide that potentially anything may become the evidence of a crime. Moreover, the introduction and the extensive use of information and communications technology (ICT) has generated new forms of crimes or new ways of perpetrating them, as well as a new type of evidence. Contributing authors examine the legal framework in place in various EU member states when dealing with electronic evidence, with prominence given to data protection and privacy issues. Readers may learn about the state of the art tools and standards utilized for treating and exchanging evidence, and existing platforms and environments run by different Law Enforcement Agencies (LEAs) at local and central level. Readers will also discover the operational point of view of LEAs when dealing with electronic evidence, and their requirements and expectations for the future. Finally, readers may consider a proposal for realizing a unique legal framework for governing in a uniform and aligned way the treatment and cross border exchange of electronic evidence in Europe. The use, collection and exchange of electronic evidence in the European Union context and the rules, practises, operational guidelines, standards and tools utilized by LEAs, judges, Public prosecutors and other relevant stakeholders are all covered in this comprehensive work. It will appeal to researchers in both law and computer science, as well as those with an interest in privacy, digital forensics, electronic evidence, legal frameworks and law enforcement.
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EU Counter-Terrorism Law

Pre-Emption and the Rule of Law

Author: Cian C Murphy

Publisher: Bloomsbury Publishing

ISBN: 1847319602

Category: Law

Page: 274

View: 3245

EU Counter-Terrorism Law: Pre-emption and the Rule of Law is a detailed study of EU action to combat terrorism since 11 September 2001 and the implications that action has had for the EU legal order. It critically examines EU counter-terrorism measures to ascertain how rule of law principles have been affected in the 'war on terror'. The book opens with a critical examination of the rule of law in the EU legal order. It then provides an overview of the "war on terror?? before analysing five key facets of EU counter-terrorism: the common European definition of terrorism along with related offences contained in the Framework Decision on Combating Terrorism; the EU's anti-money laundering and counter-terrorist finance laws; UN and EU targeted asset-freezing sanctions; EU data retention measures such as the Data Retention Directive and the Passenger Name Records agreements; and the European Arrest Warrant and European Evidence Warrant. The book argues that EU counter-terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual autonomy. It concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme. 'an impressively accurate and alarming analysis' Ms Sophia In 't Veld MEP and Vice-Chair of the European Parliament Committee on Civil Liberties, Justice and Home Affairs 2ND Prize winner of the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship 2013
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EU Competition Law, the Consumer Interest and Data Protection

The Exchange of Consumer Information in the Retail Financial Sector

Author: Federico Ferretti

Publisher: Springer

ISBN: 3319089064

Category: Law

Page: 127

View: 7617

The legitimacy or illegitimacy of information exchanges between competitors remains a topical debate with regard to EU competition law and policy. This book reexamines the issue in the retail financial services sector, focusing on the peculiar problems that it poses for EU market integration, consumer policy and protection and the intersection with fundamental rights. It analyzes and reflects on the relevant case law and guidelines offered by the corresponding European authorities, providing a critique of the current approach and advancing the proposition that information markets themselves need attention, in addition to the markets that they serve. The book also advances new perspectives on cases in which consumers’ personal information is involved in the exchange, recognizing the inevitable interaction between EU competition law, the interests and protection of consumers and personal data protection. It suggests that the status quo under competition law is unsatisfactorily short sighted and that the EU should take a holistic approach (including information markets) to the analysis of competition law, reflecting consumer protection and fundamental rights aspects in the assessment.
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Data Protection and Privacy

Jurisdictional Comparisons

Author: N.A

Publisher: Sweet & Maxwell

ISBN: 190823914X

Category: Data protection

Page: 671

View: 1927

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The Long Decade

How 9/11 Changed the Law

Author: David Jenkins,Amanda Jacobsen,Anders Henriksen

Publisher: Oxford University Press

ISBN: 0199368341

Category: Law

Page: 368

View: 3149

The terrorist attacks of 9/11 precipitated significant legal changes over the ensuing ten years, a "long decade" that saw both domestic and international legal systems evolve in reaction to the seemingly permanent threat of international terrorism. At the same time, globalization produced worldwide insecurity that weakened the nation-state's ability to monopolize violence and assure safety for its people. The Long Decade: How 9/11 Changed the Law contains contributions by international legal scholars who critically reflect on how the terrorist attacks of 9/11 precipitated these legal changes. This book examines how the uncertainties of the "long decade" made fear a political and legal force, challenged national constitutional orders, altered fundamental assumptions about the rule of law, and ultimately raised questions about how democracy and human rights can cope with competing security pressures, while considering the complex process of crafting anti-terrorism measures.
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International Criminal Law

Author: Bantekas,Dr Susan Nash

Publisher: Cavendish Publishing

ISBN: 1843145294

Category: Law

Page: 512

View: 4252

This book explores criminal issues from an international law perspective. It takes account of international (international criminal tribunals) and domestic case law and recent international developments, such as The International Criminal Court, terrorism, jurisdiction and immunities, among others.
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Nicholls, Montgomery, and Knowles on The Law of Extradition and Mutual Assistance

Author: Clive Nicholls,Clare Montgomery,Julian B. Knowles,Anand Doobay,Mark Summers

Publisher: Oxford University Press

ISBN: 0199692815

Category: Law

Page: 813

View: 1124

The Law of Extradition and Mutual Assistance is the leading work in this area, providing a comprehensive and authoritative treatment of the laws covering the extradition arrangements between the UK and other states, as well as international mutual assistance. Since the second edition was published in there has been a considerable quantity of new case law including a number of important House of Lords decisions and decisions of theEuropean Court of Justice and the European Court of Human Rights. In addition, there have been a number of amendments to the Extradition Act 2003. The new edition will reflect developments in case law, amendmentsto the legislation, and developments at the international level.
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Policing Cooperation Across Borders

Comparative Perspectives on Law Enforcement within the EU and Australia

Author: Dr Saskia Hufnagel

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409473724

Category: Social Science

Page: 356

View: 8872

This book provides new insights into police cooperation from a comparative socio-legal perspective. It presents a broad analysis of comparable police cooperation strategies in two systems: the EU and Australia. The evolution of regulatory trends and cooperation models is analysed for both systems and possible transferable strategies identified. Drawing on interviews with practitioners in the EU and Australia this book highlights a number of areas where the EU can be compared to a federal system and addresses the advantages and disadvantages of being a Union or a federation of states with a view to police cooperation practice. Particular topics addressed are the evolution of legal frameworks regulating police cooperation, informal cooperation strategies, Joint Investigation Teams, Europol and regional cooperation. These instruments foster police cooperation, but could be improved with a view to cooperation practice by learning from regulatory techniques and practitioner experiences of the respective other system.
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Europol and Police Cooperation in Europe

Author: Michael Santiago

Publisher: Edwin Mellen Press

ISBN: 9780773477315

Category: Political Science

Page: 257

View: 9854

This research examines the European intelligence agency, Europol. It looks at the application of the centralized mode of information exchange to the information and intelligence exchange process between Europol and member states. The data gathered shows whether this agency is the most appropriate mode of data collection, or whether another model should have been adopted.
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International Police Cooperation

Emerging Issues, Theory and Practice

Author: Frederic Lemieux

Publisher: Routledge

ISBN: 1134029470

Category: Social Science

Page: 384

View: 9449

The globalization of threats and the complexity of international security issues represents a greater challenge for international policing in (re)shaping inter-agency interaction, and makes effective international police cooperation more necessary than ever before. This book sets out to analyse the key emerging issues and theory and practice of international police cooperation. Paying special attention to the factors that have contributed to the effective working of police cooperation in practice and the problems that are encountered, this book brings together original research that examines opportunities and initiatives undertaken by agencies (practices and processes introduced) as well as the impact of external legal, political, and economical pressures. Contributors explore emerging initiatives and new challenges in several contexts at both national and international levels. They adopt a diversity of approaches and theoretical frameworks to reach a broader understanding of current and future issues in police cooperation. Forms of police cooperation and trends in crime control are examined, drawing upon the following disciplines: criminology, ethics, organizational science, political science, and sociology.
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