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: 9065

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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The Criminalisation of Migration in Europe

Challenges for Human Rights and the Rule of Law

Author: Valsamis Mitsilegas

Publisher: Springer

ISBN: 331912658X

Category: Law

Page: 110

View: 6567

This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.
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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: 3832

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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Harmonization of Criminal Law in Europe

Author: Erling Johannes Husabø,Asbjørn Strandbakken

Publisher: Intersentia nv

ISBN: 905095474X

Category: Law

Page: 157

View: 8672

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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Handbook of European Criminal Procedure

Author: Roberto E. Kostoris

Publisher: Springer

ISBN: 3319724622

Category: Law

Page: 445

View: 732

This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor’s Office.
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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: 3727

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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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: 9314

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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The European Union as an Area of Freedom, Security and Justice

Author: Maria Fletcher,Ester Herlin-Karnell,Claudio Matera

Publisher: Routledge

ISBN: 1317573226

Category: Law

Page: 536

View: 9631

This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ). Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.
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Cross-border Health Care in the European Union

Mapping and Analysing Practices and Policies

Author: Matthias Wismar,J. Figueras,W. Palm

Publisher: N.A

ISBN: 9789289002219

Category: Health & Fitness

Page: 376

View: 2976

Cross-border health care has become a much more prominent phenomenon in the European Union. When in need of medical treatment, patients increasingly act as informed consumers who claim the right to choose their own providers, including those beyond borders. This book explores such trends and also looks at the legal framework for cross-border care as well as examining some of the uncertainties surrounding it. After the adoption of the Directive on the application of patient rights in cross-border care, Member States will now have to start implementing these provisions. One of the challenges will be to see how various national practices related to access, benefits and tariffs, quality and safety, patient rights, cooperation etc. will be affected by these new rules. The information and analysis presented in the study can be of considerable use to policy-makers and those with an interest in key aspects of cross-border health care to accompany or follow this process.
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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: 4884

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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Towards a European Criminal Record

Author: Constantin Stefanou,Helen Xanthaki

Publisher: Cambridge University Press

ISBN: 1139472127

Category: Law

Page: N.A

View: 2080

The success of the four core freedoms of the EU has created fertile ground for transnational organised crime. Innovative, transnational legal weapons are therefore required by national authorities. The availability of data on criminal convictions is at the forefront of the debate. But which mechanism for availability can be used effectively while at the same time respecting an increasingly higher level of data protection at national level? In the fluid, post-'Reform Treaty' environment, the EU is moving towards the creation of a European Criminal Record which will ultimately secure availability of criminal data beyond the weaknesses of Mutual Legal Assistance mechanisms. Examining the concept of a European Criminal Record in its legal, political and data protection dimensions, this multidisciplinary study is an indispensable exploration of a major initiative in European Criminal Law which is set to monopolise the debate on EU judicial co-operation and enforcement.
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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: 9067

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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EU Criminal Law

Author: Valsamis Mitsilegas

Publisher: Bloomsbury Publishing

ISBN: 184731726X

Category: Law

Page: 366

View: 2599

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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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: 6955

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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Cross-Border Mergers in Europe:

Author: Dirk Van Gerven

Publisher: Cambridge University Press

ISBN: 113950214X

Category: Law

Page: N.A

View: 7655

This discussion of the Cross-Border Merger Directive and its implementing legislation in each Member State of the European Union and the European Economic Area provides companies and their advisors with useful insight into the legal framework applicable to, and the tax treatment of, cross-border mergers throughout the European Economic Area. Analysis of the Community rules laid down in the Cross-Border Merger Directive and the Community rules on the tax treatment of cross-border mergers is complemented by chapters on the implementing legislation in each Member State, prepared in accordance with a common format and contributed by a practitioner from each state. Annexes contain the Cross-Border Merger Directive (Annex I), the Parent-Subsidiary Directive (Annex II) and a list of the implementing legislation in each Member State (Annex III).
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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: 5194

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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Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings

A Study in Memory of Vittorio Grevi and Giovanni Tranchina

Author: Stefano Ruggeri

Publisher: Springer Science & Business Media

ISBN: 3642320120

Category: Law

Page: 573

View: 8172

The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources. Due to this complex scenario, this research has been carried out from a four-level perspective. The first part provides a critical analysis of the multilevel systems of protecting fundamental rights from the perspective of supranational and constitutional case law, and in the field of international and organized crime. The second part focuses on EU judicial cooperation in three main fields: financial and serious organized crime, mutual recognition tools, and individual rights protection. The third part provides the perspectives of ten domestic legal systems in two fields, i.e., obtaining evidence abroad and cooperation with international criminal tribunals. The fourth part analyses cross-border inquiries in comparative law, providing a reconstruction of different models of obtaining evidence overseas.
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Organized Crime Legislation in the European Union

Harmonization and Approximation of Criminal Law, National Legislations and the EU Framework Decision on the Fight Against Organized Crime

Author: Francesco Calderoni

Publisher: Springer Science & Business Media

ISBN: 3642043313

Category: Law

Page: 189

View: 6732

Just a few months after the entry into force of the EU Framework Decision on the fight against organized crime, this book provides an unprecedented analysis of the national and European legislation on organized crime. The book provides a critical examination of the European policies and legal instruments to promote the harmonization and approximation of criminal law in this field (including the United Nations Convention on Transnational Organized Crime). The current level of harmonization among EU Member States and the approximation to the standards of the new Framework Decision are discussed in detail, with the help of tables, graphs and maps. The results highlight the problems surrounding the international legal instruments and the inconsistencies of the national approaches to combating organized crime.
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