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Research Handbook on EU Criminal Law

9781783473304 Edward Elgar Publishing

Research Handbooks in European Law series

Edited by Valsamis Mitsilegas, Professor of European and Global Law and Dean, School of Law and Social Justice, University of Liverpool, UK, Maria Bergström, Associate Professor of European Law, Faculty of Law, Uppsala University, Sweden and Theodore Konstadinides, Senior Lecturer in Law, School of Law, University of Essex, UK

Publication Date: 2016 ISBN: 978 1 78347 330 4 Extent: 672 pp

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Critical Acclaim

Contributors

Contents

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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

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

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