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The Governance of Criminal Justice in the European Union

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The Governance of Criminal Justice in the European Union

Transnationalism, Localism and Public Participation in an Evolving Constitutional Order

9781788977289 Edward Elgar Publishing
Edited by Ricardo Pereira, Reader in Law, School of Law and Politics, Cardiff University, UK, Annegret Engel, Senior Lecturer of EU Law, Faculty of Law, Lund University, Sweden and Samuli Miettinen, Associate Professor of Transnational Law, Tallinn University, Estonia
Publication Date: December 2020 ISBN: 978 1 78897 728 9 Extent: 296 pp
This timely book provides an astute assessment of the institutional and constitutional boundaries, interactions and tensions between the different levels of governance in EU criminal justice. Probing the conceptual and theoretical underpinnings of the EU’s approach to transnational crime, it proposes improved mechanisms for public participation in the governance of EU criminal law, designed to ensure better transparency, accountability and democratic controls.

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This timely book provides an astute assessment of the institutional and constitutional boundaries, interactions and tensions between the different levels of governance in EU criminal justice. Probing the conceptual and theoretical underpinnings of the EU’s approach to transnational crime, it proposes improved mechanisms for public participation in the governance of EU criminal law, designed to ensure better transparency, accountability and democratic controls.
 
Influential scholars from across Europe analyse key practical challenges to the governance of EU criminal law in the context of specific crimes, including financial crime, cybercrime and environmental crime. Offering sector-specific perspectives on tackling transnational crime, insightful chapters examine the potential options for criminal-law cooperation between the EU and the UK after Brexit, and consider to what extent these avenues may represent enhanced mechanisms for the governance of transnational crimes and common security threats in the future.
 
This important study will prove crucial reading for academics, researchers and postgraduate students examining EU, transnational and comparative criminal law, as well as European integration studies and constitutional law more broadly. Practitioners and policy-makers working in the EU’s Area of Freedom, Security and Justice will also benefit from this book’s practical insights into the mechanisms of EU law and justice.
Contributors
Contributors include: C. Briere, R. Colson, W. de Bondt, S. Field, P. Freundlich, A. Guinchard, C. Harding, H. Lauwereys, K. Lingenfelter, V. Mitsilegas





Contents
Contents:

1 Introduction 1
Ricardo Pereira, Annegret Engel and Samuli Mietinnen

PART I MULTI-LEVEL CRIMINAL JUSTICE
GOVERNANCE IN THE EUROPEAN UNION:
CONSTITUTIONAL DIMENSIONS
2 After Brexit: Reframing EU-UK cooperation in criminal matters 17
Valsamis Mitsilegas
3 Opting in or opting out? The EU’s variable geometry in the
area of freedom, security and justice 39
Annegret Engel
4 The boundaries between the EU and Member States’
competences in criminal matters: reflections on
post-Lisbon developments 56
Kerttuli Lingenfelter
5 EU criminal justice and the diversity of legal cultures in Europe 82
Renaud Colson and Stewart Field

PART II MODELS FOR CRIMINAL JUSTICE
COOPERATION AND THE GOVERNANCE OF
SPECIFIC CRIMES
6 Transnational responses to trafficking in human beings in
Europe: models for more inclusive governance mechanisms 103
Chloé Brière
7 Building an effective control of financial crime? The
role of criminal law and transnational cooperation in the
European Union 127
Christopher Harding
8 Better cybersecurity, better democracy? The public interest case for
amending the Convention on Cybercrime n.185 and the
Directive 2013/40/EU on Attacks against Information Systems 148
Audrey Guinchard
9 The development of environmental criminal law
enforcement in the European Union: from institutional
fragmentation to European environmental criminal justice
governance? 181
Ricardo Pereira

PART III PROCEDURAL RIGHTS FOR ASSERTION
OF PARTICIPATORY GOVERNANCE IN EU
CRIMINAL JUSTICE
10 Access to documents under EU law and the area of
freedom, security and justice: legal framework and judicial
practice 210
Petri Freundlich
11 Children’s rights and child participation in criminal proceedings 233
Wendy De Bondt and Heleen Lauwereys

Index

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 78897 729 6
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