EU Criminal Law After Lisbon

Author: Valsamis Mitsilegas
Publisher: Hart Pub Limited
ISBN: 9781849466486
Format: PDF, ePub, Mobi
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This new work by one of the leading commentators on EU criminal law provides the first detailed overview of the impact of the Lisbon Treaty reforms on the operation and scope of EU criminal law. In it, author Valsamis Mitsilegas critically examines key issues in EU criminal law emerging after the entry into force of the Lisbon Treaty and addresses the implications of recent legislative, judicial and constitutional developments (including the constitutionalization of the Charter of Fundamental Rights) for the future of European criminal justice. This monograph focuses in particular on criminalization post-Lisbon, mutual recognition, trust and defense rights post-Lisbon (including an analysis of recent CJEU rulings, such as Melloni and Radu), and prosecution post-Lisbon (focusing on the future of Eurojust and the European Public Prosecutor). (Series: Hart Studies in European Criminal Law, Vol. 1) [Subject: Criminal Law; European Law; Comparative Law; International Law]

EU Criminal Law

Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 1847314945
Format: PDF, ePub, Mobi
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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.

Weapons and the Law of Armed Conflict

Author: William H. Boothby
Publisher: Oxford University Press
ISBN: 0191044164
Format: PDF, ePub
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Bringing together the law of armed conflict governing the use of weapons into a single volume, the fully updated Second Edition of Weapons and the Law of Armed Conflict interprets these rules and discusses the factors influencing future developments in weapons law. After relating the historical evolution of weapons law, the book discusses the important customary principles that are the foundation of the subject, and provides a condensed account of the law that exists on the use of weapons. The treaties and customary rules applying to particular categories of weapon are thereafter listed and explained article by article and rule by rule in a series of chapters. Having stated the law as it is, the book then explores the way in which this dynamic field of international law develops in the light of various influences. The legal review of weapons is discussed, both from the perspective of how such reviews should be undertaken and how such a system should be established. Having stated the law as it is, the book then investigates the way in which this dynamic field of international law develops in the light of various influences. In the final chapter, the prospects for future rule change are considered. This Second Edition includes a discussion of new treaty law on expanding bullets, the arms trade, and norms in relation to biological and chemical weapons. It also analyses the International Manuals on air and missile warfare law and on cyber warfare law, the challenges posed by 'lethal autonomous weapon systems', and developments in the field of information and telecommunications otherwise known as cyber activities.

The European Crisis and the Transformation of Transnational Governance

Author: Christian Joerges
Publisher: Hart Publishing Limited
ISBN: 9781509913008
Format: PDF, Kindle
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The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. "Conflicts-law constitutionalism" is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of national decision-making, on the one hand, and the co-operative responses to problem interdependencies on the other. The first section of the book contrasts Europe's new modes of economic governance and crisis management with the conditionality of international investments, and reflects upon the communalities and differences between emergency Europe and global exceptionalism. Subsequent sections substantiate the problematique of executive and technocratic rule, explore conflict constellations of prime importance in the fields of environmental and labour law, and discuss the impact and limits of liberalisation strategies. Throughout the book, European and transnational developments are compared and evaluated.

The Italian Parliament in the European Union

Author: Nicola Lupo
Publisher:
ISBN: 9781782258735
Format: PDF, ePub
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"The Lisbon Treaty states that national Parliaments shall contribute to a better functioning of the EU. Can they really do it and therefore enrich the European democracy? How far can they extend their original sovereignty without distorting political responsibilities that should be geared upon the European Parliament? The authors analyze the experience of the Italian Parliament under the light of these crucial questions and their exhaustive answers are greatly helpful to the readers of all over Europe."--Judge Giuliano Amato, Italian Constitutional Court ***This important new collection explores the role of the Italian Parliament in the Euro-national parliamentary system as an example of an increased role for national parliaments within the composite European constitutional order. It illustrates how parliamentary interactions within the European Union are highly systematic, with integrated procedures and mutual interdependence between the various institutions and stakeholders. The book argues that this dynamic is vital for both the functioning and the future equilibrium of democracy in the EU. This is significant, particularly given the challenges posed to democracy within the EU institutions and the Member States. Notwithstanding its peculiarities (a symmetrical bicameral system in which both Houses are directly elected, hold the same powers and are linked through a confidence relationship with the government), the Italian Parliament deserves specific attention as a lively active player of the European polity. The grid for its analysis proposed by this collection may also be applied to other national parliaments, thus contributing to the development of comparative research in this field. (Series: Parliamentary Democracy in Europe) [Subject: Constitutional & Administrative Law, EU Law, European Law]

The Europeanisation of Contract Law

Author: Christian Twigg-Flesner
Publisher: Routledge
ISBN: 1135923280
Format: PDF, ePub
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Critical yet accessible, this book provides an overview of the current debates about the ‘Europeanization’ of contract law. Charting the extent to which English contract law has been subject to this activity, it is the ideal volume for readers unfamiliar with the subject who wish to understand the main issues quickly. It examines a range of key developments, including: a string of directives adopted by the European Union that touch on various aspects of consumer law recent plans for a European Common Frame of Reference on European Contract Law. Bringing together advanced legal scholarship, critically examining key developments in the field and considering the arguments for and against greater convergence in the area of contract law, this is an excellent read for postgraduate students studying contract and/or European law.

Criminal Justice in America

Author: Roscoe Pound
Publisher: Transaction Publishers
ISBN: 9781412820653
Format: PDF, ePub, Docs
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Roscoe Pound believed that unless the criminal justice system maintains stability while adapting to change, it will either fossilize or be subject to the whims of public opinion. In Criminal Justice in America, Pound recognizes the dangers law faces when it does not keep pace with societal change. When the home, neighborhood, and religion are no longer capable of social control, increased conflicts arise, laws proliferate, and new menaces wrought by technology, drugs, and juvenile delinquency flourish. Where Pound saw the influence of the motion pictures as part of the "multiplication of the agencies of menace," today we might cite television and the Internet. His point still holds true: The "old machinery" cannot meet the evolving needs of society. In Criminal Justice in America, Pound points out that one aspect of the criminal justice problem is a rigid mechanical approach that resists change. The other dimension of the problem is that change, when it comes, will result from the pressure of public opinion. Justice suffers when the public is moved by the oldest of public feelings, vengeance. This can result in citizens taking the law into their own hands—from tax evasion to mob lynchings—as well as in altering the judicial system—from sensationalizing trials to producing wrongful convictions. Ron Christenson, in his new introduction, discusses the evolution of Roscoe Pound's career and thought. Pound's theories on jurisprudence were remarkably prescient. They continue to gain resonance as crimes become more and more sensationalized by the media. Criminal Justice in America is a fascinating study that should be read by legal scholars and professionals, sociologists, political theorists, and philosophers.

Globalisation Criminal Law and Criminal Justice

Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 178225272X
Format: PDF, Mobi
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The book consists of the keynote papers delivered at the 2012 WG Hart Workshop on Globalisation, Criminal Law and Criminal Justice organised by the Queen Mary Criminal Justice Centre. The volume addresses, from a cross-disciplinary perspective, the multifarious relationship between globalisation on the one hand, and criminal law and justice on the other hand. At a time when economic, political and cultural systems across different jurisdictions are increasingly becoming or are perceived to be parts of a coherent global whole, it appears that the study of crime and criminal justice policies and practices can no longer be restricted within the boundaries of individual nation-states or even particular transnational regions. But in which specific fields, to what extent, and in what ways does globalisation influence crime and criminal justice in disparate jurisdictions? Which are the factors that facilitate or prevent such influence at a domestic and/or regional level? And how does or should scholarly inquiry explore these themes? These are all key questions which are addressed by the contributors to the volume. In addition to contributions focusing on theoretical and comparative dimensions of globalisation in criminal law and justice, the volume includes sections focusing on the role of evidence in the development of criminal justice policy, the development of European criminal law and its relationship with national and transnational legal orders, and the influence of globalisation on the interplay between criminal and administrative law.

Statistics for Criminology and Criminal Justice

Author: Ronet D. Bachman
Publisher: SAGE Publications
ISBN: 1506326129
Format: PDF, Docs
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Statistics for Criminology and Criminal Justice, Fourth Edition offers students a practical and comprehensive introduction to statistics and highlights the integral role research and statistics play in the study of criminology and criminal justice. Packed with real-world case studies and contemporary examples utilizing the most current crime data and empirical research available, students not only learn how to perform and understand statistical analyses, but also recognize the connection between statistical analyses use in everyday life and its importance to criminology and criminal justice. Written by two well-known experts in the field, Ronet D. Bachman and Raymond Paternoster continue to facilitate learning by presenting statistical formulas with step-by-step instructions for calculation. This “how to calculate and interpret statistics” approach avoids complicated proofs and discussions of statistical theory, without sacrificing statistical rigor. The Fourth Edition is replete with new examples exploring key issues in today’s world, motivating students to investigate research questions related to criminal justice and criminology with statistics and conduct research of their own along the way. Give your students the SAGE edge! SAGE edge offers a robust online environment featuring an impressive array of free tools and resources for review, study, and further exploration, keeping both instructors and students on the cutting edge of teaching and learning.

The International Law of the Shipmaster

Author: John A. C. Cartner
Publisher: Routledge
ISBN: 113665397X
Format: PDF, ePub, Mobi
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A comprehensive review of the laws and regulations governing the shipmaster including customary law, case law, statutory law, treaty law and regulatory law, covering: • A brief history of the shipmaster • Manning and crewing requirements in relation to vessel registration • Comparison of regimes of law of agency for shipmasters and crews across jurisdictions • Examination of shipmaster liability (civil and criminal)