Read book Valsamis Mitsilegas - Hart Studies in European Criminal Law: EU Criminal Law after Lisbon : Rights, Trust and the Transformation of Justice in Europe 1 MOBI, DJV
9781849466486 1849466483 This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor's Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant System) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK participation in Europe's area of criminal justice and the feasibility of a Europe à -la-carte in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core., 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]
9781849466486 1849466483 This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor's Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant System) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK participation in Europe's area of criminal justice and the feasibility of a Europe à -la-carte in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core., 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]