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.
The European Convention on Human Rights and European Union law provide an increasingly important framework for the protection of the rights of foreigners. European Union legislation relating to asylum, borders and immigration is developing fast. There is an impressive body of case law by the European Court of Human Rights relating in particular to Articles 3, 5, 8 and 13 of the ECHR. The Court of Justice of the European Union is increasingly asked to pronounce itself on the interpretation of European Union law provisions in this field. This handbook presents this European Union legislation and the body of case law by the two European courts in an accessible way. It is intended for legal practitioners, judges, prosecutors, immigration officials and nongovernmental organisations, in the EU and Council of Europe Member States.
The Jungle Book
Author: Rudyard Kipling
The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and signifi cant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
Il fascino del diritto della persona e della famiglia è legato alla sua continua evoluzione. Pubblica opinione, tesi dottrinarie, principi posti dalla giurisprudenza possono, per la loro durata, essere paragonati ai ghiacciai, i quali, un tempo perenni, ora, con il riscaldamento globale, possono esserci oggi e domani non esserci più, rivelando un paesaggio del tutto diverso. Tribunali e giudici sono spesso chiamati ad esplorare nuove frontiere e devono farlo in fretta, perché le questioni che una realtà sociale in rapido movimento suscita non possono restare irrisolte. Il nostro sistema giuridico non ha ancora metabolizzato l’istituto delle unioni civili, di recentissima approvazione, che già deve rapportarsi al problema della genitorialità, adottiva o procreativa assistita, delle nuove coppie ed all’intreccio di relazioni che ciò determina, con al centro la necessità di attualizzare il concetto di interesse del minore. Il libro affronta tali tematiche, valendosi dell’esperienza italiana ed europea e dell’ausilio, anche in questo caso insostituibile, della psicologia.
By considering different international legal sources, including humanitarian law, human rights and criminal law, this book seeks to identify the rules applicable to International Military Missions engaged in different actions in the context of peace operations.
The Right to Privacy
Author: Samuel D. Brandeis, Louis D. Warren
Publisher: BoD – Books on Demand
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
The EU Accession to the ECHR
Author: Vasiliki Kosta, Nikos Skoutaris, Vassilis Tzevelekos
Publisher: Bloomsbury Publishing
Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.
The Boundaries of Europe
Author: Pietro Rossi
Publisher: Walter de Gruyter GmbH & Co KG
Europe’s boundaries have mainly been shaped by cultural, religious, and political conceptions rather than by geography. In this context, this volume outlines the transformation of Europe’s boundaries from the fall of the ancient world to the age of decolonization and explores, among other aspects, the confrontation of Christian Europe with Islam and the changing role of the Mediterranean from “mare nostrum” to a frontier between nations.
The Lisbon Treaty
Author: Jean-Claude Piris
Publisher: Cambridge University Press
This series aims to produce original works which contain a critical analysis of the state of the law in particular areas of European Law and Set out different perspectives and suggestions for its future development. It also aims to encourage a range of work on law, legal institutions and legal phenomena in Europe, including `law in context' approaches. The titles in the series will be of interest to academics; policymakers; policy formers who are interested in European legal, commercial and political affairs; practising lawyers including the judiciary; and advanced law students and researchers. Given the controversies and difficulties which preceded the coming into force of the Lisbon Treaty, it is easy to forget that the Treaty is a complex legal document in need of detailed analysis for its impact to be fully understood. Jean-Claude Piris, the Director-General of the Legal Service of the Council of the European Union (EU), provides such an analysis, looking at the historical and political contexts of the Treaty, its impact on the democratic framework of the EU and its provisions in relation to substantive law. Impartial legal analysis of the EU's functions, its powers and the treaties which govern it make this the seminal text on the most significant recent development in EU law. Since 1988, Jean-Claude Piris has served as the Legal Counsel of the Council of the EU and Director-General of its Legal Service. He is an Honorary Counsellor of State of France, a former diplomat at the UN and the former Director of Legal Affairs of the OECD. He was the Legal Advisor of the Successive Intergovernmental conferences which negotiated and adopted the treaties of Maastricht in 1992, Amsterdam in 1997 and Nice in 2001, the constitutional Treaty signed in Rome in 2004 and, finally, the Lisbon Treaty in 2007.
DAUMIER & GAVARNI
Author: Charles 1848-1923 Holme, Joseph 1809-1878 Nash
Publisher: Wentworth Press
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