The Politics of Judicial Co-operation in the EU

The Politics of Judicial Co-operation in the EU PDF

Author: Hans-W. Micklitz

Publisher:

Published: 2005

Total Pages: 539

ISBN-13: 9781139443715

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The European legal order is largely based on judicial co-operation between the ECJ and the national courts. The three case studies outlined in the subtitle reveal that national courts and national litigants are mainly pursuing national interests, while the ECJ seeks European solutions.

The Future of Police and Judicial Cooperation in the EU

The Future of Police and Judicial Cooperation in the EU PDF

Author: Cyrille J.C.F. Fijnaut

Publisher: BRILL

Published: 2009-11-23

Total Pages: 436

ISBN-13: 9004193367

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Since the early 1990s, cross-border police and judicial cooperation has become a very important domain of the European Union. The Lisbon Treaty – if accepted by all the Member States – will certainly be a major stimulus to its further development in the field of internal security as well as in the field of external policy. In any event, the recent proposal for a new third comprehensive policy programme with regard to the Area of Freedom, Security and Justice – the so-called Stockholm Programme – foreshadows some of the changes the Brussels institutions and the Member States would like to embrace in the coming years. This book contains the contributions of scholars and practitioners to a conference on the future of police and judicial cooperation in the European Union that took place in November 2008 at Tilburg University. Referring to what has been achieved in this domain since the Treaty of Maastricht, these papers not only assess the proposals that have been put forward in successive policy documents relating to the Stockholm Programme, but they also pinpoint to the ongoing problems in the theory and practice of police and judicial cooperation within the European Union and to the ways in which these questions could best be solved.

Security versus Justice?

Security versus Justice? PDF

Author: Florian Geyer

Publisher: Routledge

Published: 2016-04-01

Total Pages: 364

ISBN-13: 1317057937

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One of the most dynamic areas of EU law since the great changes brought to the EU constitutional order by the Amsterdam Treaty in 1999 has been cooperation in the fields of policing and criminal justice. Both fields have already been the subject of substantial legislative effort in the EU and an increasing amount of judicial activity in the European Court of Justice. In 2007 - after the Constitutional Treaty of 2004 failed - the new Reform Treaty planned very substantive changes to these policies. Bringing together a wide-ranging set of topics and contributors, this book enables readers to understand these changes by examining three key questions: how did we get to the Reform Treaty; what have been - and still are - the key struggles in competence; and how do the changes fit into the transformation of police and judicial cooperation in criminal matters in the EU?

Security Versus Justice?

Security Versus Justice? PDF

Author: Elspeth Guild

Publisher: Ashgate Publishing, Ltd.

Published: 2008

Total Pages: 360

ISBN-13: 9780754673590

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One of the most dynamic areas of recent EU law has been cooperation in the fields of policing and criminal justice. This book enables readers to understand the changes that have taken place by examining how and why they occurred, along with the subsequent outcomes.

Networking the Rule of Law

Networking the Rule of Law PDF

Author: Cristina Dallara

Publisher: Routledge

Published: 2016-04-22

Total Pages: 190

ISBN-13: 1317088891

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Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.

The European Court of Justice and the Policy Process

The European Court of Justice and the Policy Process PDF

Author: Susanne K. Schmidt

Publisher: Oxford University Press

Published: 2018

Total Pages: 311

ISBN-13: 0198717776

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This book analyses the European Court of Justice's power from a political-science perspective. It argues that this power can be assessed through studying the policy implications of there being a supranational constitution that was drafted as an international treaty. An international treaty contains a set of policy goals for future cooperation. Direct effect and supremacy give constitutional status to these policy goals, allowing the Court to develop the Treaty's implications for policymaking at the European and the member-state levels. By focusing on the four freedoms (of goods, services, persons, and capital) and citizenship rights, the book analyses the implications of case law for policymaking in different case studies. It shows how major EU legislation (for instance, the Services and Citizenship Directives) are significantly influenced by case law and how controversial policies, such as EU citizens' access to tax-financed social benefits, are closely linked to the Court.

The Politics of EU Police Cooperation

The Politics of EU Police Cooperation PDF

Author: John D. Occhipinti

Publisher: Lynne Rienner Publishers

Published: 2003

Total Pages: 300

ISBN-13: 9781588261182

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Will the European Union soon have a policing agency similar to the US Federal Bureau of Investigation? John Occhipinti traces the evolution of the European Police Office (Europol), bringing to life themes key to the study of European integration such as: the tension between supranationalism and intergovernmentalism; concerns over the democratic deficit in the EU; and the impact of enlargement.

EU-UK Police and Judicial Cooperation in Criminal Matters

EU-UK Police and Judicial Cooperation in Criminal Matters PDF

Author: Mirena Pencheva

Publisher: Springer Nature

Published: 2021-04-21

Total Pages: 145

ISBN-13: 3030714756

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This book looks at the past, present and possible future relationship between the EU and the UK in the fields of law enforcement and judicial cooperation in criminal matters. It examines successively the EU-UK relationship prior to 1 February 2020; the relationship during the transition period; the relationship after the end of the transition period. The book analyses the relevant provisions of the Withdrawal Agreement, the Political Declaration, of the EU and UK negotiating mandates and draft legal texts, and the state of play of the negotiations. It looks at the possible forms that the future cooperation can take and the likely areas, which might be covered, such as cooperation with Europol and Eurojust; criminal records; DNA, dactyloscopic and vehicle registration data; passenger name records; surrender procedures, and mutual legal assistance. It also analyses the overarching issues of protection of personal data and the future role of the Court of Justice of the EU. Finally, this book puts forward some ideas on the possible impact of Brexit on security cooperation within wider Europe and on the possible emergence in future of a European Security Union within wider Europe. The volume is aimed at practitioners and academics in European Studies, International Relations, and Law.

Networking the Rule of Law

Networking the Rule of Law PDF

Author: Dr Cristina Dallara

Publisher: Ashgate

Published: 2015-12-28

Total Pages: 176

ISBN-13: 1409472566

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Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.