What Public Prosecution in Europe in the 21st Century

What Public Prosecution in Europe in the 21st Century PDF

Author: Council of Europe

Publisher: Council of Europe

Published: 2000-01-01

Total Pages: 186

ISBN-13: 9789287144720

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This volume contains the contributions made at the Pan-European Conference for Prosecutors General and other high-ranking Prosecutors organized with the French Ecole nationale de la magistrature at the Palais de l'Europe in Strasbourg from 22 to 24 May 2000. The contributions provide a comprehensive picture of the present-day realities of public prosecution throughout Europe. The cornerstone of the conference was the text of what was then a draft recommendation and has since become Recommendation (Rec2000)19 of the Committee of Ministers to member states on the role of public prosecution in the criminal justice system.

The European Public Prosecutor's Office

The European Public Prosecutor's Office PDF

Author: Lorena Bachmaier Winter

Publisher: Springer

Published: 2018-11-02

Total Pages: 279

ISBN-13: 3319939165

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This book explores the European Public Prosecutor’s Office (EPPO), the creation of which was approved in the Regulation adopted by the Justice and Home Affairs (JHA) Council on 12 October 2017. The EPPO will be an independent European prosecution office tasked with investigating and prosecuting those crimes defined in the recently adopted Regulation 2017/1371 on combating fraud against the Union’s financial interests by means of criminal law. As such, it will be a new actor on the EU landscape, governed by the principle of loyal cooperation with the national prosecuting authorities. This work clarifies some of the challenges that member states will have to face when dealing with a supranational prosecution authority. In addition, it provides guidelines on how to implement the present Regulation while respecting the fundamental rights of defendants in criminal proceedings. The book is of special interest in so far as the analysis and perspective of academics is completed with the contributions of legal experts who have either been involved in the negotiations to establish the European public prosecutor or will be closely linked, as public prosecutors, to the functioning of the future European public prosecutor’s office.

The Evolving Role of the Public Prosecutor

The Evolving Role of the Public Prosecutor PDF

Author: Victoria Colvin

Publisher: Routledge

Published: 2018-09-24

Total Pages: 430

ISBN-13: 042988494X

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The modern public prosecutor is a figure both powerful and enigmatic. Legal scholars and criminologists often identify “three essential components” of criminal justice systems: police, courts and corrections. Yet increasingly, the public prosecutor occupies a distinct role independent from any of these branches. Acting outside of the court, and therefore largely out of the public eye, the prosecutor’s control over whether and what charges proceed to court can limit judicial discretion on sentencing, open pathways to alternative measures and even deny entry into the criminal justice system entirely. In this sense the prosecutor serves as a true “gatekeeper” to the criminal process. This book addresses key aspects of the evolving role of domestic and international prosecutors in common law and civil law systems in the twenty-first century, and the challenges posed by this evolution. This collection of chapters from respected scholars takes an international, comparative approach and explores how these different legal systems have borrowed theorisations and articulations of the prosecutorial role from each other in adapting the office to changing conditions and expectations. The volume is structured around four main themes relating to the role of the modern prosecutor: the nature of the prosecutor’s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicisation and accountability of prosecutors. This book is essential for scholars and students in criminal justice, pre-law/legal studies, criminology, justice studies and political science, and is useful as a resource for those interested in legal change around the world.

Shifting Perspectives on the European Public Prosecutor's Office

Shifting Perspectives on the European Public Prosecutor's Office PDF

Author: Willem Geelhoed

Publisher: Springer

Published: 2017-12-19

Total Pages: 198

ISBN-13: 9462652163

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This book provides answers to the following questions. Is there a bright future aheadfor a European Public Prosecutor’s Office? If so, is the regulation establishing the officesufficiently clear and balanced to attain that goal? Moreover, will the office be able toeffectively fight fraud now damaging the EU's budget and will it respect the fundamentalrights of the parties involved? Included are issues ranging from EU substantive and procedural criminal law, combattingEU fraud, the distribution of competences in European law enforcement,EU fundamental rights, to forum choice. The book's aim is to inform academics,policy-makers and criminal law practitioners about key issues surrounding theattribution of prosecutorial powers to an entirely remodelled European Union body. Indoing so, it sheds light on this body, as fundamentally changed by the Council, whichwill undoubtedly have a greater impact on the European criminal justice system thanthe European Arrest Warrant ever did. Dr. Willem Geelhoed is Assistant Professor in criminal law and criminal procedureat the University of Groningen, The Netherlands, and Drs. Leendert H. Erkelensand Prof. Mr. Arjen W.H. Meij are both Visiting Research Fellow at the T.M.C. AsserInstituut in The Hague in The Netherlands, while the latter is also Honorary Professorat the University of Luxembourg.

Documents

Documents PDF

Author: Council of Europe: Parliamentary Assembly

Publisher: Council of Europe

Published: 2004-04-15

Total Pages: 244

ISBN-13: 9789287152350

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Judges, Judging and Humour

Judges, Judging and Humour PDF

Author: Jessica Milner Davis

Publisher: Springer

Published: 2018-07-20

Total Pages: 335

ISBN-13: 3319767380

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This book examines social aspects of humour relating to the judiciary, judicial behaviour, and judicial work across different cultures and eras, identifying how traditionally recorded wit and humorous portrayals of judges reflect social attitudes to the judiciary over time. It contributes to cultural studies and social science/socio-legal studies of both humour and the role of emotions in the judiciary and in judging. It explores the surprisingly varied intersections between humour and the judiciary in several legal systems: judges as the target of humour; legal decisions regulating humour; the use of humour to manage aspects of judicial work and courtroom procedure; and judicial/legal figures and customs featuring in comic and satiric entertainment through the ages. Delving into the multi-layered connections between the seriousness of the work of the judiciary on the one hand, and the lightness of humour on the other hand, this fascinating collection will be of particular interest to scholars of the legal system, the criminal justice system, humour studies, and cultural studies.

Prosecuting Crime in the Renaissance

Prosecuting Crime in the Renaissance PDF

Author: John H. Langbein

Publisher: The Lawbook Exchange, Ltd.

Published: 2005

Total Pages: 336

ISBN-13: 1584775777

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Our present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability." --Joseph H. Smith, Harvard Law Review 88 (1974-1975) 485 JOHN LANGBEIN is Sterling Professor of Law and Legal History at Yale Law School. He has held academic positions at Stanford University, Oxford University, the Max-Planck-Institut für Europäische Rechtsgeschichte and the Max-Planck-Institut für Ausländisches und Internationales Strafrecht. Langbein is a member of the American Academy of Arts and Sciences, the International Academy of Comparative Law, the International Association of Procedure Law, and other organizations in the fields of legal history and comparative law. Some of his most distinguished publications and articles include History of the Common Law: The Development of Anglo-American Legal Institutions (2009), Torture and the Law of Proof: Europe and England in the Ancient Regime (1977), and "The Supreme Court Flunks Trusts," Supreme Court Review (1991).

Welfare and Religion in 21st Century Europe

Welfare and Religion in 21st Century Europe PDF

Author: Anders Bäckström

Publisher: Routledge

Published: 2016-02-24

Total Pages: 256

ISBN-13: 1134758472

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Historically, European churches have played a large part in the provision of welfare. Responsibility, however, has gradually shifted to the state - a shift that forms an integral part of the process of secularization and one that has been readily accepted by European populations. But what happens when the state itself begins to recede - a process that is occurring in most, if not all, European societies for a wide variety of reasons? The implications for welfare are considerable, not least for the role of the churches which begin to resume the responsibilities previously shed but in new and different ways. This book looks at the connections between religion and welfare in Europe, exploring in detail eight European societies - Finland, Norway, Sweden, England, Germany, France, Italy and Greece. The different theological traditions, different church-state relationships and different welfare regimes are all examined. The analysis is based on first hand empirical research which considers not only the changing situation on the ground, but attitudes towards this within a range of different constituencies - the churches, local government and the general public. Particular attention is paid to the significance of gender in both the process of change and in attitudes towards this. Welfare and Religion in 21st Century Europe: Volume 1 represents comparative research at its best and highlights key policy implications for the future. A companion book, Welfare and Religion in 21st Century Europe: Volume 2 explores thematically the changing nature of religion and welfare and the new relationships that are emerging between the religious and the secular, and between church and state in the 21st century.

European Public Prosecutor's Office

European Public Prosecutor's Office PDF

Author: Hans-Holger Herrnfeld

Publisher: Nomos/Hart

Published: 2020-12-24

Total Pages: 704

ISBN-13: 9781509947157

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ThIS commentary on the EPPO Regulation is intended to guide practitioners – within EPPO as well as in the national prosecution services and law enforcement agencies, courts, and law offices – in the interpretation of the Regulation. By providing an in-depth analysis of the intricate interplay of the Regulation's provisions and their legal and practical context, it will also provide a valuable source for further academic research on individual aspects relating to the EPPO. In addition, the commentary will assist political decision-makers in assessing the practical implementation of the EPPO Regulation by clarifying its relations to national law and national judicial and law enforcement authorities.

Crime, Law and Popular Culture in Europe, 1500-1900

Crime, Law and Popular Culture in Europe, 1500-1900 PDF

Author: Richard McMahon

Publisher: Routledge

Published: 2013-06-17

Total Pages: 270

ISBN-13: 1134007426

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This book explores the relationship between crime, law and popular culture in Europe from the sixteenth century onwards. How was crime understood and dealt with by ordinary people and to what degree did they resort to or reject the official law and criminal justice system as a means of dealing with different forms of criminal activity? Overall, the volume will serve to illuminate how experiences of and attitudes to crime and the law may have corresponded or differed in different locations and contexts as well as contributing to a wider understanding of popular culture and consciousness in early modern and modern Europe.