Pre-trial Detention in the European Union
Author : A. M. van Kalmthout
Publisher :
Page : 1014 pages
File Size : 18,80 MB
Release : 2009
Category : Detention of persons
ISBN :
Pre-Trial Detention the European Union
Author : Et Al Van Kalmthout
Publisher :
Page : pages
File Size : 44,56 MB
Release : 2009-10
Category :
ISBN : 9789058505248
Book Description
European Perspectives on Pre-Trial Detention
Author : Christine Morgenstern
Publisher : Taylor & Francis
Page : 267 pages
File Size : 39,7 MB
Release : 2023-09-15
Category : Law
ISBN : 1000953165
Book Description
High levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent. In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases in Europe influence policy and practice. Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.
Pre-trial Detention
Author : Voislav Stojanovski
Publisher : LAP Lambert Academic Publishing
Page : 192 pages
File Size : 48,54 MB
Release : 2014-07-09
Category :
ISBN : 9783659565090
Book Description
With the entry into force of the Treaty of Lisbon, the EU has acquired a competence in criminal procedure law and in the field of procedural rights of persons who are accused of committing a criminal offence. Harmonizing the way in which criminal proceedings are being conducted and safeguarding the rights of the accused in a uniform manner throughout the EU has therefore become possible. This book addresses international legislative measures which are already in place, underway, or planned to be adopted in near future. Additionally, the case-law with regard to pre-trial detention of a number of international courts is analyzed. Together, they serve as the starting point leading to an answer of the main questions that this book poses: Do we already have minimum standards stemming from international law with regard to criminal proceedings involving pre-trial detention? If so, are they properly understood and applied at national level in the Member States of the EU? If not, what is the European Union doing or can do to improve the rights of persons in pre-trial detention? The analysis should be especially useful to criminal justice professionals working in the area of EU law.
Human Rights and Pre-trial Detention
Author : United Nations Centre for Human Rights
Publisher : New York and Geneva : United Nations
Page : 72 pages
File Size : 41,91 MB
Release : 1994
Category : Law
ISBN :
Book Description
The Need for EU Pre-trial Detention Rules
Author : Estella Baker
Publisher :
Page : 26 pages
File Size : 11,96 MB
Release : 2019
Category :
ISBN :
Book Description
Liberty and Security in Europe
Author : Stefano Ruggeri
Publisher : V&R Unipress
Page : 296 pages
File Size : 29,98 MB
Release : 2012-04-04
Category : Law
ISBN : 3862349675
Book Description
Over recent years most of the criminal justice systems in Europe have witnessed a tendency to enhance the role of pre-trial inquiries. Different kinds of pre-trial measures have had a heavy impact on the fundamental rights of individuals involved in criminal procedures.The book contains a comparative study of four European countries on pre-trial precautionary measures limiting personal liberty. This comparison is part of two general frameworks concerning the ECtHR case-law and the EU legislation in the field of the right to liberty and security. In its two level approach, the book provides a critical guide for understanding the most significant changes which occurred in the area of liberty and security in the pre-trial phases of criminal proceedings as well as the protection systems developed in Europe both at national and supranational level to face the new challenges of the modern criminal investigation.
Preventive Detention
Author : Stanislaw J. Frankowski
Publisher : BRILL
Page : 318 pages
File Size : 49,37 MB
Release : 2022-05-09
Category : Law
ISBN : 9004478914
Book Description
Arbitrary arrest and detention have been the most consistent violations of fundamental individual human rights throughout history. The world's major criminal justice systems reveal the historical struggle between monarchs and dictators on the one hand, and advocates of the supremacy of the rule of law on the other. This struggle has been over the power to arbitrarily arrest and detain persons whether they be accused of common or polical crimes. Preventive Detention: A Comparative and International Law Perspective seeks to reconcile theory and practice by selecting studies representing different legal systems, thus advancing the multi-disciplinary understanding of the application of international and regional human rights norms in criminal justice systems.
Offender Supervision in Europe
Author : F. McNeill
Publisher : Springer
Page : 251 pages
File Size : 22,82 MB
Release : 2013-11-26
Category : Social Science
ISBN : 1137379197
Book Description
Offender supervision in Europe has developed rapidly in scale, distribution and intensity in recent years. However, the emergence of mass supervision in the community has largely escaped the attention of legal scholars and social scientists more concerned with the mass incarceration reflected in prison growth. As well as representing an important analytical lacuna for penology in general and comparative criminal justice in particular, the neglect of supervision means that research has not delivered the knowledge that is urgently required to engage with political, policy and practice communities grappling with delivering justice efficiently and effectively in fiscally straitened times, and with the challenges of communicating the meaning, legitimacy and utility of supervision to an insecure public. This book reports the findings from a survey of European research on this topic, undertaken during the first year of a European research network that spans twenty countries. As such, it provides the first comprehensive review of research on offender supervision in Europe, opening up an important new field of enquiry for comparative social science, and offering the prospects of better informed democratic deliberation about key challenges facing contemporary justice systems, policymakers and practitioners, and the societies they seek to serve.
The Evolving Protection of Prisoners’ Rights in Europe
Author : Gaëtan Cliquennois
Publisher : Taylor & Francis
Page : 232 pages
File Size : 39,32 MB
Release : 2022-12-30
Category : Law
ISBN : 1000824179
Book Description
The Evolving Protection of Prisoners’ Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: • A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. • An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. • A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). • A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.
