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Towards a European Criminal Record

Author : Constantin Stefanou

Publisher : Cambridge University Press

Page : 379 pages

File Size : 17,14 MB

Release : 2008-05-22

Category : Law

ISBN : 1139472127

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Book Description

The success of the four core freedoms of the EU has created fertile ground for transnational organised crime. Innovative, transnational legal weapons are therefore required by national authorities. The availability of data on criminal convictions is at the forefront of the debate. But which mechanism for availability can be used effectively while at the same time respecting an increasingly higher level of data protection at national level? In the fluid, post-'Reform Treaty' environment, the EU is moving towards the creation of a European Criminal Record which will ultimately secure availability of criminal data beyond the weaknesses of Mutual Legal Assistance mechanisms. Examining the concept of a European Criminal Record in its legal, political and data protection dimensions, this multidisciplinary study is an indispensable exploration of a major initiative in European Criminal Law which is set to monopolise the debate on EU judicial co-operation and enforcement.



Blueprint for an EU Criminal Records Database

Author : Gert Vermeulen

Publisher : Maklu

Page : 102 pages

File Size : 27,82 MB

Release : 2002

Category : Law

ISBN : 9789062158423

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Book Description

This book presents the conclusions of a study, concerning the legal, politico-institutional and practical feasibility of an EU criminal records database. The November 2000 Mutual Recognition Plan called for such a study in view of the individualisation of sanctions by judges in the member states and the mutual recognition of disqualifications. The purpose is to find the best way the member states' competent authorities can be informed of an individual's criminal convictions. The study developed recommendations concerning the content and the organisation of an EU criminal records database, taking into account requirements of data protection, identification, notification of the persons involved, rehabilitation and translation. Access to the database by member states, EU bodies, third bodies and third states has been clearly defined, as well as access for employees in vulnerable professions. The proposal for an EU criminal records database takes due account of extensive feedback received from the bodies involved in international exchange of criminal records information and key-actors from the EU member states' and candidate member states' competent authorities. In addition, the responses of these states to the research questionnaire were collected and included. Undoubtedly, this book will be an asset to everyone who is interested in the exchange of information between the EU member states and bodies in criminal matters.



Readings on Criminal Justice, Criminal Law & Policing

Author : Marc Cools

Publisher : Maklu

Page : 384 pages

File Size : 30,73 MB

Release : 2009

Category : Law

ISBN : 9046602419

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Book Description

In today's globalized society, an international exchange of ideas and views is indispensable within the field of social sciences, including criminology and criminal justice studies. The research group Governance of Security (GofS) fosters contemporary international discourses on issues of crime and crime control. In 2008, GofS started a research paper series, combining theoretical and empirical articles on issues reflecting the research activities of GofS. This research group is a collaboration between Ghent University and Ghent University College in Belgium. GofS concentrates its research around the study of administrative and judicial policy that have been developed with respect to new issues of crime and insecurity. The GofS series - Governance of Security Research Papers (GofS) - is published by Maklu Publishing (Belgium). Readings on Criminal Justice, Criminal Law and Policing - Volume 2 of GofS's series Governance of Security Research Papers - includes the following: Punishment across Borders: The Rationales behind International Execution of Sentences . Interpreting the Concept of 'Discretionary Power' within the Execution of Sentences: A Comparison between the Belgian and French Situation . Esperanto for EU Crime Statistics: Towards Common European Offense Definitions in an EU-level Offense Classification System . Developing a Framework for the Legal Rights of Victims and Witnesses . What Can European Institutions and the International Criminal Court Learn from Each Other? . Purpose Limitation in EU-US Data Exchange in Criminal Matters: The Remains of the Day . Some Criminal Law Reflections on the Sexual Transmission of HIV . Reading about Crime in Post-Intervention Societies: A Critical Assessment . Policing and Leadership: The Case of the Belgian Chiefs of the Local Police . Reflections on the Possible Integration of Intelligence-Led Policing into Community Policing: The Belgian Case . Reliability and Correlational Validity of Police Interview Competences: Assessing the Stability of the Police Interview Competency Inventory . The Role of Europol in Joint Investigation Teams: A Foretaste of an Executive European Police Office? . Checking Aspects of a "Nodal Orientation" for Policing the Port of Antwerp.



Towards a System of European Criminal Justice

Author : Andrea Ryan

Publisher : Routledge

Page : 317 pages

File Size : 24,12 MB

Release : 2014-06-05

Category : Law

ISBN : 1317671171

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Book Description

With the developing landscape of a European criminal justice sphere comes an increasing imperative for scholars and practitioners to gain some insight into the diversity that exists in the criminal justice systems of European Union Member States. This book explores the mutual admissibility of evidence; a facet of EU criminal justice that is proving difficult to realise. While the Lisbon Treaty places the issue of mutual admissibility of evidence squarely on the agenda, the EU instruments to date have not succeeded in achieving this goal. Andrea Ryan argues that part of the reason for this failure is that while the mutual recognition instruments have focussed on the issue of gathering evidence and safeguarding suspects’ rights, they have not addressed how evidence is to be presented and contested at trial. Drawing upon case studies from Ireland, France and Italy, and adopting a legal cultural perspective, and enriched by the author’s observations of criminal trials, the book presents a detailed analysis of the developments to date in EU criminal justice and evidence law. By examining evidence practices the book asks whether the inquisitorial and accusatorial traditions within the EU systems are too irreconcilable to achieve a system of mutual admissibility of evidence. The book will be of great interest and use to academics and practitioners with an interest in European and comparative criminal justice, criminal procedure, human rights and socio-legal studies.



EU Criminal Law

Author : Valsamis Mitsilegas

Publisher : Bloomsbury Publishing

Page : 805 pages

File Size : 33,94 MB

Release : 2022-05-05

Category : Law

ISBN : 1509904174

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Book Description

This is the second edition of EU Criminal Law, which has become since its publication in 2009 a key point of reference in the field. The second edition is updated and substantially expanded, to take into account the significant growth of EU criminal law as a distinct legal field and the impact of the entry into force of the Lisbon Treaty on European integration in criminal matters. The book offers a holistic and in-depth analysis of the key elements of European integration in criminal matters, including EU powers and competence to criminalise, the evolution of judicial co-operation under the principles of mutual recognition and mutual trust, EU action in the field of criminal procedure including legislation on the rights of the defendant and the victim, the evolving role of European bodies and agencies (such as Europol, Eurojust and the European Public Prosecutor's Office) in European criminal law, and the development of EU-wide surveillance and data gathering and exchange mechanisms. Several chapters are devoted to the external dimension of EU action in criminal matters (including transatlantic counter-terrorism cooperation and the impact of Brexit on EU Criminal Law) Throughout the volume, the constitutional and fundamental rights implications of European integration in criminal matters are highlighted. Covering all the key principles of EU law, with clear explanation and rigorous analysis, this will give scholars, students, policy makers and legal practitioners interested in the subject a strong understanding of this fascinating but sometimes complex field.



The Disqualification Triad

Author : Gert Vermeulen

Publisher : Maklu

Page : 343 pages

File Size : 41,83 MB

Release : 2012

Category : Law

ISBN : 9046605213

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Book Description

In the past decades, the European Union has made little progress with respect to disqualifications as a sanction mechanism for the violation of laws. The creation of some form of harmonization is necessary, but the complex nature of this specific sanction mechanism has caused policy initiatives to be postponed, time after time. In answer to a call from the European Commission, the contributors in this book have conducted a comparative legal analysis in the EU 27 and looked into the practical experiences with disqualifications from a domestic and a cross border perspective. To that end, academics, policy makers, and practitioners in the Member States have been consulted. Analysis reveals a wide variety in the typology of the disqualifications as a sanction measure, the typology of the persons to whom the disqualifications can be imposed, and the typology of the authorities involved. Furthermore, there are considerable differences with respect to the inclusion of disqualifications in the national criminal records databases. Linked thereto information on foreign disqualifications is scarce and rarely used in practice. To ensure a comprehensive and consistent policy approach, this book has come up with a so called disqualification triad, comprising: (1) unified EU-wide disqualifications, (2) mutual recognition of disqualifications, and (3) EU-wide equivalent effect of disqualifications. The functioning of the disqualification triad has been further elaborated on in three case studies, which are public procurement disqualifications, disqualifications from working with children, and driving disqualifications. In doing so, this book is essential reading for both EU and national policy makers, as well as for researchers and practitioners involved. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 45)



Fundamental Rights and Legal Consequences of Criminal Conviction

Author : Sonja Meijer

Publisher : Bloomsbury Publishing

Page : 311 pages

File Size : 25,1 MB

Release : 2019-06-27

Category : Law

ISBN : 1509920994

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Book Description

The legal position of convicted offenders is complex, as are the social consequences that can result from a criminal conviction. After they have served their sentences, custodial or not, convicted offenders often continue to be subject to numerous restrictions, in many cases indefinitely, due to their criminal conviction. In short, criminal convictions can have adverse legal consequences that may affect convicted offenders in several aspects of their lives. In turn, these legal consequences can have broader social consequences. Legal consequences are often not formally part of the criminal law, but are regulated by different areas of law, such as administrative law, constitutional law, labour law, civil law, and immigration law. For this reason, they are often obscured from judges as well as from defendants and their legal representatives in the courtroom. The breadth, severity and longevity and often hidden nature of these restrictions raises the question of whether offenders' fundamental rights are sufficiently protected. This book explores the nature and extent of the legal consequences of criminal convictions in Europe, Australia and the USA. It addresses the following questions: What legal consequences can a criminal conviction have? How do these consequences affect convicted offenders? And how can and should these consequences be limited by law?



EU Criminal Justice, Financial & Economic Crime

Author : Marc Cools

Publisher : Maklu

Page : 322 pages

File Size : 23,62 MB

Release : 2011

Category : Law

ISBN : 9046604381

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Book Description

This fifth volume of the Governance of Security (GofS) Research Paper series addresses a wide variety of topical issues focusing on European criminal justice and financial and economic crime. The first cluster of articles is concerned with European criminal justice matters particularly relating to EU mutual recognition, such as: conceptualization, unwanted effects in the context of prisoner transfer and sentence execution, impact for cross-border gathering and use of forensic expert evidence, and interrogational fairness standards. A second cluster of articles addresses the subjects of financial and economic crime, ranging from informal economy (among street children) to formal/informal economy (vulnerability of the hotel and catering industry to crime) and white collar crime phenomena like (transnational) environmental crime and corruption. A final cluster groups together a variety of selected topical issues, including juvenile offending and mental disorders, desistance theories, and sexually transmitted infections.



Uses and Consequences of a Criminal Conviction

Author : Margaret Fitzgerald O'Reilly

Publisher : Springer

Page : 299 pages

File Size : 30,36 MB

Release : 2018-11-23

Category : Social Science

ISBN : 1137596627

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Book Description

This book examines the increasing retention and use of previous criminal record information, within and beyond the criminal justice system. There remains a misconception that once an offender has served the penalty for an offence, his or her dealings with the law and legal system in relation to that offence is at an end. This book demonstrates that in fact the criminal record lingers and permeates facets of the person's life far beyond the de jure sentence. Criminal records are relied upon by key decision makers at all stages of the formal criminal process, from the police to the judiciary. Convictions can affect areas of policing, bail, trial procedure and sentencing, which the author discusses. Furthermore, with the increasing intensifying of surveillance techniques in the interests of security, ex-offenders are monitored more closely post release and these provisions are explored here. Even beyond the formal criminal justice system, individuals can continue to experience many collateral consequences of a conviction whereby access to employment, travel and licenses (among other areas of social activity) can be limited as a consequence of disclosure requirements. Overall, this book examines the perpetual nature of criminal convictions through the evolution of criminal record use, focussing on the Irish perspective, and also considers the impact from a broader international perspective.



Immigration and Privacy in the Law of the European Union

Author : Niovi Vavoula

Publisher : BRILL

Page : 780 pages

File Size : 22,51 MB

Release : 2022-09-12

Category : Law

ISBN : 9004356118

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Book Description

Immigration and Privacy in the Law of the European Union: The Case of Information Systems examines the privacy challenges posed by the establishment and operation of pan-European centralised databases processing personal data of different categories of third-country nationals.