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Availability of Law Enforcement Information in the European Union

Author : Gert Vermeulen

Publisher : Maklu

Page : 112 pages

File Size : 15,74 MB

Release : 2005

Category : European cooperation

ISBN : 904660005X

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Book Description

This book presents the results of a study on the availability of law enforcement information in the EU, conducted for the European Commission. In order to strengthen the area of freedom, security and justice, the November 2004 Hague Programme called for an innovative approach towards cross-borderexchange of law enforcement relevant information. The principle introduced in this respect is that of availability of such information for law enforcement services throughout the EU, rendering the border-crossing of it largely irrelevant. The book contains two proposals. The first seeks to improve the cross-border exchange of law enforcement relevant information through the introduction of the principle of mutual recognition of 'pre-evidence warrants' as a primary way for implementing the availability concept. The second proposal offers a blueprint for a European Law Enforcement Services Index System (ELESIS), as an indispensable tool for supporting the availability of law enforcement relevant information throughout the EU. Both proposals take due account of extensive feedback received from experts involved in cross-border exchange of law enforcement information as well as from civil liberties organisations and data protection specialists. In addition, the responses of member states to relevant official questionnaires were collected and included. This book is essential reading for policy makers, judicial and law enforcement authorities throughout the European Union or from a broader international context. It will be appealing also to researchers and anyone involved or taking an interest in combating (cross-border) crime at a European or international level.



Policing the European Union

Author : Malcolm Anderson

Publisher : Oxford University Press on Demand

Page : 331 pages

File Size : 11,1 MB

Release : 1995

Category : History

ISBN : 9780198259657

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Book Description

International co-operation in criminal law enforcement has become a centrally important policy issue for Europe in the 1990s. In criminal matters, when a decision is taken to go beyond the discretionary exchange of information towards institutionalized police co-operation, a whole Pandora'sbox of issues and problems is opened. This book, based on interviews in a wide variety of documentary sources, examines the progress of this co-operation. The authors cover all the major and theoretical issues associated with the emerging pattern of co-operation, including the harmonization ofcriminal law and criminal procedure, law enforcement strategies, police organization and discipline, and the politics of immigration and civil liberties. In a European Union without internal border controls there is widespread agreement on the objective of closer police co-operation. But prospects in some areas are not good and there are potential pitfalls, even dangers, along the road to more integrated arrangements. The authors conclude by makingrecommendations that proper accountability arrangements are a prerequisite of a balanced and efficient system of European police co-operation.



EU Law Enforcement

Author : Stefano Montaldo

Publisher : Routledge

Page : 511 pages

File Size : 21,94 MB

Release : 2021-02-22

Category : Law

ISBN : 0429582773

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Book Description

The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.



Europol and Police Cooperation in Europe

Author : Michael Santiago

Publisher : Edwin Mellen Press

Page : 280 pages

File Size : 12,75 MB

Release : 2000

Category : Political Science

ISBN :

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Book Description

This research examines the European intelligence agency, Europol. It looks at the application of the centralized mode of information exchange to the information and intelligence exchange process between Europol and member states. The data gathered shows whether this agency is the most appropriate mode of data collection, or whether another model should have been adopted.



Private Enforcement of European Competition and State Aid Law

Author : Ferdinand Wollenschläger

Publisher : Kluwer Law International B.V.

Page : 439 pages

File Size : 43,81 MB

Release : 2020-01-09

Category : Law

ISBN : 940350210X

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Book Description

Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.



SOCTA 2013

Author :

Publisher :

Page : pages

File Size : 14,45 MB

Release : 2013

Category :

ISBN :

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Book Description

This strategic report is Europol's flagship product providing information to Europe's law enforcement community and decision-makers about the threat of serious and organised crime to the EU. The SOCTA is the cornerstone of the multiannual policy cycle established by the EU in 2010. This cycle ensures effective cooperation between national law enforcement agencies, EU institutions, EU agencies and other relevant partners in the fight against serious and organised crime. Building on the work of successive EU organised crime threat assessments (OCTA), produced between 2006 and 2011, and in line with a new methodology developed in 2011 and 2012, this is the inaugural edition of the SOCTA.



Information Exchange and EU Law Enforcement

Author : Anna Fiodorova

Publisher : Routledge

Page : 282 pages

File Size : 25,86 MB

Release : 2018-05-16

Category : Law

ISBN : 1351240242

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Book Description

Presenting an integrated approach to information exchange among law enforcement institutions within the EU, this book addresses the dilemma surrounding the need to balance the security of individuals and the need to protect their privacy and data. Providing the reader with a comprehensive analysis of information exchange tools, exploring their history, political background, the most recent legal modifications and the advantages and disadvantages of their use, it includes a comparison between different information exchange tools. Written by an author who has worked as a police officer, Home Affairs counsellor and academic, this is an important read for scholars working with EU Law, Criminal Procedure Law, and International Law as well as for practitioners who directly deal with international police cooperation or who perform criminal investigation both within and outside the EU.



Constitutional Challenges in the Algorithmic Society

Author : Hans-W. Micklitz

Publisher : Cambridge University Press

Page : 341 pages

File Size : 23,23 MB

Release : 2021-12-02

Category : Law

ISBN : 1108906923

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Book Description

New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors. This title is also available as Open Access on Cambridge Core.



Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe

Author : Ángeles Gutiérrez Zarza

Publisher : Springer

Page : 0 pages

File Size : 38,7 MB

Release : 2016-08-23

Category : Law

ISBN : 9783662512593

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Book Description

In the past 10 years, the Member States of the European Union (EU) have intensified their exchange of information for the purposes of preventing and combating serious cross-border crime, as manifested in three main aspects. Firstly, there is a need to ensure the practical application of innovative principles (availability, mutual recognition) and concepts (Information Management Strategy, European Information Exchange Model) for tackling criminal organisations and networks that threaten the Internal Security of the EU. Secondly, there has been a gradual consolidation of EU agencies and bodies (Eurojust, Europol) aimed at promoting cooperation and dialogue among law enforcement officials and judicial authorities responsible for preventing and combating drug trafficking, trafficking in human beings, child pornography, and other serious trans-national offences. Thirdly, important EU information systems and databases (Prüm, SIS-II, ECRIS) have been created, enabling law enforcement and judicial authorities to gain access to essential information on criminal phenomena and organisations. Pursuing a practice-orientated approach, this work provides comprehensive coverage of all these measures, as well as the applicable rules governing data quality, data protection and data security. It is especially intended for law enforcement and judicial authorities who need to develop the appropriate expertise for the practical application of the above-mentioned principles. It also offers a solid basis of practical training material for police training centres and judicial schools.



Preventive Justice

Author : Andrew Ashworth

Publisher : OUP Oxford

Page : 380 pages

File Size : 29,67 MB

Release : 2014-03-27

Category : Law

ISBN : 0191021059

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Book Description

This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.