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The Fight Against Impunity in EU Law


ISBN13: 9781509926879
Published: November 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781509945610



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The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication?

This timely book is the first comprehensive research to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. Over the last years, the fight against impunity has amounted to a pressing concern for the European institutions. It has shaped several EU policies and has become a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice.

This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.

Subjects:
International Criminal Law, EU Law
Contents:
1. Introduction: Is There a Fight against Impunity in the EU Legal System?
Luisa Marin and Stefano Montaldo
PART A. IMPUNITY IN EU LAW: A CONCEPTUAL APPRAISAL
2. Conceptualising Impunity in the Law of the European Union
Valsamis Mitsilegas
3. Fundamental Rights-Oriented Repression in the EU? Exploring the Potential and Limits of an Impunity Rationale to Justify Criminalisation in the EU Legal Order
Jannemieke Ouwerkerk
4. The Role of the Fight against Impunity in EU Criminal Policy Preparation and Evaluation
Wouter van Ballegooij
PART B. THE FIGHT AGAINST IMPUNITY AND THE ALLOCATION OF CRIMINAL JURISDICTION IN THE EU
5. EU Substantive Criminal Law and Jurisdiction Clauses: Claiming Jurisdiction to Fight Impunity?
Martin Bose
6. Between Impunity and the Protection of Fundamental Rights: The Case Law of the CJEU and the ECtHR on the ne bis in idem Principle
Bas van Bockel
7. Impunity and Conflicts of Jurisdiction within the EU: The Role of Eurojust and Challenges for Fundamental Rights
Athina Giannakoula
8. The Fight against Impunity between EU and National Legal Orders: What Role for the EPPO?
Costanza Di Francesco Maesa
PART C. THE FIGHT AGAINST IMPUNITY AND THE EU INSTRUMENTS IMPLEMENTING THE PRINCIPLE
OF MUTUAL RECOGNITION IN CRIMINAL MATTERS
9. The European Supervision Order: The Need for a New Culture of Combating Impunity
Serena Quattrocolo
10. Information Sharing as a Tool in the Fight against Impunity in the European Union
Francesca Galli
11. Clash of the Titans: The Fight against Impunity versus Social Rehabilitation and the Protection of Fundamental Rights within the Framework of Prisoner Transfers in the EU
Alessandro Rosano
PART D. IMPUNITY AND NEW SURVEILLANCE TECHNOLOGIES UNDER EU LAW
12. Stepping Up the Fight against Impunity in EU Law: Access to Immigration Databases by National Law Enforcement Authorities and Europol
Niovi Vavoula
13. Enhancing Policing through Algorithmic Surveillance
Mariavittoria Catanzariti
14. Fighting Impunity with New Tools: How Big Data, Algorithms, Machine Learning and AI Shape the New Era of Criminal Justice
Mojca M Plesnicar, Aleš Završnik and Pika Šarf
PART E. THE FIGHT AGAINST IMPUNITY AND THE EXTERNAL DIMENSION OF THE AFSJ
15. International Fight against Impunity and EU Counter-Terrorism Law: The Case of Foreign Terrorist Fighters 9
Ermioni Xanthopoulou and Theodore Konstadinides
16. Impunity and EU or Member States' Extradition Agreements
with Third Countries
Stefano Saluzzo
17. Commercial Data Transfers and Liaison Officers: What Data Protection Rules Apply in the Fight against Impunity When Third Countries Are Involved?
Christina Eckes and Dominique Barnhoorn
18. The Court of Justice of the European Union and the International Criminal Court: The Fight against Impunity between Complementarity and Mandatory Requirements
Aurora Rasi

Series: Hart Studies in European Criminal Law

EU Fair Trial Rights in Criminal Proceedings ISBN 9781509938643
To be published May 2024
Hart Publishing
£100.00
Corporations and the Privilege against Self-Incrimination ISBN 9781509953318
To be published December 2022
Hart Publishing
£85.00
The Fight Against Impunity in EU Law ISBN 9781509945610
Published June 2022
Hart Publishing
£41.99
The Legitimacy of EU Criminal Law ISBN 9781509944392
Published January 2022
Hart Publishing
£36.99
Criminal Liability of Managers in Europe: Punishing Excessive Risk ISBN 9781509944958
Published February 2021
Hart Publishing
£36.99
The Principle of Mutual Trust in EU Criminal Law ISBN 9781509924547
Published February 2021
Hart Publishing
£80.00
The Principle of Mutual Trust in EU Criminal Law (eBook) ISBN 9781509924554
Published February 2021
Hart Publishing
£35.99
(ePub)
Buy
The Fight Against Impunity in EU Law (eBook) ISBN 9781509926886
Published November 2020
Hart Publishing
£37.79
(ePub)
Buy
The Legitimacy of EU Criminal Law ISBN 9781509919741
Published July 2020
Hart Publishing
£80.00
The Legitimacy of EU Criminal Law (eBook) ISBN 9781509919758
Published July 2020
Hart Publishing
£33.29
(ePub)
Buy
The Needed Balances in EU Criminal Law: Past, Present and Future ISBN 9781509937493
Published April 2020
Hart Publishing
£49.99
£41.99
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law ISBN 9781509934744
Published November 2019
Hart Publishing
£36.99
£41.99
£36.99
Criminal Liability of Managers in Europe: Punishing Excessive Risk (eBook) ISBN 9781509914982
Published December 2018
Hart Publishing
£33.29
(ePub)
Buy
Criminal Liability of Managers in Europe: Punishing Excessive Risk ISBN 9781509914975
Published December 2018
Hart Publishing
£80.00
White Collar Crime: A Comparative Perspective ISBN 9781509917891
Published November 2018
Hart Publishing
£110.00
White Collar Crime: A Comparative Perspective (eBook) ISBN 9781509917907
Published November 2018
Hart Publishing
£99.00
(ePub)
Buy
The Needed Balances in EU Criminal Law (eBook) ISBN 9781509917020
Published December 2017
Hart Publishing
£44.99
(ePub)
Buy
Redefining Organized Crime: A Challenge for the European Union? ISBN 9781509904709
Published December 2017
Hart Publishing
£90.00
The Needed Balances in EU Criminal Law ISBN 9781509917006
Published December 2017
Hart Publishing
£110.00
£37.79
(ePub)
Buy
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law ISBN 9781509903351
Published July 2017
Hart Publishing
£80.00
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law (eBook) ISBN 9781509903375
Published July 2017
Hart Publishing
£33.29
(ePub)
Buy
£90.00
£37.79
(ePub)
Buy
£33.29
(ePub)
Buy
Challenges in the Field of Economic and Financial Crime in Europe and the US ISBN 9781509908035
Published February 2017
Hart Publishing
£80.00