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The Governance of Criminal Justice in the European Union

Edited by: Ricardo Pereira, Annegret Engel, Samuli Miettinen

ISBN13: 9781788977289
Published: December 2020
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £95.00



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This timely book provides an astute assessment of the institutional and constitutional boundaries, interactions and tensions between the different levels of governance in EU criminal justice. Probing the conceptual and theoretical underpinnings of the EU’s approach to transnational crime, it proposes improved mechanisms for public participation in the governance of EU criminal law, designed to ensure better transparency, accountability and democratic controls.

Influential scholars from across Europe analyse key practical challenges to the governance of EU criminal law in the context of specific crimes, including financial crime, cybercrime and environmental crime. Offering sector-specific perspectives on tackling transnational crime, insightful chapters examine the potential options for criminal-law cooperation between the EU and the UK after Brexit, and consider to what extent these avenues may represent enhanced mechanisms for the governance of transnational crimes and common security threats in the future.

This important study will prove crucial reading for academics, researchers and postgraduate students examining EU, transnational and comparative criminal law, as well as European integration studies and constitutional law more broadly. Practitioners and policy-makers working in the EU’s Area of Freedom, Security and Justice will also benefit from this book’s practical insights into the mechanisms of EU law and justice.

Subjects:
Criminal Law, EU Law
Contents:
1. Introduction
Ricardo Pereira, Annegret Engel and Samuli Mietinnen
PART I: MULTI-LEVEL CRIMINAL JUSTICE GOVERNANCE IN THE EUROPEAN UNION: CONSTITUTIONAL DIMENSIONS
2. After Brexit: Reframing EU-UK cooperation in criminal matters
Valsamis Mitsilegas
3. Opting in or opting out? The EU’s variable geometry in the area of freedom, security and justice
Annegret Engel
4. The boundaries between the EU and Member States’ competences in criminal matters: reflections on
post-Lisbon developments
Kerttuli Lingenfelter
5. EU criminal justice and the diversity of legal cultures in Europe
Renaud Colson and Stewart Field
PART II: MODELS FOR CRIMINAL JUSTICE COOPERATION AND THE GOVERNANCE OF SPECIFIC CRIMES
6. Transnational responses to trafficking in human beings in Europe: models for more inclusive governance mechanisms
Chloé Brière
7. Building an effective control of financial crime? The role of criminal law and transnational cooperation in the European Union
Christopher Harding
8. Better cybersecurity, better democracy? The public interest case for amending the Convention on Cybercrime n.185 and the Directive 2013/40/EU on Attacks against Information Systems
Audrey Guinchard
9. The development of environmental criminal law enforcement in the European Union: from institutional
fragmentation to European environmental criminal justice governance?
Ricardo Pereira
PART III: PROCEDURAL RIGHTS FOR ASSERTION OF PARTICIPATORY GOVERNANCE IN EU CRIMINAL JUSTICE
10. Access to documents under EU law and the area of freedom, security and justice: legal framework and judicial practice
Petri Freundlich
11. Children’s rights and child participation in criminal proceedings
Wendy De Bondt and Heleen Lauwereys
Index