<TitleType>01</TitleType> <TitleText>Études européennes</TitleText>

Éditions de l'Université de Bruxelles onixsuitesupport@onixsuite.com 20260909 eng

COM.ONIXSUITE.9782800417219 03 01 EUB 01 SKU 1721 02 2800417218 03 9782800417219 15 9782800417219 BC 02 13780352 <TitleType>01</TitleType> <TitleText>Études européennes</TitleText> B09 Chloé Brière Brière, Chloé Chloé Brière B09 François Foret Foret, François François Foret B14 Nathalie Brack Brack, Nathalie Nathalie Brack B14 Ramona Coman Coman, Ramona Ramona Coman B14 Amandine Crespy Crespy, Amandine Amandine Crespy B14 Julien Jeandesboz Jeandesboz, Julien Julien Jeandesboz B14 Nicolas Levrat Levrat, Nicolas Nicolas Levrat B14 Frédéric Mérand Mérand, Frédéric Frédéric Mérand B14 Luca Tomini Tomini, Luca Luca Tomini B14 Nicolas Verschueren Verschueren, Nicolas Nicolas Verschueren <TitleType>01</TitleType> <TitleText textcase="02">Criminal Procedures and Cross-Border Cooperation in the EU Area of Criminal Justice</TitleText> <Subtitle textcase="02">Together but apart?</Subtitle> 01 GCOI 74530100790750 1 B01 Élodie Sellier Sellier, Élodie Élodie Sellier Élodie Sellier is a PhD candidate in law at the Université libre de Bruxelles. Her research focuses on cooperation between intelligence, law enforcement and the military in the area of EU counterterrorism, as well as the AFSJ-CFSP nexus. 2 B01 Anne Weyembergh Weyembergh, Anne Anne Weyembergh Anne Weyembergh est vice-doyenne de la Faculté de droit et de criminologie de l'Université libre de Bruxelles, présidente émérite de l'Institut d'études européennes de l'Université libre de Bruxelles et professeure à la Faculté de droit et de criminologie de l'Université libre de Bruxelles. 3 A23 Pedro Caeiro Caeiro, Pedro Pedro Caeiro Pedro Caeiro is Dr. and Assistant Professor of Criminal Law at the Faculty of Law (Universidade de Coimbra). 06 Universidad de Coimbra https://apps.uc.pt/mypage/faculty/pcaeiro/en 4 A24 Élodie Sellier Sellier, Élodie Élodie Sellier Élodie Sellier is a PhD candidate in law at the Université libre de Bruxelles. Her research focuses on cooperation between intelligence, law enforcement and the military in the area of EU counterterrorism, as well as the AFSJ-CFSP nexus. 5 A24 Anne Weyembergh Weyembergh, Anne Anne Weyembergh Anne Weyembergh est vice-doyenne de la Faculté de droit et de criminologie de l'Université libre de Bruxelles, présidente émérite de l'Institut d'études européennes de l'Université libre de Bruxelles et professeure à la Faculté de droit et de criminologie de l'Université libre de Bruxelles. 6 A32 Petra Bárd Bárd, Petra Petra Bárd Dr Petra Bárd is an Associate Professor at Eötvös Loránd University, Faculty of Law, Department of Criminology, where she teaches EU criminal law, EU human rights and criminal justice, criminal policy, and criminology. She is Visiting Professor and Researcher at the Central European University's Legal Studies Department and lectures at other universities across Europe including Belgrade, Frankfurt and Vienna. She participates in numerous international research consortia, such as RECONNECT, an H2020 project on 'Reconciling Europe with its Citizens through Democracy and Rule of Law’; JUD-IT on cross-border access to electronic data in EU judicial cooperation in criminal matters; and is principle investigator of a research team targeting hate crimes, at the Hungarian Academy of Sciences. In her research and about 170 pieces of academic publications – including several monographs – she targets issues at the intersection of the rule of law, human rights, EU criminal cooperation, mutual recognition and mutual trust. She regularly authors studies on the rule of law, media pluralism, minority protection, victims’ rights and EU criminal justice for the European Parliament, and other EU institutions or agencies. 7 A32 Aart de Vries de Vries, Aart Aart de Vries Aart de Vries is a PhD researcher at the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE) and the Willem Pompe Institute for Criminal Sciences of Utrecht University, in the Netherlands. In his dissertation, he studies the asymmetries in the context of transnational enforcement that result from the indirect enforcement model of European Union law, identifies the connected problems and gaps, and provides recommendations to solve those issues. To this avail, he assesses the architecture of punitive enforcement of European Union law in the fields of fiscal customs legislation, financial regulation and environmental law in the Netherlands, Germany and France, and analyses how these systems interact in a cross-border enforcement context. 8 A32 Joske Graat Graat, Joske Joske Graat Joske Graat is a PhD candidate at Utrecht University and is affiliated to the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE). Her PhD research focuses on the protection of citizens against arbitrary interferences with their legal position in the Area of Freedom, Security and Justice. Alongside her PhD, she participated in research projects on whistleblower protection for the Albanian Ministry of Justice and on the transfer of prisoners and the investigatory powers of OLAF for the European Commission. 9 A32 Diana Ionescu Ionescu, Diana Diana Ionescu Dr Diana Ionescu is a lecturer at the Faculty of Law within the Babeș-Bolyai University in Cluj-Napoca and a criminal defence attorney. She received a master's degree from this University in 2002, as well as a Ph.D. in law in 2012. The research subject was 'The right to silence in criminal proceedings'. She has studied comparative law at the International Faculty of Comparative Law in Strasbourg (cycles I, II and III) and the Faculty of Law of the University of Cambridge ('English Legal Method’). She obtained a certificate in European criminal law at the Institute of European Studies within the Université libre de Bruxelles. She focuses on Romanian criminal procedure and European and comparative criminal procedure. A topic that is usually present in her publications is the impact of historical legacies on present patterns of criminal justice. In 2007, she was involved in the drafting of the New Criminal Procedure Code as a member of the Ministry of Justice’s committee. 10 A32 Tony Marguery Marguery, Tony Tony Marguery Tony Marguery is Assistant Professor of European Law at the University of Utrecht. Previous to his academic appointments he worked as a defence lawyer in France until 2001. He is the author of a considerable number of publications on EU criminal law, Dutch criminal law and French criminal law. His monograph compares prosecution services in the Czech, Dutch, French and Polish systems. His most recent EU funded research project was on EU mutual recognition instruments on transfers of convicted persons in the EU and the protection of fundamental rights, especially the protection against torture and degrading treatment, the right to a fair trial and the right to private and family life. 11 A32 Daniel Niţu Niţu, Daniel Daniel Niţu Dr Daniel Niţu is a lecturer at the Faculty of Law within the Babeş-Bolyai University in Cluj-Napoca and a criminal defence attorney in one of the largest law firms in Romania. He has a master's degree from the same university (2005), as well as a PhD in law (2012). His PhD thesis is entitled 'The immunity of heads of states in criminal law’. Daniel is a specialist in Romanian criminal law, European criminal law and international criminal law. He teaches Romanian criminal law – general part – and European law at the Faculty of Law in Cluj. He was a member of the Ministry of Justice’s committee for the drafting of the Implementation Law of the New Criminal Code in 2010, as well as a member of the Superior Council of Magistracy committee for promotion to the High Court of Cassation and Justice of Romania, Criminal Section, in 2013 – 2015, 2017 and 2018. Since 2014 he lectures judges and public prosecutors at the National Institute of Magistracy in Bucharest. Since 2016, Daniel is the chair of the Public Law Department within the Faculty of Law in Cluj-Napoca. 12 A32 Alexander Oppers Oppers, Alexander Alexander Oppers Alexander Oppers is currently a research associate at the major German law firm Heuking Kühn Lüer Wojtek, where he deals with data protection and IT law issues and drafts legal tech-based contracts for clients. In May 2018, Alexander Oppers passed his second state examination after completing his legal traineeship in Leipzig. Already at the time of his university education at the Westfälische Wilhelms-Universität in Münster, he discovered his passion for criminal law. During a six-month study period in Lucerne, Switzerland, Alexander Oppers attended the first interdisciplinary lecture in such a form by the jurist Prof. Dr. Jörg-Beat Ackermann and the chief physician of the Forensic Psychiatric Clinic of the UPK Basel, Prof. Dr. Marc Graf, whereby Alexander Oppers grasped the implications of state intervention on perpetrators and victims. He expanded this interest in a criminological focus at his home university. Early in 2018, Alexander Oppers worked at the Max Planck Institute for Foreign and International Criminal Law in Freiburg. 13 A32 Élodie Sellier Sellier, Élodie Élodie Sellier Élodie Sellier is a PhD candidate in law at the Université libre de Bruxelles. Her research focuses on cooperation between intelligence, law enforcement and the military in the area of EU counterterrorism, as well as the AFSJ-CFSP nexus. 14 A32 Perrine Simon Simon, Perrine Perrine Simon Dr Perrine Simon is currently Liaison Officer for the University of Luxembourg based in Vientiane, Laos working with the Faculty of Law and Political Science of the National University of Laos. She holds a PhD in EU Criminal law ('The criminalisation competence of the European Union. Research on the European criminal power') from the University of Luxembourg and the University Paris Est. She is qualified in France as Assistant Professor in France in public law. 15 A32 Thomas Wahl Wahl, Thomas Thomas Wahl Thomas Wahl is a senior researcher within the Department of Public Law of the Max Planck Institute for the Study of Crime, Security and Law (formerly known as Max Planck Institute for Foreign and International Criminal Law) Freiburg im Breisgau, Germany. He is responsible for European Law. His academic work focuses on EU criminal law instruments and the law of the Council of Europe, e.g. the European Convention on Human Rights, criminal law conventions, and conventions on mutual legal assistance in criminal matters. He is an international expert on judicial and police cooperation, extradition, procedural safeguards in criminal proceedings, data protection, and the fight against terrorism. He was involved in several research projects on European criminal law, including ECLAN's study "The future of mutual recognition in criminal matters in the European Union", for which he was the national rapporteur for Germany. He studied European law and international public law, and underwent foreign legal language training in French and Arabic at the University of Passau. He passed the Second State Bar Exam at the OLG Munich in 2003. 06 Max Planck Institut https://csl.mpg.de/de/personen/thomas-wahl 16 A32 Anne Weyembergh Weyembergh, Anne Anne Weyembergh Anne Weyembergh est vice-doyenne de la Faculté de droit et de criminologie de l'Université libre de Bruxelles, présidente émérite de l'Institut d'études européennes de l'Université libre de Bruxelles et professeure à la Faculté de droit et de criminologie de l'Université libre de Bruxelles. 01 eng 05 456 03 LAW027000 29 2012 3280 Droit de l'Union européenne 24 Publishers own classification DRO Law 93 LB 01 For the past decade, judicial cooperation in criminal matters in the European Union has been premised on the principle of mutual recognition. Its operation presupposes the acceptance of mutual trust between the – diverse – legal systems of the Member States. That trust is grounded on their shared commitment to the principles of freedom, democracy, respect for human rights and the rule of law. Since the entry into force of the Lisbon Treaty, the EU legislator has adopted six directives on the procedural rights of defendants, together with one directive on victims' rights. However, against the background of intense legislative activity in criminal matters, illustrated by the adoption of the EPPO Regulation and the release of the E-Evidence Proposal, recent debates questioned whether further approximation efforts should be undertaken in the field of procedural criminal law. In this context, this edited volume examines to what extent differences between national procedural criminal laws hinder the negotiations and the operation of cross-border cooperation instruments. It is based on a comparative analysis of a representative sample of Member States. It identifies several forms of "hindrances" to cross-border cooperation, ranging from mere delays to the suspension and the non-execution of assistance requests, alongside the striking underuse of some of the existing instruments. There is no simple or single answer to these challenges. Therefore, several non-legislative and legislative recommendations are put forward for the short- and long-term horizon. 03 For the past decade, judicial cooperation in criminal matters in the European Union has been premised on the principle of mutual recognition. Its operation presupposes the acceptance of mutual trust between the – diverse – legal systems of the Member States. That trust is grounded on their shared commitment to the principles of freedom, democracy, respect for human rights and the rule of law. Since the entry into force of the Lisbon Treaty, the EU legislator has adopted six directives on the procedural rights of defendants, together with one directive on victims' rights. However, against the background of intense legislative activity in criminal matters, illustrated by the adoption of the EPPO Regulation and the release of the E-Evidence Proposal, recent debates questioned whether further approximation efforts should be undertaken in the field of procedural criminal law. In this context, this edited volume examines to what extent differences between national procedural criminal laws hinder the negotiations and the operation of cross-border cooperation instruments. It is based on a comparative analysis of a representative sample of Member States. It identifies several forms of "hindrances" to cross-border cooperation, ranging from mere delays to the suspension and the non-execution of assistance requests, alongside the striking underuse of some of the existing instruments. There is no simple or single answer to these challenges. Therefore, several non-legislative and legislative recommendations are put forward for the short- and long-term horizon. 02 This book examines to what extent differences between national procedural criminal laws hinder the negotiations and the operation of cross-border cooperation instruments in the EU area of criminal justice. 04 Acknowledgments Foreword | Pedro CAEIRO List of abbreviations Introduction | Élodie SELLIER and Anne WEYEMBERGH I. Background and objectives of the research II. Literature review III. Methodology IV. Structure PART I - National contributions Chapter I - France: Smooth cooperation in criminal matters and a minimalistic approach towards the harmonisation of criminal procedural law | Perrine SIMON I. Introduction: the main features of the French criminal procedure, from the inquisitorial to the mixed model II. The 'a minima' transposition of the procedural rights directives for defendants III. The deficiencies of French rules on evidence, a potential obstacle to mutual recognition IV. Detention law, the gap between theory and practice V. The strong focus on protection of victims in French procedural criminal law VI. The scarcity of horizontal issues of judicial cooperation in criminal matters VII. Conclusion Chapter II - European criminal procedural law in Germany: between tradition and innovation | Thomas WAHL and Alexander OPPERS I. Introduction II. Transposition and implementation of procedural rights' directives for defendants III. Evidence law IV. Detention law V. Victims' law VI. Horizontal issues of implementation, coordination and cooperation VII. Conclusion and policy recommendations Chapter III - Hungary | Petra BÁRD I. Main features of national criminal procedure II. Transposition and implementation of procedural rights directives for defendants III. Evidence law IV. Detention law V. Victims' law VI. Horizontal issues of implementation, coordination and cooperation VII. Conclusions Chapter IV - The European Union's influence on criminal procedural law in the Netherlands: Driving forces, critical notes and possible future steps in criminal matters | Aart DE VRIES, Joske GRAAT, Tony MARGUERY I. Introduction II. A bird's-eye view of Dutch criminal procedural law III. The EU's instruments and their impact on Dutch criminal proceedings IV. Investigations and evidence under Dutch criminal law V. The system of pre-trial detention in the Netherlands and prison conditions in other Member States – central questions on detention from a Dutch perspective VI. Increased rights for the victim in Dutch criminal proceedings VII. Cross-border complexities VIII. To sum it all up – conclusions and recommendations from the Dutch perspective Chapter V - Romanian criminal procedure at a crossroads: Legacies of the past and current challenges | Daniel NIŢU and Diana IONESCU I. General background II. Main features of Romania's criminal procedure III. Transposition and implementation of procedural rights' Directives for defendants – minimum standards, gaps and delays IV. Romanian system of evidence law. The rule of law versus the finding of the truth, a continuous challenge V. Detention law in Romania. The difficult choice between a preventive measure and an anticipated penalty VI. Victim’s law. Extensive powers under statutory law, low level of use of these powers in practice VII. Horizontal issues of implementation, coordination and cooperation VIII. Conclusions. Policy recommendations PART II - Comparative study | Élodie SELLIER and Anne WEYEMBERGH Chapter I - Investigative measures I. Comparative analysis of investigation regimes II. Impact of these differences on cross-border cooperation Chapter II - Admissibility of illegally and improperly obtained evidence I. Comparative analysis of inadmissibility regimes II. Impact on cross-border cooperation Chapter III - Transnational investigations and equality of arms I. Different understandings of the principle of equality of arms II. Accommodating and circumventing differences by extreme reliance on national law: investigative tools, procedural safeguards and legal remedies III. Weak position of the defence in EU cross-border cooperation frameworks IV. Limited efforts undertaken by the EU to mitigate existing challenges V. Lack of consideration for the defence in EU cross-border cooperation frameworks Chapter IV - Pre-trial detention regimes and alternatives to detention I. Comparative analysis of pre-trial detention regimes II. Impact on mutual trust and mutual recognition Chapter V - Mutual recognition post-Aranyosi and Căldăraru: Diversity of approaches and resulting challenges I. Comparative analysis of approaches to surrender post-Aranyosi and Căldăraru II. Impact on mutual recognition Chapter VI - Compensation schemes for unjustified detention: Missing from the picture? I. Comparative analysis of compensation schemes II. Impact on mutual recognition and cross-border cooperation. Chapter VII - The right to be present at a trial and conditions of EAW surrenders I. Comparative analysis of national regimes governing in absentia trials II. Impact on mutual recognition Chapter VIII - Compensation schemes for victims I. Comparative analysis of compensation schemes II. Impact on cross-border cooperation Chapter IX - Protection measures for victims I. Comparative analysis of protection measures II. Impact on mutual recognition and cross-border cooperation PART III - Conclusion and recommendations | Élodie SELLIER and Anne WEYEMBERGH Chapter I - General assessment I. Practical impact of differences in criminal procedures on mutual recognition and cross-border cooperation II. How to cope with differences? Typology of existing trends among Member States... III. ... Alongside the 'flexibility approach’ developed by the EU IV. Imbalances and inconsistencies between actors and instruments Chapter II - Recommendations I. Practical recommendations and soft law tools II. Legislative action Biographies 23 01 https://www.editions-ulb.be/resources/titles/74530100790750/extras/1721-Intro.pdf 04 01 https://www.editions-ulb.be/resources/titles/74530100790750/extras/1721-TOC.pdf 43 The 'European Studies' collection publishes legal and political science works on major themes relating to European integration. 43 La collection « Études européennes » publie des ouvrages juridiques et de sciences politiques sur les grands thèmes de la construction européenne. 44 Created and directed from 1968 to 1999 by Jean-Victor Louis, the collection was long directed by Marianne Dony and François Foret; it is now directed by Chloé Brière and François Foret. The works published in the collection are characterised both by their critical view of current issues in European integration and by their methodological and disciplinary rigour: from constitutional law for Europe to the European criminal justice area, from comparative politics to international relations, from the history of political ideas to the analysis of the evolution of the EU's institutional system. The collection is accessible both to professionals working in the field of European integration and to those who wish to learn more about European issues. 44 Créée et dirigée de 1968 à 1999 par Jean-Victor Louis, la collection a longtemps été dirigée par Marianne Dony et François Foret ; elle est aujourd'hui dirigée par ChloéBrière et François Foret. Les ouvrages publiés dans la collection se caractérisent à la fois par leur vision critique des enjeux actuels de la construction européenne et par leur rigueur méthodologique et disciplinaire : du droit constitutionnel pour l’Europe à l’Espace judiciaire pénal européen, de la politique comparée aux relations internationales, de l’histoire des idées politiques à l’analyse de l’évolution du système institutionnel de l’UE. Il s’agit d’une collection accessible tant à un public de professionnels de l’intégration européenne qu’aux personnes désireuses de s’informer et de s’instruire sur ces matières européennes. 06 03 01 https://www.editions-ulb.be/resources/titles/74530100790750/images/10a7cdd970fe135cf4f7bb55c0e3b59f/HIGHQ/9782800417219.jpg 20200715 07 03 01 https://www.editions-ulb.be/resources/titles/74530100790750/images/10a7cdd970fe135cf4f7bb55c0e3b59f/THUMBNAIL/9782800417219.jpg 20200715 02 https://www.editions-ulb.be/en/book/?GCOI=74530100790750 38 Oapen.org https://library.oapen.org/handle/20.500.12657/40047 Éditions de l'Université de Bruxelles 01 Éditions de l'Université de Bruxelles Bruxelles BE 04 20200820 2020 01 WORLD 01 9.45 in 02 6.30 in 03 2.50 in 08 25.96 oz 01 24 cm 02 16 cm 03 2.50 cm 08 736 gr 12 15 9782800415444 12 15 9782800414379 12 15 9782800414522 12 15 9782800414386 12 15 9782800413624 27 15 9782800417226