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Pris: 416 SEK exkl. moms  |  EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.
Contents:
Foreword v
Preface and Acknowledgements vii
Table of Cases xi
Introduction 1
1 History, Principles and Institutions 5
I. Introduction 5
II. Background—The Community and Criminal Law before Maastricht 5
III. The Third Pillar—The Institutional Framework 9
IV. The Third Pillar and the Constitutional Principles of the
Community: the Contribution of the Court of Justice 23
V. The Politics of the Third Pillar: Member States’ Security Ambition
versus Institutional Checks and Limits 31
VI. The Future in the Light of Lisbon 36
VII. Conclusion 56
2 Harmonisation and Competence 59
I. Introduction 59
II. Community Law and Criminal Law 60
III. Criminal Law in the Third Pillar 85
IV. Domestic Legal Cultures and Criminal Law Harmonisation 92
V. Harmonisation for Mutual Recognition 101
VI. The Future in the Light of Lisbon 107
VII. Conclusion: Criminal Law Harmonisation as a Means to which End? 110
3 Mutual Recognition: Prosecution, Jurisdiction and Trust in an ‘Area’ of
Freedom, Security and Justice 115
I. Introduction 115
II. The Principle of Mutual Recognition in EU Criminal Law 116
III. Instruments of Mutual Recognition in Criminal Matters and
Resulting Constitutional Concerns 120
IV. Addressing Constitutional Concerns in Legislation 127
V. Constitutional Concerns in the Courts 133
VI. Prosecution and Jurisdiction in the ‘Area’ of Freedom, Security and
Justice 142
VII. The Future in the Light of Lisbon 156
VIII. Conclusion: Sovereignty, Territoriality and Rights in an ‘Area’ of
Freedom, Security and Justice 158
4 Bodies, Offices and Agencies 161
I. Introduction 161
II. Europol 161
III. Eurojust 187
IV. OLAF 210
V. Other Bodies: Counter-terrorism, Informality and Cross-Pillarisation 219
VI. Interagency Co-operation 222
VII. Controlling Bodies by Other Bodies and Agencies 224
VIII. The Future in the Light of Lisbon 225
IX. Conclusion: Extending the Field of Enforcement in the EU? 232
5 Databases: Reconfiguring the Relationship between Security and Privacy 235
I. Introduction 235
II. EU Databases 235
III. Exchange of Data between National Authorities 250
IV. Data Collection and the Private Sector 263
V. Privacy and Data Protection in the Light of Lisbon 272
VI. Conclusion: What Future for Privacy in an Era of Security? 277
6 The External Dimension 281
I. Introduction 281
II. Enlargement 281
III. The Union and Its Neighbours 288
IV. International Agreements 291
V. The Union and International Organisations 310
VI. The Future in the Light of Lisbon 316
VII. Conclusion: The Quest for Coherence in EU External Action 317
Conclusion: Is Criminal Law a Special Case in the EU Legal Order? 321
Bibliography 325
Index 347
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