Overview

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.

Full Product Details

Author:   Ricardo Pereira ,  Annegret Engel ,  Samuli Miettinen
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781788977289

ISBN 10:   1788977289
Pages:   296
Publication Date:   11 December 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Contents: 1 Introduction 1 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 17 Valsamis Mitsilegas 3 Opting in or opting out? The EU's variable geometry in the area of freedom, security and justice 39 Annegret Engel 4 The boundaries between the EU and Member States' competences in criminal matters: reflections on post-Lisbon developments 56 Kerttuli Lingenfelter 5 EU criminal justice and the diversity of legal cultures in Europe 82 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 103 Chloe Briere 7 Building an effective control of financial crime? The role of criminal law and transnational cooperation in the European Union 127 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 148 Audrey Guinchard 9 The development of environmental criminal law enforcement in the European Union: from institutional fragmentation to European environmental criminal justice governance? 181 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 210 Petri Freundlich 11 Children's rights and child participation in criminal proceedings 233 Wendy De Bondt and Heleen Lauwereys Index

Reviews

'This edited collection delivers a wide picture of the governance of criminal justice landscape in the EU, focusing on its very important aspects and legal argumentation. The authors address key questions regarding the present state and challenges for the future. Due to the complexity of the issues involved, the main subject matter has been appropriately considered from a multi-layered approach: international, transnational, supranational and national. In summary, the book is a significant contribution to the ongoing debate about criminal justice in the EU and it effectively deals with a subject that has gained enormous importance in recent years. It is a valuable resource for anyone with an interest in this area of research.' -- Joanna Beata Banach-Gutierrez Olsztyn, The Common Market Law Review

‘This edited collection delivers a wide picture of the “governance of criminal justice” landscape in the EU, focusing on its very important aspects and legal argumentation. The authors address key questions regarding the present state and challenges for the future. Due to the complexity of the issues involved, the main subject matter has been appropriately considered from a multi-layered approach: international, transnational, supranational and national. In summary, the book is a significant contribution to the ongoing debate about criminal justice in the EU and it effectively deals with a subject that has gained enormous importance in recent years. It is a valuable resource for anyone with an interest in this area of research.’ -- Joanna Beata Banach-Gutierrez Olsztyn, The Common Market Law Review

Author Information

Edited by Ricardo Pereira, Reader in Law, School of Law and Politics, Cardiff University, UK, Annegret Engel, Senior Lecturer of EU Law, Faculty of Law, Lund University, Sweden and Samuli Miettinen, Associate Professor of Transnational Law, Tallinn University, Estonia

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