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In: The Future of Police and Judicial Cooperation in the EU
In: The Future of EU Criminal Justice Policy and Practice

Ever since the adoption of the Framework Decision on the European Arrest Warrant 1 – the very first instrument that implemented the mutual recognition principle in the criminal law context – the relationship between the effectiveness of this instrument and the proper protection of fundamental rights have been widely and fiercely discussed. The stormy debates have calmed down a little since the Court of Justice of the EU (hereinafter: ‘CJEU’ or the ‘Court’) handed down its judgment in the joined cases of Aranyosi and Căldăraru; for the first time since the

Open Access
In: European Journal of Crime, Criminal Law and Criminal Justice

In the application of the European arrest warrant (eaw) mechanism, the principles of mutual trust and mutual recognition have come under the pressure of serious fundamental rights concerns in some EU Member States in particular. The latest chapter in a yet unfinished tale has been written on 17 December 2020, when the EU Court of Justice handed down its preliminary ruling in two cases in which Poland had requested the Dutch authorities to surrender two Polish nationals (joined cases L/P). 1 In its preliminary ruling, the Court has, amongst other things, upheld the

Free access
In: European Journal of Crime, Criminal Law and Criminal Justice

Procedural rights in criminal proceedings have been receiving considerable attention in the European Union’s legislative agenda of the past decade. 1 The piecemeal approach introduced in 2009 in the Council’s Roadmap Resolution 2 has resulted in an impressive number of common minimum norms on procedural rights for defendants and victims of crime, adopted under the heading of Article 82(2) tfeu. As to defence rights, 3 six directives have been adopted between 2010 and 2016 covering the rights to interpretation and translation, the right to information (about rights, about the accusation and about the essential materials

Open Access
In: European Journal of Crime, Criminal Law and Criminal Justice

Over the past few decades the competences of the eu to enact legislation in criminal matters have significantly increased. Member States and criminal law experts have raised concerns: to what extent can national sovereignty and domestic interests regarding criminal justice be preserved? This paper argues that the perspective of national sovereignty should not be the primary concern in criminal justice affairs in the eu. It is proposed that eu legal measures in this area are primarily judged on whether they in their entirety contribute to a reasonable balance between effective law enforcement and adequate judicial protection of individuals. From this perspective, recent developments potentially contribute to redressing the balance in eu criminal law.

In: European Journal of Crime, Criminal Law and Criminal Justice
Introduction

Last year, in her Editorial for Volume 24, Issue 2–3 of this Journal, Estella Baker demanded attention for the financial impact of the European Union’s criminal justice activities. She provided several examples to illustrate the (potential) financial costs involved in the application of eu legislation in the criminal justice sphere (such as mutual recognition instruments and directives on procedural rights). In order to enhance our understanding of the impact of the eu’s activities in criminal matters, Baker suggests an increased (academic) focus on the issue of financial costs such activities may have. 1

Baker

Open Access
In: European Journal of Crime, Criminal Law and Criminal Justice
Series Editors: Jannemieke Ouwerkerk and André Klip
Scope and Aims
Launched in 2018, the European Criminal Justice Series provides a forum for high-quality scholarship on the European dimensions of crime, criminal law, criminal policy, and punishment. Publications in the series provide insight into how crime, criminal law and criminal justice is developing within the European Union and on the European continent, both from a legal and criminological perspectives. The series particularly welcomes monographs but is also open to edited volumes.

Information for Authors
Authors who are interested to publish in the European Criminal Justice Series, are invited to submit a proposal for consideration by the editorial board. For questions regarding the European Criminal Justice Series, or to submit a proposal, please contact the Editorial Board. The Editorial Board consists of the board members of the European Journal of Crime, Criminal Law and Criminal Justice, and two additional members. Each manuscript will be reviewed by the two editors-in-chief and by either one or two board members – depending on the topic and the required expertise.
Since the early 1990s, cross-border police and judicial cooperation has become a very important domain of the European Union. The Lisbon Treaty – if accepted by all the Member States – will certainly be a major stimulus to its further development in the field of internal security as well as in the field of external policy. In any event, the recent proposal for a new third comprehensive policy programme with regard to the Area of Freedom, Security and Justice – the so-called Stockholm Programme – foreshadows some of the changes the Brussels institutions and the Member States would like to embrace in the coming years.

This book contains the contributions of scholars and practitioners to a conference on the future of police and judicial cooperation in the European Union that took place in November 2008 at Tilburg University. Referring to what has been achieved in this domain since the Treaty of Maastricht, these papers not only assess the proposals that have been put forward in successive policy documents relating to the Stockholm Programme, but they also pinpoint to the ongoing problems in the theory and practice of police and judicial cooperation within the European Union and to the ways in which these questions could best be solved.
In: Effective Protection of the Rights of the Accused in the EU Directives