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Admissibility of Evidence in EU Cross-Border Criminal Proceedings
This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.
The Ontology of Music Groups
This volume examines the ontology of music groups. It connects two fascinating areas of philosophical research: the ontology of social groups and the philosophy of music. Interest in questions about the nature of music groups is growing. Since people are widely familiar with music groups, the topic is particularly well-suited for introducing issues in social ontology. Being comparably small-scale and temporary, music groups also provide an excellent case study for those who think that social groups are analyzed best by considering small groups. The present volume provides a comprehensive overview of the topic and seeks to establish the ontology of music groups as a distinct field of philosop...
Criminal and Quasi-criminal Enforcement Mechanisms in Europe
This book looks at the interplay between criminal and other branches of public law pursuing similar objectives (referred to as 'quasi-criminal law'). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike.
Investigating and Preventing Crime in the Digital Era
The aim of this book is to delve into the impact of the Information and Communications Technologies in the criminal prevention and investigation, by addressing the state of the art of different measures and its implementation in different legal systems vis à vis the protection of human rights. Yet this research not only pursues a diagnostic goal but furthermore aims at providing a reconstruction of this problematic area in light of modern, human rights-oriented notion of criminal justice. This broadens the scope of this investigation, which encompasses both unprecedented safeguards to traditional, or anyway widely recognized individual rights and the emergence of new rights, such as the right to informational self-determination, and the right to information technology privacy. The book addresses the problems and potentials in the areas of criminal prevention and criminal investigation, taking into account that due to electronic surveillance and the progress in the use of big data for identifying risks, the borders between preventive and investigative e-measures is not clear-cut.
Governing Police Stops Across Europe
This book takes a critical and comparative approach to the analysis of the governance of police stops across Europe. It draws on an EU COST Action research network on Police Stops which engaged academics and practitioners from 29 countries to better understand the practice of police stops. It begins by examining how police stops are defined and the various legal rules and levels of accountability afforded. The chapters are arranged by theme to focus on a core aspect of the governance of police stops. These include: legal frameworks and police discretion; internal governance; external accountability and civilian oversight; possibilities for legal recourse; and the different roles of data and technology. Each compares the distinct approaches evident across Europe, often employing case studies. The book adopts a critical approach, acknowledging governance as contested and involving diverse (state, non-state and supranational) actors. It considers implications for policing in a rapidly changing environment globally.
Market Abuse Regulation
This revised edition analyses the European market abuse regime contained in the Market Abuse Regulation and related directives and regulations, and has been updated and expanded to reflect the impact of new developments in legislation and case law following the implementation of the Regulation.
Banking Supervision and Criminal Investigation
In the aftermath of the last financial crisis, on both sides of the Atlantic banking supervisors were given new supervisory and enforcement powers, which are often of a substantially punitive-criminal nature. In Europe in particular, the establishment of the Single Supervisory Mechanism within the European Central Bank substantially increased centralised investigatory and sanctioning powers. This major innovation, together with the development of forms of real-time monitoring of banking (often digital) records, challenges traditional banking criminal investigations in their national-based and analogue dimension.The book offers a comprehensive account and perspective analysis of the interacti...
Dimensions of Shared Agency: A Study on Joint, Collective and Group Intentional Action
"Dimensions of Shared Agency" investigates the way in which standard philosophical accounts have been dealing with the issue of collective actions. In particular, the book focuses on the ‘Big Five’ of analytical social ontology (namely, Michael Bratman, Margaret Gilbert, Philip Pettit, John R. Searle and Raimo Tuomela) and their accounts of shared/collective intentions and actions. Through systematic readings of different positions in the debate, the author proposes original ways of analyzing and classifying current theories of shared agency according to whether they advance a member-level or a group-level account of shared agency. While member-level accounts (MLA) are theories of shared...
Effective Protection of the Rights of the Accused in the EU Directives
The volume presents an innovative analysis of defence rights in EU criminal proceedings through the lens of a computational approach to the law. This multi-level research tackles both EU law and national legislation, as well as case-law on defence rights in criminal proceedings. The comparative analysis on procedural safeguards is integrated by legal informatics, that led to the translation into computable language of the relevant EU and national legislation. Such multidisciplinary approach allows, through a semiautomated technology, to better highlight potentially uncovered deficit of the normative texts, and to enhance comparative analysis of legal systems. The breakthrough perspective brings a novel viewpoint to the debate on criminal procedure rights, shading light on the potential emerging from the interaction between criminal law and technology.
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