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EU Criminal Justice and the Challenges of Diversity
The volume examines how diversity in Member States' legal cultures is being addressed in the development of EU criminal justice.
The Boundaries of Criminalisation
This book challenges how we think about the foundations and boundaries of criminalisation by reimagining the concepts of public goods and legal interests—both nationally and transnationally. Can we identify common public goods and legal interests across borders that warrant protection through criminal law, or are they shaped by diverse national values and principles? To answer this, the book examines how these concepts justify, explain, and constrain the criminalisation of conduct across different legal systems. It blends rigorous academic analysis with practical recommendations to help further shape our ideas on criminalisation and the future of criminal law, making it a must-read for scholars, practitioners, and anyone invested in the future of criminal justice across Europe and beyond.
Comtoise 2nd Edition
If you've just dragged a dusty old Comtoise long case clock from the back of a dusty old French barn, or if you just want to know more of what goes on behind the dial, this book is for you. The 2nd edition of this popular book is a much expanded 94-page run down on where these clocks came from, who built them and why, and practical help in restoring cases and rebuilding movements. Above all it's about the heart and soul of these light-hearted, friendly and functional works of art. It includes a list of parts of themovement, glossary and a list of Makers, Movers and Shakers. You will find useful facts, figures and photographs relating to the different styles of cases, their construction and the (sometimes quite personal) messages scrawled therein. Also detailed and illustrated are pendulum styles throughout the period and 4 pages on the different designs of brass frontons. As well as a section on the Vineyard wall clock, there is a supplement covering the Swedish Mora clock and Danish Bornholm clock."
Judging European Democracy
In several EU Member States, constitutional courts have reviewed European law on its compatibility with national constitutional law. These judgments deal with issues of major importance such as EU democratic legitimacy, the protection of fundamental rights, and the status of national sovereignty within the EU. Yet should national courts decide such issues of key constitutional significance for the EU? Or is it more democratic to leave these matters to political institutions that represent Europe's citizens and are politically accountable to them? In Judging European Democracy, Nik de Boer argues that the national courts' review of European law can actually constrain democratic debate over th...
Legislative Authority and Interpretation in the European Union
Although legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice's role. The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature's choices is required in all but exceptional circumstances. The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.
The EU between Federal Union and Flexible Integration
Against a backcloth of tumultuous events in Europe, the EU faces once again the fateful question of moving towards federal union or let flexible integration guide the Union. The sixth volume in Interdisciplinary European Studies explores the coexistence of deepening political integration and flexible patterns of integration in the EU. The book brings together scholars from economics, law, and political science to provide insights into issues with a bearing on the future of the EU: the crisis of rule of law and political values, the move towards a European defence union, the power of the new European public prosecutor’s office, the prospects of financial stability through the Recovery and Resilience facility, and the state of European parliamentary democracy. The chapters are based on up-to-date research findings and succinct assessments of the current state of affairs and ongoing debates. They conclude with policy recommendations for decision-makers on European and national levels.
The Needed Balances in EU Criminal Law
This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.
The Normative Foundations for EU Criminal Justice
Should the European Union regulate criminal justice? This open access book explores the question forensically, establishing whether a compelling normative justification for EU action in the field exists. It develops an integrated standard based on the perspectives of the effective allocation of regulatory authority between the EU and the Member States, representation-based political theories, and harm-based theories of criminal law. This is a work that will be welcomed not only by EU criminal law scholars, but also by practitioners, judges and policymakers. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Limits to EU Powers
PRAISE FOR THE BOOK “...essential reading for anyone interested in the existence and exercise of EU powers in the field of criminal law. Öberg's critical examination of the constitutional constraints to EU action also raises many questions that are of great interest in other areas of EU competence. The book deserves a wide readership among scholars interested in the constitutional workings of the European Union.” Samuli Miettinen, University of Helsinki & Tallinn University "The main strength of this book lies in its comprehensiveness of dealing with the topical issue of EU regulatory criminal law from the fascinating perspective of limits to EU powers. Its particular contribution to ex...
