Criminal Procedures and Cross-Border Cooperation in the EU Area of Criminal Justice
WEYEMBERGH Anne , SELLIER Elodie
Product details
- Categories: September 2020, Criminal Law
- Publisher: ULB Editions - EDITIONS DE L'UNIVERSITE LIBRE DE BRUXELLES
- ISBN: 9782800417219
- Publication Date: 20/08/2020
- Binding: Paperback
- Number of pages: 459
- Language: English
Summary
This book examines to what extent differences between national procedural criminal laws hinder the negotiations and the operation of cross-border cooperation instruments in the EU area of criminal justice.
For the past decade, judicial cooperation in criminal
matters in the European Union has been premised on the principle of
mutual recognition. Its operation presupposes the acceptance of mutual
trust between the – diverse – legal systems of the Member States. That
trust is grounded on their shared commitment to the principles of
freedom, democracy, respect for human rights and the rule of law. Since
the entry into force of the Lisbon Treaty, the EU legislator has adopted
six directives on the procedural rights of defendants, together with
one directive on victims' rights. However, against the background of
intense legislative activity in criminal matters, illustrated by the
adoption of the EPPO Regulation and the release of the E-Evidence
Proposal, recent debates questioned whether further approximation
efforts should be undertaken in the field of procedural criminal law.
In this context, this edited volume examines to what extent differences
between national procedural criminal laws hinder the negotiations and
the operation of cross-border cooperation instruments. It is based on a
comparative analysis of a representative sample of Member States. It
identifies several forms of "hindrances" to cross-border cooperation,
ranging from mere delays to the suspension and the non-execution of
assistance requests, alongside the striking underuse of some of the
existing instruments. There is no simple or single answer to these
challenges. Therefore, several non-legislative and legislative
recommendations are put forward for the short- and long-term horizon.