Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe

Author: Ángeles Gutiérrez Zarza
Publisher: Springer
ISBN: 3642402917
Category: Law
Page: 491
View: 2488
In the past 10 years, the Member States of the European Union (EU) have intensified their exchange of information for the purposes of preventing and combating serious cross-border crime, as manifested in three main aspects. Firstly, there is a need to ensure the practical application of innovative principles (availability, mutual recognition) and concepts (Information Management Strategy, European Information Exchange Model) for tackling criminal organisations and networks that threaten the Internal Security of the EU. Secondly, there has been a gradual consolidation of EU agencies and bodies (Eurojust, Europol) aimed at promoting cooperation and dialogue among law enforcement officials and judicial authorities responsible for preventing and combating drug trafficking, trafficking in human beings, child pornography, and other serious trans-national offences. Thirdly, important EU information systems and databases (Prüm, SIS-II, ECRIS) have been created, enabling law enforcement and judicial authorities to gain access to essential information on criminal phenomena and organisations. Pursuing a practice-orientated approach, this work provides comprehensive coverage of all these measures, as well as the applicable rules governing data quality, data protection and data security. It is especially intended for law enforcement and judicial authorities who need to develop the appropriate expertise for the practical application of the above-mentioned principles. It also offers a solid basis of practical training material for police training centres and judicial schools.

Harmonization of Criminal Law in Europe

Author: Erling Johannes Husabø,Asbjørn Strandbakken
Publisher: Intersentia nv
ISBN: 905095474X
Category: Law
Page: 157
View: 7718
In articles by legal scholars from six countries, the ongoing harmonization of criminal law in Europe is analysed from different perspectives. Through an examination of the rapid progress in European Union Law in this area, both the harmonization of substantial criminal law provisions and criminal penalties is shed light on. The development in criminal law cooperation is also accentuated, especially the breakthrough of the principle of mutual recognition and the proposal to establish a European Prosecutor. Special attention is given to the Schengen Agreement, the role of Europol and the more general influence of the harmonizing processes on European states remaining outside the EU. Conclusively, the challenges presented by a transnational criminal procedure to the preservation of human rights, are examined. The articles are based on lectures given at a colloquium in Bergen (Norway).

Availability of Law Enforcement Information in the European Union

Between Mutual Recognition and Equivalent Right of Access
Author: Gert Vermeulen
Publisher: Maklu
ISBN: 9789046600054
Category: Law
Page: 110
View: 7292
This book presents the results of a study on the availability of law enforcement information in the EU, conducted for the European Commission. In order to strengthen the area of freedom, security and justice, the November 2004 Hague Programme called for an innovative approach towards cross-borderexchange of law enforcement relevant information. The principle introduced in this respect is that of availability of such information for law enforcement services throughout the EU, rendering the border-crossing of it largely irrelevant. The book contains two proposals. The first seeks to improve the cross-border exchange of law enforcement relevant information through the introduction of the principle of mutual recognition of 'pre-evidence warrants' as a primary way for implementing the availability concept. The second proposal offers a blueprint for a European Law Enforcement Services Index System (ELESIS), as an indispensable tool for supporting the availability of law enforcement relevant information throughout the EU. Both proposals take due account of extensive feedback received from experts involved in cross-border exchange of law enforcement information as well as from civil liberties organisations and data protection specialists. In addition, the responses of member states to relevant official questionnaires were collected and included. This book is essential reading for policy makers, judicial and law enforcement authorities throughout the European Union or from a broader international context. It will be appealing also to researchers and anyone involved or taking an interest in combating (cross-border) crime at a European or international level.


an effective weapon against terrorism and crime, report with evidence, 18th report of session 2006-07
Author: Great Britain: Parliament: House of Lords: European Union Committee
Publisher: The Stationery Office
ISBN: 9780104010617
Category: Law
Page: 98
View: 4820
The Prèm Treaty is an initiative by seven Member States to enhance cooperation in combating terrorism and serious cross-border crime. There is a move to incorporate it into EU law. As it can only be adopted unanimously, the Government is in a strong negotiating position and has already obtained agreement to delete a provision on "hot pursuit". The Committee recommend that they should also seek agreement on the estimated cost of incorporating the provisions. The Prèm Treaty is mainly concerned with the exchange of data, which raises questions of data protection. It is an opportunity to link the fight against crime with agreement on a Data Protection Framework Decision. This report looks at both the Prèm initiative and other related proposal that are genuine EU initiatives.

Taking Stock: Databases and Systems of Information Exchange in the Area of Freedom, Security and Justice

Author: N.A
Publisher: CEPS
ISBN: 9290797894
Page: 43
View: 5272

EU Criminal Law

Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 184731726X
Category: Law
Page: 366
View: 4588
EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.

Proceedings of the 14th European Conference on e-Government

ECEG 2014
Author: Alexandru Ionas
Publisher: Academic Conferences Limited
ISBN: 1909507326
Page: 434
View: 4922

Thirty-seventh Report of Session 2003-04

Documents Considered by the Committee on 17 November 2004, Including, Global Satellite Navigation System; Procedure for the Adoption of Measures Relating to Visas, Asylum and Immigration; European Defence Equipment Market, Report, Together with Formal Minutes
Author: Great Britain Parliament - European Scrutiny Committee
Publisher: The Stationery Office
ISBN: 9780215020673
Page: 76
View: 2818
Thirty-seventh report of Session 2003-04 : Documents considered by the Committee on 17 November 2004, including, global satellite navigation system; procedure for the adoption of measures relating to visas, asylum and immigration; European defence equipme

Prospects for the EU in 2005

Author: Great Britain. Foreign and Commonwealth Office
Publisher: The Stationery Office
ISBN: 9780101645027
Category: Political Science
Page: 42
View: 9801
This White Paper, part of a series dealing with European Union affairs, contains details of forthcoming EU activities during the course of 2005, the first full year of the enlarged Union of 25 member states. The document is divided into three parts relating to: institutional issues and enlargement, including the UK's forthcoming presidency, continuing work by member states to ratify the EU Constitutional Treaty, and the work of the Commission and the European Parliament; internal issues including discussions on EU spending over the financial period 2007-2013, expansion of the services sector, sustainable development and the environment, and counter-terrorism measures; and external issues including foreign policy, trade and international development issues. Annexes give details of the timetable of 2005 Council meetings and milestones of the Dutch presidency in the second half of 2004.

Surveillance in Europe

Author: David Wright,Reinhard Kreissl
Publisher: Routledge
ISBN: 1317915461
Category: Social Science
Page: 422
View: 7232
Surveillance in Europe is an accessible, definitive and comprehensive overview of the rapidly growing multi-disciplinary field of surveillance studies in Europe. Written by experts in the field, including leading scholars, the Companion’s clear and up to date style will appeal to a wide range of scholars and students in the social sciences, arts and humanities. This book makes the case for greater resilience in European society in the face of the growing pervasiveness of surveillance. It examines surveillance in Europe from several different perspectives, including: the co-evolution of surveillance technologies and practices the surveillance industry in Europe the instrumentality of surveillance for preventing and detecting crime and terrorism social and economic costs impacts of surveillance on civil liberties resilience in Europe’s surveillance society. the consequences and impacts for Europe of the Snowden revelations findings and recommendations regarding surveillance in Europe Surveillance in Europe's interdisciplinary approach and accessible content makes it an ideal companion to academics, policy-makers and civil society organisations alike, as well as appealing to top level undergraduates and postgraduates.

Towards a European Criminal Record

Author: Constantin Stefanou,Helen Xanthaki
Publisher: Cambridge University Press
ISBN: 1139472127
Category: Law
Page: N.A
View: 5636
The success of the four core freedoms of the EU has created fertile ground for transnational organised crime. Innovative, transnational legal weapons are therefore required by national authorities. The availability of data on criminal convictions is at the forefront of the debate. But which mechanism for availability can be used effectively while at the same time respecting an increasingly higher level of data protection at national level? In the fluid, post-'Reform Treaty' environment, the EU is moving towards the creation of a European Criminal Record which will ultimately secure availability of criminal data beyond the weaknesses of Mutual Legal Assistance mechanisms. Examining the concept of a European Criminal Record in its legal, political and data protection dimensions, this multidisciplinary study is an indispensable exploration of a major initiative in European Criminal Law which is set to monopolise the debate on EU judicial co-operation and enforcement.

EU Counter-Terrorism Law

Pre-Emption and the Rule of Law
Author: Cian C Murphy
Publisher: Bloomsbury Publishing
ISBN: 1847319602
Category: Law
Page: 274
View: 4150
EU Counter-Terrorism Law: Pre-emption and the Rule of Law is a detailed study of EU action to combat terrorism since 11 September 2001 and the implications that action has had for the EU legal order. It critically examines EU counter-terrorism measures to ascertain how rule of law principles have been affected in the 'war on terror'. The book opens with a critical examination of the rule of law in the EU legal order. It then provides an overview of the "war on terror†? before analysing five key facets of EU counter-terrorism: the common European definition of terrorism along with related offences contained in the Framework Decision on Combating Terrorism; the EU's anti-money laundering and counter-terrorist finance laws; UN and EU targeted asset-freezing sanctions; EU data retention measures such as the Data Retention Directive and the Passenger Name Records agreements; and the European Arrest Warrant and European Evidence Warrant. The book argues that EU counter-terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual autonomy. It concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme. 'an impressively accurate and alarming analysis' Ms Sophia In 't Veld MEP and Vice-Chair of the European Parliament Committee on Civil Liberties, Justice and Home Affairs 2ND Prize winner of the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship 2013

Data Protection and Privacy

Jurisdictional Comparisons
Author: N.A
Publisher: Sweet & Maxwell
ISBN: 190823914X
Category: Data protection
Page: 671
View: 9645

International Criminal Law

Author: Bantekas,Dr Susan Nash
Publisher: Cavendish Publishing
ISBN: 1843145294
Category: Law
Page: 512
View: 9297
This book explores criminal issues from an international law perspective. It takes account of international (international criminal tribunals) and domestic case law and recent international developments, such as The International Criminal Court, terrorism, jurisdiction and immunities, among others.

The Long Decade

How 9/11 Changed the Law
Author: David Jenkins,Amanda Jacobsen,Anders Henriksen
Publisher: Oxford University Press
ISBN: 0199368341
Category: Law
Page: 368
View: 1191
The terrorist attacks of 9/11 precipitated significant legal changes over the ensuing ten years, a "long decade" that saw both domestic and international legal systems evolve in reaction to the seemingly permanent threat of international terrorism. At the same time, globalization produced worldwide insecurity that weakened the nation-state's ability to monopolize violence and assure safety for its people. The Long Decade: How 9/11 Changed the Law contains contributions by international legal scholars who critically reflect on how the terrorist attacks of 9/11 precipitated these legal changes. This book examines how the uncertainties of the "long decade" made fear a political and legal force, challenged national constitutional orders, altered fundamental assumptions about the rule of law, and ultimately raised questions about how democracy and human rights can cope with competing security pressures, while considering the complex process of crafting anti-terrorism measures.

The Law and Consumer Credit Information in the European Community

The Regulation of Credit Information Systems
Author: Federico Ferretti
Publisher: Routledge
ISBN: 1134044488
Category: Business & Economics
Page: 264
View: 423
Consumer credit information systems are the tools used by the majority of lenders to manage credit risk, with lenders accessing credit reference databases managed by third party providers to evaluate a consumer’s credit application. So far, the subject of consumer credit reporting has been left to the predominant attention of the economic and business management scholarship and little or no consideration has been paid by lawyers. This book aims to rectify this by examining the legal framework and compliance in the European Community (EC) of such consumer information sharing arrangements which have become increasingly integrated in the credit granting practices of the Member States. The book looks at the laws which surround and affect consumer credit reporting, including bank secrecy obligations. Consumer credit reporting and its relationship to human rights is also explored, as every individual is in the EC is entitled to informational privacy. The book asks questions such as to what extent should the privacy of consumers be balanced against the aims and functions of consumer credit reporting, and how do the financial information sharing arrangements comply with the positive law, particularly the European data protection legislation?

European Security, Terrorism and Intelligence

Tackling New Security Challenges in Europe
Author: C. Kaunert,S. Leonard
Publisher: Springer
ISBN: 1137314737
Category: Political Science
Page: 247
View: 449
The EU has long been seen as confederation that has failed to assert itself effectively on the international stage. In this collection, a series of experts discuss how the EU has shed its reputation as a weak international actor in light of its policies on police cooperation and intelligence-sharing as part of the global effort to combat terrorism

International Police Cooperation

Emerging Issues, Theory and Practice
Author: Frederic Lemieux
Publisher: Routledge
ISBN: 1134029470
Category: Social Science
Page: 384
View: 4188
The globalization of threats and the complexity of international security issues represents a greater challenge for international policing in (re)shaping inter-agency interaction, and makes effective international police cooperation more necessary than ever before. This book sets out to analyse the key emerging issues and theory and practice of international police cooperation. Paying special attention to the factors that have contributed to the effective working of police cooperation in practice and the problems that are encountered, this book brings together original research that examines opportunities and initiatives undertaken by agencies (practices and processes introduced) as well as the impact of external legal, political, and economical pressures. Contributors explore emerging initiatives and new challenges in several contexts at both national and international levels. They adopt a diversity of approaches and theoretical frameworks to reach a broader understanding of current and future issues in police cooperation. Forms of police cooperation and trends in crime control are examined, drawing upon the following disciplines: criminology, ethics, organizational science, political science, and sociology.

Schengen Investigated

A Comparative Interpretation of the Schengen Provisions on International Police Cooperation in the Light of the European Convention on Human Rights
Author: Chantal Joubert,Hans Bevers
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041102669
Category: Law
Page: 576
View: 1450
Knjiga je plod petletnega raziskovanja prava, na podlagi katerega deluje policija petih držav (Belgije, Nizozemske, Luksemburga, Francije in Nemčije), ter možnega vpliva medsebojnih razlik na uporabo Schengenske konvencije. Primerjalna predstavitev schengenskih predpisov o mednarodnem policijskem sodelovanju glede na Evropsko konvencijo o človekovih pravicah namenja posebno pozornost policijskim pooblastilom, ki pomenijo eno od najbolj izpostavljenih in odmevnih področij policijskega čezmejnega sodelovanja (opazovanje, zasledovanje, uporaba sile, lisice, orožje, aretacija, telesna preiskava, policijsko zaslišanje, kontrola identitete, pravna pomoč itd.).

Transparency and Proportionality in the Schengen Information System and Border Control Co-Operation

Author: Stephen Kabera Karanja
Publisher: Martinus Nijhoff Publishers
ISBN: 9004162232
Category: Political Science
Page: 466
View: 973
This volume offers an evaluation of the Schengen Information System and border control co-operation from a transparency and proportionality perspective. It also incorporates a legal descriptive analysis of the co-operation in order to accommodate the changes and developments that occurred during the writing period. The transparency and proportionality perspectives are developed from human rights and data protection criteria. Transparency is understood as knowledge and accessibility to legal information as well as openness and accountability. On the other hand, proportionality is a requirement for guidance, balance and justification as well as a need to avoid excessiveness and arbitrariness in border control work. The final findings reveal that the Schengen co-operation suffers from a deficiency of transparency and proportionality. Consequently, measures are proposed to augment the deficiency. Even as this study was reaching its conclusion, fundamental legislative changes, closely similar to some of the arguments and recommendations projected in this study, took place. The efficacy of these changes is yet to be discerned.