European Criminal Law, 4th ed: An Integrative Approach

European criminal law is a multi-level field of law with the European Union having a normative influence on all criminal proceedings, substantive criminal law, and co-operation between Member States. This book aims to analyze the merging criminal justice system of the European Union and present a coherent picture of the legislation enacted and the case law on European Union level and its influence on the national criminal justice systems. It covers topics such as mutual recognition, the European Arrest Warrant, the Charter of Fundamental Freedoms, and the mutual influence of Union law and national criminal law.

Format: Hardback
Length: 676 pages
Publication date: 25 June 2021
Publisher: Intersentia Ltd

European criminal law is a complex and multifaceted field of law that encompasses a wide range of legal aspects. The European Union plays a significant role in shaping this legal landscape, exerting a normative influence on all criminal proceedings within its jurisdiction. This influence extends to substantive criminal law as well as the cooperation between Member States in the criminal justice sphere.

The primary objective of this book is to analyze the evolving criminal justice system within the European Union and present a comprehensive understanding of the legislation enacted at the European Union level and its impact on national criminal justice systems. With a particular focus on the position of the accused, the book seeks to explore various topics and questions related to European criminal law.

One of the key themes addressed in this book is the concept of mutual recognition. In the context of the European Arrest Warrant, mutual recognition refers to the ability of Member States to execute each other's arrest warrants, ensuring the swift and effective transfer of suspects between countries. The book delves into the legal framework and principles governing mutual recognition, examining how it operates in practice and the challenges it faces.

Another important aspect covered in the book is the invocation of European Union law by an accused standing trial in a national criminal proceeding. The book examines the mechanisms available to individuals seeking to rely on European Union law in their defense, including the Charter of Fundamental Freedoms and other relevant legal instruments. It explores the interplay between Union law and national criminal law and assesses the circumstances under which Union law prevails and national criminal law takes precedence.

Furthermore, the book addresses the application of the Charter of Fundamental Freedoms in national criminal proceedings. It examines the principles and protections afforded by the Charter and how they are interpreted and applied by the Court of Justice. The book also discusses the role of national courts in ensuring the compatibility of national criminal law with European Union law, particularly in light of the European Convention on Human Rights.

To provide a comprehensive analysis, the book relies on an in-depth examination of the case law of the Court of Justice and relevant legislation. It challenges the reader to assess the mutual influence of Union law and national criminal law and explains how Union law will prevail in certain situations while giving national criminal law full discretion in others.

One of the unique features of this book is its extensive coverage of court decisions and legal instruments. It includes a wealth of case law and legal commentary, providing a valuable resource for practitioners, academics, and students alike. The book is particularly valuable for those seeking to stay updated on the latest developments in European criminal law, including Brexit and other recent developments up to May 1, 2021.

In conclusion, European Criminal Law is a comprehensive and insightful book that offers a comprehensive understanding of the evolving criminal justice system within the European Union. It provides a detailed analysis of key topics and questions, including mutual recognition, the invocation of European Union law, the Charter of Fundamental Freedoms, and the interplay between Union law and national criminal law. With its extensive coverage of court decisions and legal instruments, the book is an invaluable resource for practitioners, academics, and students interested in European criminal law.

Weight: 1312g
Dimension: 174 x 251 x 49 (mm)
ISBN-13: 9781780689685