Choice of Forum in Cooperation Against EU Financial Crime: Freedom, Security and Justice and the Protection of Specific EU-interests

Choice of Forum in Cooperation Against EU Financial Crime: Freedom, Security and Justice and the Protection of Specific EU-interests

By: Michiel Luchtman (author)Paperback

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Description

The European Union is increasingly engaged in criminal justice. In cross-border criminal cases, the decision on which a state will commence investigations and bring cases to trial (choice of forum) is made after horizontal mutual consultation and/or with the help of European institutions, agencies, and networks. At present, there is no clear framework for choice of forum. Law enforcement agencies consequently enjoy a great deal of discretion. This may lead to negative conflicts of jurisdiction in which no Member State takes action. It may also adversely affect the principle of mutual recognition and facilitate forum shopping by defendants and/or state authorities. This book helps to define the interests at stake and to establish the legal parameters within which choice of forum should take place, thus contributing to the further development of this fascinating area of law. (Series: Willem Pompe Instituut - Vol. 71)

About Author

Michiel Luchtman is associate professor at the Willem Pompe Institute for Criminal Law and Criminology, Utrecht University.

Contents

Part I: Choice of Forum and the Protection of the EU's Financial Interests: The Institutional Framework and the Law in Action; Choice of Forum and the Prosecution of Cross-Border Crime in the European Union - What Role for the Legality Principle?; Mutual Recognition and Choice of Forum; Choice of Forum and Jurisdiction; Framework for Coordination Between Judicial Authorities and OLAF; Eurojust's Role in the Matter of Choice of Forum; The Perspective of the Defence Lawyer: Choice of Forum and the Proper Administration of Justice; The Perspective of the Criminal Defence Lawyer: Choice of Forum, a Legal Vacuum in the EU; Part II: Beyond the Nation State: Choice of Forum in Light of EU Interests; The 'EU Citizenship Dimension' of the Area of Freedom, Security and Justice; Choice of Forum and the Lawful Judge Concept; European Territoriality and Jurisdiction: The Protection of the EU's Financial Interests in Its Horizontal and Vertical (EPPO) Dimension; Mechanisms for Settling Conflicts of Jurisdiction; Contributors.

Product Details

  • ISBN13: 9789462120037
  • Format: Paperback
  • Number Of Pages: 232
  • ID: 9789462120037
  • ISBN10: 946212003X

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