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.
Dr Chloe Briere is Associate Member of the Centre for European Law at the Universite Libre de Bruxelles, and Member of the European Criminal Law Academic Network (ECLAN). Professor Anne Weyembergh is President of the Institute for European Studies at the Universite Libre de Bruxelles, and Co-coordinator of the European Criminal Law Academic Network (ECLAN).
Part I: Introduction 1. Introduction by Vera Jourova, EU Commissioner for Justice, Consumers and Gender Equality 2. Introduction by Minister Koen Geens, Minister of Justice, Belgium 3. Introduction by Minister Felix Braz, Minister of Justice, Luxembourg 4. Introduction: About ECLAN and the Balances that Need to be Struck in EU Criminal Law Chloe Briere and Anne Weyembergh (Editors) Part II: The Quest for the Right Balance in the Institutional Design/Between the EU and the Member States and Between the EU Institutions 5. The Evolution of Competence Distribution Between the European Union and the Member States in the Criminal Field Samuli Miettinen 6. `The Evolution of Competence Distribution Between the EU and the Member States in the Criminal Field' (by Samuli Miettinen)-A (Short) Reaction Pedro Caeiro 7. The Principle of Subsidiarity in EU Criminal Law Irene Wieczorek 8. Challenges Facing the Academic Community: A Practitioner's Point of View in Reaction to Irene Wieczorek's Paper Eugenio Selvaggi 9. Stepping into Uncharted Waters No More: The Court of Justice and EU Criminal Law Adam Lazowski 10. The Evolution of the Relationship and Balance Between the Different EU Institutions Emilio de Capitani Part III: The Quest for the Right Balance Between Diversity and Unity 11. The Issue of Mutual Trust and the Needed Balance Between Diversity and Unity Daniel Flore 12. The Sensitive Relationship Between the Different Means of Legal Integration: Mutual Recognition and Approximation Annika Suominen 13. Mutual Recognition in EU Criminal Law and Fundamental Rights-The Necessity for a Sensitive Approach Anze Erbeznik Part IV: The Quest for the Right Balance Between Liberty and Security 14. The External Dimension of Mutual Trust: The Coming of Age of Transatlantic Counter-terrorism Cooperation Valsamis Mitsilegas 15. The Role of the Data Protection Authorities in Supervising Police and Criminal Justice Authorities Processing Personal Data Paul de Hert and Juraj Sajfert 16. `Foreign Terrorist Fighters'-De-Radicalisation and Inclusion vs Law Enforcement and Corrections in Denmark Jorn Vestergaard 17. A New Hope? The Court of Justice Restores the Balance Between Fundamental Rights Protection and Enforcement Demands in the European Arrest Warrant System Leandro Mancano 18. Mutual Recognition and Cross-Border Interception of Communications: The Way Ahead for the European Investigation Order Lorena Bachmaier Part V: The Quest for Balance Regarding Criminal Justice Actors and in Their Mutual Relations 19. A Comparison of the Evolution and Pace of Police and Judicial Cooperation in Criminal Matters: A Race Between Europol and Eurojust? Sabine Gless and Thomas Wahl 20 The Cooperation Between Police and Justice at the EU Level: The Representative Example of Joint Investigation Teams Anne Weyembergh, Ines Armada and Chloe Briere 21. The Draft Regulation on the Establishment of the European Public Prosecutor's Office-Issues of Balance Between the Prosecution and the Defence Hans-Holger Herrnfeld 22. The Material Scope of Competence of the European Public Prosecutor's Office: Lex uncerta and unpraevia? John A.E. Vervaele Part VI: Conclusion 23. Afterword(s) on Mutual Recognition and the Respect for Fundamental Rights Revisited-Following the Judgment in Aranyosi and Caldararu Judge Lars Bay Larsen