This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way.
The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor’s Office.
Table of Contents
Part I – Sources of Law: 1 European Law and Criminal Justice by R.E. Kostoris.- Part II – Fundamental Rights: 2 The Protection of Fundamental Rights by R.E. Kostoris.- 3 The Content of Fundamental Rights by A. Balsamo.- Part III – Police Cooperation and Judicial Cooperation: 4 History of the Cooperation by A. Weyemberg.- 5 Vertical Cooperation by G. De Amicis and R.E. Kostoris.- 6 Horizontal Cooperation by G. De Amicis.- Part IV – Mutual Recognition, Harmonization and Traditional Intergovernmental Models: 7 The Principle of Mutual Recognition by J.R. Spencer.- 8 Personal Freedom and Surrender by M. Bargis.- 9 Evidence Gathering by M. Daniele and E. Calvanese.- 10 Ne bis in idem and Conflicts of Jurisdiction by P.P. Paulesu.- 11 Enforcement of Judicial Decisions by P.P. Paulesu.- 12 Enforcement of Confiscation Orders by E. Calvanese.