Toward a Prosecutor for the European Union Volume 1 A comparative analysis edited by Katalin Ligeti.

Format:

Book

Contributor:

Ligeti, Katalin, editor of compilation.

Series:

Modern studies in European law ; v. 34.

Modern studies in European law v. 34

Language:

English

Subjects (All):

Prosecution--European Union countries.

Prosecution.

Physical Description:

1 online resource (1097 p.)

Edition:

1st ed.

Place of Publication:

Oxford Hart Publishing 2013.

Language Note:

English

Summary:

"Volume 1 begins with thorough descriptions of 24 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues which will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition, and decentralised enforcement of European competition law."--Publisher

In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's Office. This two volume work presents the results of a study carried out by a group of European criminal law experts in 2010-2012, with the financial support of the EU Commission, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume 1 begins with thorough descriptions of 20 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues that will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition and decentralised enforcement of European competition law. Volume 2 (which will be published in 2013) presents a draft set of model rules for the procedure of the European Public Prosecutor's Office and continues with a set of comparative studies of the national legal systems that cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file and victim reconciliation. Volume 2 concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform

Contents:

I. Introduction

Katalin Ligeti

Part I Presentation of national systems of investigation, prosecution, evidence and procedural safeguards

1. The Austrian system Robert Kert

Andrea Lehner

2. The Belgian system Marie-Aude Beernaert

3. The Danish system Birgit Feldtmann

Sebastian Knop

4. The Dutch system Idlir Peçi

5. The English and Welsh system Tricia Howse

6. The Estonian system Jaan Ginter

7. The Finnish system Teemu Kastula

8. The French system Aurélie Binet-Grosclaude

9. The German system Bernd Hecker

10. The Hungarian system Miklos Hollán

11. The Irish system Andrea Ryan

12. The Italian system Francesca Ruggieri

Stefano Marcolini

13. The Latvian system Kristine Strada-Rozenberga

14. The Lithuanian system

Remigijus Merkevièius Gintaras Švedas

15. The Luxembourgish system Marc Schiltz

16. The Maltese system Stefano Filletti

17. The Polish system Celina Nowak

S³awomir Steinborn

18. The Portuguese system Pedro Caeiro

Miguel João Costa

19. The Romanian system Claudiu Dumitrescu

Augustin Lazãr

Anca Augusta Lazãr

Angela Nicolae

20. The Scottish system Lorna Harris

21. The Slovak system Anna Ondrejová

22. The Slovenian system Primož Gorkiè

23. The Spanish system Lorena Bachmaier

24. The Swedish system Christoffer Wong

Part II Issues of interest for the creation of a European Public Prosecutor´s Office

i. Federal Criminal Law and the European Public Prosecutor's Office Marta Muñoz de Morales

Adán Nieto Martín

Marianne Wade

ii. The system of vertical cooperation in administrative investigations in EU subsidy cases Justyna £acny

Lech Paprzycki

Eleonora Zieliñska

iii. The system of vertical and horizontal cooperation in administrative investigations in EU competition cases Martin Böse

iv. The material scope of the European Public Prosecutor's Office Rosaria Sicurella

v. The interaction between the ECJ and the ECTHR with respect to the protection of procedural safeguards: the accession of the EU to the ECHR. Silvia Allegrezza

vi. Judicial control in cooperation in criminal matters. The evolution from judicial cooperation to mutual recognition Anne Weyembergh, Zlata Durdevic

vii. Report on the protection of personal data in the framework of police and judicial cooperation in criminal matters.Stefan Braum

Valentina Covolo

viii. Mutual Recognition in the European Law of Civil Procedure Burkhard Hess

ix. Decentralised enforcement of European Competition Law: powers, procedures and legal protection

Heleen Koggink

Saskia Lavrijssen

Thomas Nauta

Notes:

Description based upon print version of record.

Includes bibliographical references

ISBN:

9781474202152

1474202152

9781782250449

1782250441

OCLC:

843642787