EU youth justice : the personal scope of EU criminal law and the diversity of youth justice systems / Jantien Leenknecht.

Format:

Book

Author/Creator:

Leenknecht, Jantien, author.

Language:

English

Subjects (All):

Children's rights.

Juvenile justice, Administration of.

Physical Description:

1 online resource (640 pages)

Edition:

First edition.

Place of Publication:

The Hague, The Netherlands : Eleven, [2023]

Summary:

This book delves into the intricacies of EU youth justice, focusing on the personal scope of EU criminal law and the diversity of youth justice systems across member states. It evaluates the feasibility of enhanced EU cooperation in youth justice matters, particularly in cross-border cases. Through a comparative analysis of the youth justice systems in Austria, the French Community of Belgium, the Netherlands, and Northern Ireland, the book examines differences in age limits, specialized actors, and response strategies. The work aims to identify discrepancies between European and national criminal laws, offering insights for better alignment while respecting subsidiarity principles. It is intended for those interested in youth justice, children's rights, and EU criminal law. The research is enriched by expert interviews and provides potential solutions for ensuring equal treatment of minors within the EU. Generated by AI.

Contents:

Intro

Foreword

Acknowledgements

Table of Contents

List of abbreviations

Frequently used legislation

List of Tables

Part 1. Introduction

Chapter 1. Setting the scene

1. Much interest in youth justice but restraint of the EU legislature

2. Two motives for the restraint of the EU legislature

1. First motive: the question of competence

2. Second motive: Member State diversity

Chapter 2. Research problem and research questions

Chapter 3. Research objectives and relevance

Chapter 4. Research method

1. Question of competence

2. Member State diversity

1. Selection of the youth justice systems

2. Selection of the parameters for the diversity assessment

2.1 Age limits

2.2 Specialised youth justice actors

2.3 Youth justice reactions

2.3.1 Diversion reactions

2.3.2 Alternative reactions

2.3.3 Custodial reactions

2.4 Overview of the comparative research framework

3. Expert interviews

4. Evaluation of the Member State diversity

Chapter 5. Research limitations

Chapter 6. Research terminology

Part 2. Youth justice matters as part of the EU competence for a judicial cooperation in criminal matters

Chapter 1. Limitations to legal action by the EU

Chapter 2. The conferral of a competence in youth justice matters to the EU

1. The EU competence in youth matters

2. The EU competence in criminal matters

1. Historical overview

2. Legal basis

2.1 Procedural criminal law

2.2 Substantive criminal law

2.3 Discussion of the legal bases

3. Non-binding policy documents and research initiatives of the EU related to juvenile crime

3.1 Prevention of juvenile crime

3.2 (Procedural) rights of the child

3.3 Youth justice

4. The EU acquis in criminal law and its scope

4.1 Judicial cooperation instruments in criminal matters.

4.1.1 The mutual recognition instruments

i. Introduction: the principle of mutual recognition and grounds for refusal

ii. The European Arrest Warrant (EAW) FD

iii. The Financial Penalties FD

iv. The Custodial Sentences FD

v. The Alternative Sanctions FD

vi. The European Supervision Order (ESO) FD

vii. The Directive on the European Protection Order (EPO)

viii. The Directive on the European Investigation Order (EIO)

ix. Freezing and Confiscation Orders Regulation

x. Rationale of the introduction and nature of the age refusal grounds?

xi. National transposition of the age refusal grounds

4.1.2 The Procedural Rights Directives

i. Procedural rights for juvenile suspects and defendants in the EU

ii. National transposition of the Children Directive

4.2 Scope of judicial cooperation instruments in criminal matters

4.2.1 Three interpretations

4.2.2 Autonomous concepts of EU law

4.2.3 Scope of application of mutual recognition instruments with an age refusal ground

i. At first: exclusion of minors

ii. Later on: only exclusion of minors below the age of criminal responsibility

iii. Conclusion

4.2.4 Scope of application of mutual recognition instruments without an age refusal ground

i. General scope: criminal matters

ii. Specific scope: criminal proceedings, including other proceedings with a criminal dimension

4.2.5 Scope of application of the procedural rights directives

i. Restriction to criminal proceedings

ii. But recommendations for broad interpretation of 'criminal proceedings'

4.2.6 Different interpretations at different levels

4.3 Overview and considerations

Chapter 3. The subsidiarity of an EU cooperation in youth justice matters

1. Cross-border requirement

2. Necessity and clear benefits.

1. Strengthen mutual trust

2. Combat common problems

3. Avoid safe havens

4. Encourage free movement

5. Protection of juvenile suspects and offenders

3. Concluding remarks

Part 3. Comparative analysis of the youth justice systems of Austria, the French Community of Belgium, the Netherlands and Northern Ireland

Chapter 1. Introduction to the four selected youth justice systems

1. State structure, competences and legislation in youth justice matters

1. Austria

2. The French Community of Belgium

3. The Netherlands

4. Northern Ireland

2. Basic characteristics of the youth justice systems

2. French Community of Belgium

3. Table

Chapter 2. Age limits

1. Minimum age of youth justice responsibility (MAYR)

1. General MAYR

2. Raised MAYR

3. Youth care when younger than MAYR

2. Age of criminal majority (ACM), with a focus on downwards exceptions

1. General ACM

2. Advanced ACM

2.1 Advanced ACM in the French Community of Belgium

2.2 Advanced ACM in the Netherlands

2.3 Advanced ACM in Northern Ireland

3. Delayed ACM

3.1 Delayed ACM in Austria

3.2 Delayed ACM in the Netherlands

3. Detention age limits

1. Lower detention age limit

2. Upper detention age limit

4. Courts age limits

5. Detention institution age limits

6. Table

Chapter 3. Specialisation of youth justice actors

1. Specialisation of the police service

1. Introduction

2. Existence and organisation of specific police officers dealing with juvenile offenders

3. Training of police officers dealing with juvenile suspects

4. Table

2. Specialisation of the public prosecution service

2. Existence and organisation of specific public prosecutors dealing with juvenile suspects and defendants.

3. Training of public prosecutors dealing with juvenile suspects and defendants

2.1 Austria

2.2 French Community of Belgium

2.3 The Netherlands

2.4 Northern Ireland

3. Specialisation of the court

1. Existence and organisation of specific youth judges or courts

1.1 Austria

1.2 French Community of Belgium

1.3 The Netherlands

1.4 Northern Ireland

2. Training of judges dealing with juvenile suspects and defendants

4. Specialisation of the legal profession

1. Existence and organisation of specific lawyers dealing with juvenile suspects and defendants

1.2 French Community

2. Training of lawyers dealing with juvenile suspects and defendants

5. Specialisation of support services

1. Social services

1.1 Youth Court Assistance (JGH) in Austria

1.2 Youth Protection Service (SPJ) in the French Community of Belgium

1.3 Child Care and Protection Board (RvdK) in the Netherlands

1.4 Youth Justice Agency (YJA) in Northern Ireland

2. Execution services

2.1 NeuStart in Austria

2.2 The French Community of Belgium

2.3 RvdK and youth probation services in the Netherlands

2.4 Youth Justice Agency (YJA) in Northern Ireland

6. Specialisation of detention institutions

1. Existence of separate detention facilities for minors

1.1 Separate youth (sections within an adult) prison in Austria

1.2 IPPJs as separate institutions in the French Community of Belgium

1.3 JJIs as separate institutions in the Netherlands

1.4 Juvenile justice and young offenders centre as separate institutions in Northern Ireland

2. Organisation of the youth detention institutions: adaptation of infrastructure, day structure and education

2.1 Infrastructure.

2.2 Daily regime, including education opportunities

2.2.1 Austria

2.2.2 The French Community of Belgium

2.2.3 The Netherlands

2.2.4 Northern Ireland

3. Training of staff members

3.1 Austria

3.2 French Community of Belgium

3.3 The Netherlands

3.4 Northern Ireland

Chapter 4. Youth justice reactions

1. Diversion reactions

1. National diversion reactions

1.1 Applicable procedural level and degree of priority

1.2 Police diversion

1.3 Diversion at the prosecution and court level

1.3.1 Non-intervention: dismissal

1.3.2 Diversion with intervention

i. Austria

ii. French Community of Belgium

iii. The Netherlands

iv. Northern Ireland

2. Definitive closure of the case and registration in criminal records

2.1 Consequences of diversion reactions in Austria

2.2 Consequences of diversion reactions in the French Community

2.3 Consequences of diversion reactions in the Netherlands

2.4 Consequences of diversion reactions in Northern Ireland

2. Alternative reactions

2. Mere declaration of guilt

3. Probation period and/or conditions

4. Financial reactions

5. Restorative justice reactions

6. Community-based reactions

7. Educational and care-based reactions

8. Table

3. Custodial reactions

1. Police custody

1.1 Competent actor and conditions

1.2 Duration and review

1.3 Alternatives and modalities of implementation

1.4 Table

2. Remand in custody

2.1 Conditions

2.2 Duration and review

2.3 Alternatives and modalities of implementation

2.4 Table

3. Custodial sentences

1. Life imprisonment

2. Custodial sentences in Austria

3. Custodial sentences in the French Community

4. Custodial sentences in the Netherlands

5. Custodial sentences in Northern Ireland.

6. Modalities of implementation.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

Description based on print version record.

Includes bibliographical references.

ISBN:

9789400113039

940011303X

OCLC:

1402819398