Needed Balances in EU Criminal Law

Chloé Brière is Associate Member of the Centre for European Law at the Université 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 Université Libre de Bruxelles, and Co-coordinator of the European Criminal Law Academic Network (ECLAN).

This detailed volume, comprising some 23 chapters over six parts, aims to address the most potent questions arising in the field of EU criminal law today... the editors were able to draw upon an impressive range of expertise from academia and beyond... The resulting blend of law and policy insights on the history and future of EU criminal justice elevates the breadth and depth of the collection.

• Part I: Introduction1. Introduction by Vera Jourova, EU Commissioner for Justice, Consumers and Gender Equality 2. Introduction by Minister Koen Geens, Minister of Justice, Belgium3. Introduction by Minister Félix Braz, Minister of Justice, Luxembourg 4. Introduction: About ECLAN and the Balances that Need to be Struck in EU Criminal Law Chloé Brière 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 Institutions5. The Evolution of Competence Distribution Between the European Union and the Member States in the Criminal Field Samuli Miettinen6. ‘The Evolution of Competence Distribution Between the EU and the Member States in the Criminal Field’ (by Samuli Miettinen)—A (Short) Reaction Pedro Caeiro7. The Principle of Subsidiarity in EU Criminal Law Irene Wieczorek8. Challenges Facing the Academic Community: A Practitioner’s Point of View in Reaction to Irene Wieczorek’s Paper Eugenio Selvaggi9. Stepping into Uncharted Waters No More: The Court of Justice and EU Criminal Law Adam Lazowski10. The Evolution of the Relationship and Balance Between the Different EU Institutions Emilio de CapitaniPart III: The Quest for the Right Balance Between Diversity and Unity11. The Issue of Mutual Trust and the Needed Balance Between Diversity and Unity Daniel Flore12. The Sensitive Relationship Between the Different Means of Legal Integration: Mutual Recognition and Approximation Annika Suominen13. Mutual Recognition in EU Criminal Law and Fundamental Rights—The Necessity for a Sensitive Approach Anže ErbežnikPart IV: The Quest for the Right Balance Between Liberty and Security14. The External Dimension of Mutual Trust: The Coming of Age of Transatlantic Counter-terrorism Cooperation Valsamis Mitsilegas15. The Role of the Data Protection Authorities in Supervising Police and Criminal Justice Authorities Processing Personal Data Paul de Hert and Juraj Sajfert16. ‘Foreign Terrorist Fighters’—De-Radicalisation and Inclusion vs Law Enforcement and Corrections in Denmark Jørn Vestergaard17. A New Hope? The Court of Justice Restores the Balance Between Fundamental Rights Protection and Enforcement Demands in the European Arrest Warrant System Leandro Mancano18. Mutual Recognition and Cross-Border Interception of Communications: The Way Ahead for the European Investigation Order Lorena BachmaierPart V: The Quest for Balance Regarding Criminal Justice Actors and in Their Mutual Relations19. 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 Wahl20 The Cooperation Between Police and Justice at the EU Level: The Representative Example of Joint Investigation Teams Anne Weyembergh, Inés Armada and Chloé Brière21. The Draft Regulation on the Establishment of the European Public Prosecutor’s Office—Issues of Balance Between the Prosecution and the Defence Hans-Holger Herrnfeld22. The Material Scope of Competence of the European Public Prosecutor’s Office: Lex uncerta and unpraevia? John A.E. VervaelePart VI: Conclusion23. Afterword(s) on Mutual Recognition and the Respect for Fundamental Rights Revisited—Following the Judgment in Aranyosi and Caldararu Judge Lars Bay Larsen