Anne Weyembergh - Böcker

This book examines the varied competences of the European Union (EU) in relation to its capacity to externalize its policy preferences. Specifically, it explores the continued resilience within the EU’s policy toolbox of supranational modes of governance beyond the State.The book first situates European experiences of supranationality in relations to the wide variety of regional and global modes of governance it comes into contact with when seeking to deal with an increasingly complex and fragmented international environment. Over the course of its subsequent sections, the book analyses the resilience, flexibility and adaptability of the EU’s supranational practices across a significant cross-section of policy fields, for example, Area Freedom of Justice, Justice and Security; Socio-economic Governance; or Trade Policies. Overall, these chapters unpack the impact of the EU’s internal institutional complexity on the EU's external capacity to export its preferences in an increasingly fragmented international environment. This in turn, sees the book also question whether the EU has the institutional tools to guarantee and implement consistency between its internal and external policies. This book will be of key interest to scholars and students of EU politics/studies and more broadly to International relations, International/EU Law, comparative regionalism, international political economy, security studies, international law.

This book examines the varied competences of the European Union (EU) in relation to its capacity to externalize its policy preferences. Specifically, it explores the continued resilience within the EU’s policy toolbox of supranational modes of governance beyond the State.The book first situates European experiences of supranationality in relations to the wide variety of regional and global modes of governance it comes into contact with when seeking to deal with an increasingly complex and fragmented international environment. Over the course of its subsequent sections, the book analyses the resilience, flexibility and adaptability of the EU’s supranational practices across a significant cross-section of policy fields, for example, Area Freedom of Justice, Justice and Security; Socio-economic Governance; or Trade Policies. Overall, these chapters unpack the impact of the EU’s internal institutional complexity on the EU's external capacity to export its preferences in an increasingly fragmented international environment. This in turn, sees the book also question whether the EU has the institutional tools to guarantee and implement consistency between its internal and external policies. This book will be of key interest to scholars and students of EU politics/studies and more broadly to International relations, International/EU Law, comparative regionalism, international political economy, security studies, international law.

This book is the first to map and critically analyse the legalisation of EU-Japan cooperation in criminal justice matters, charting the existing legal instruments which regulate cooperation in the fight against crime between European states and Japan. It examines which forms of cooperation are regulated by EU Law, and which are not, and takes stock through selected case studies of the functioning in practice of cooperation between the EU as an organisation, single European States and Japan. The book focuses particularly on police cooperation, exchange of electronic evidence, mutual legal assistance, extradition, transfer of prisoners and data exchanges. It looks at the EU-Japan MLA Agreement, the Europol-Japan National Police Agency Working Arrangement, the negotiations on a PNR Agreement, and the Council of Europe Convention for Transfer of Sentenced Persons; all instruments aimed at regulating cooperation against crime between European states and Japan. Finally, the book also looks at the implications for the fight against crime of the EU-Japan Economic Partnership Agreement, Strategic Partnership Agreement, and the European Commission Adequacy decision. This book will be of key interest to scholars and students of EU Criminal law, EU-Japan cooperation, Japanese studies, transnational crime, and more broadly to comparative criminal justice, International Relations and security studies.Chapter 1 and 9 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non-Commercial-No Derivatives 4.0 licence.

This book is the first to map and critically analyse the legalisation of EU-Japan cooperation in criminal justice matters, charting the existing legal instruments which regulate cooperation in the fight against crime between European states and Japan. It examines which forms of cooperation are regulated by EU Law, and which are not, and takes stock through selected case studies of the functioning in practice of cooperation between the EU as an organisation, single European States and Japan. The book focuses particularly on police cooperation, exchange of electronic evidence, mutual legal assistance, extradition, transfer of prisoners and data exchanges. It looks at the EU-Japan MLA Agreement, the Europol-Japan National Police Agency Working Arrangement, the negotiations on a PNR Agreement, and the Council of Europe Convention for Transfer of Sentenced Persons; all instruments aimed at regulating cooperation against crime between European states and Japan. Finally, the book also looks at the implications for the fight against crime of the EU-Japan Economic Partnership Agreement, Strategic Partnership Agreement, and the European Commission Adequacy decision. This book will be of key interest to scholars and students of EU Criminal law, EU-Japan cooperation, Japanese studies, transnational crime, and more broadly to comparative criminal justice, International Relations and security studies.Chapter 1 and 9 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non-Commercial-No Derivatives 4.0 licence.

PRAISE FOR THE BOOK“…essential reading for anyone interested in the existence and exercise of EU powers in the field of criminal law. Öberg’s critical examination of the constitutional constraints to EU action also raises many questions that are of great interest in other areas of EU competence. The book deserves a wide readership among scholars interested in the constitutional workings of the European Union.”Samuli Miettinen, University of Helsinki & Tallinn University"The main strength of this book lies in its comprehensiveness of dealing with the topical issue of EU regulatory criminal law from the fascinating perspective of limits to EU powers. Its particular contribution to existing scholarship in the field of EU criminal law concerns its focus on judicial checks on the exercise of competences as to which the book offers a convincing proposal for a stricter standard for judicial review in matters of regulatory criminal law and beyond."Professor Jannemieke Ouwerkerk, Leiden Law School"An excellent read on competence allocation in EU law and what it means in criminal law context. This book guides the reader through very complex questions of the contours of subsidiarity, national competences and the exact limits of EU powers. It also supplies up to date case studies of financial crimes and the need for the EU to act effectively and thereby increase confidence in the market and the challenges it may cause for national systems. A very timely contribution."Ester Herlin Karnell, VU University AmsterdamPursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law.

Every managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers’ excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions.

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.

This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice.The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law.This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.

This book explores the external dimension of the ambitious EU policy on human trafficking. Through this policy the EU institutions and Member States promote the eradication of human trafficking and support, to that end, cooperation with their partners, being third States or international organisations. Analysing the unilateral and multilateral mechanisms the EU uses to achieve these aims, the book questions whether the EU’s external response to human trafficking addresses it in all its dimensions, and whether it does so in a coherent way. As a case study, the book explores the cooperation of the EU with countries of the Western Balkans, which constitutes a specific unilateral mechanism. The analysis of the multilateral mechanisms covers the cooperation of the EU with key international and regional organisations combating human trafficking, including but not limited to the Council of Europe or the United Nations Office on Drugs and Crime. The book also examines the impact of the evolution of migration flows and the increasing reliance of military tools on the EU’s response to human trafficking.

PRAISE FOR THE BOOK“…essential reading for anyone interested in the existence and exercise of EU powers in the field of criminal law. Öberg’s critical examination of the constitutional constraints to EU action also raises many questions that are of great interest in other areas of EU competence. The book deserves a wide readership among scholars interested in the constitutional workings of the European Union.”Samuli Miettinen, University of Helsinki & Tallinn University"The main strength of this book lies in its comprehensiveness of dealing with the topical issue of EU regulatory criminal law from the fascinating perspective of limits to EU powers. Its particular contribution to existing scholarship in the field of EU criminal law concerns its focus on judicial checks on the exercise of competences as to which the book offers a convincing proposal for a stricter standard for judicial review in matters of regulatory criminal law and beyond."Professor Jannemieke Ouwerkerk, Leiden Law School"An excellent read on competence allocation in EU law and what it means in criminal law context. This book guides the reader through very complex questions of the contours of subsidiarity, national competences and the exact limits of EU powers. It also supplies up to date case studies of financial crimes and the need for the EU to act effectively and thereby increase confidence in the market and the challenges it may cause for national systems. A very timely contribution."Ester Herlin Karnell, VU University AmsterdamPursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law.

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.

The exploitation of labour is one of the most widespread forms of so-called "modern slavery" and, therefore, there is a need for an in-depth analysis in order to aid the development of a successful counter-strategy. Taking the definitions contained in international law as its starting point, this book is an investigation of the fine lines between labour exploitation, the trafficking of human beings and other phenomena such as forced labour and slavery. An analysis of the supranational framework concludes with an examination of the jurisprudence produced by the Court of Strasbourg in article 4 of the ECHR, legislation to which the theory of positive obligations elaborated by the Court was soon extended.With regard to specific nations, the book focuses on Italy, France, Spain and the UK, with an analysis of how supranational obligations to criminalize certain activities have been implemented, as well as including an evaluation of the adequacy of the incriminating provisions that have been adopted at national level in order to effectively combat the complex phenomenon of modern slavery.

This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks ’Why EU Criminal Law?’ looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book then questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself.

Every managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers’ excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions.

The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders. The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order.

This book explores the external dimension of the ambitious EU policy on human trafficking. Through this policy the EU institutions and Member States promote the eradication of human trafficking and support, to that end, cooperation with their partners, being third States or international organisations. Analysing the unilateral and multilateral mechanisms the EU uses to achieve these aims, the book questions whether the EU’s external response to human trafficking addresses it in all its dimensions, and whether it does so in a coherent way. As a case study, the book explores the cooperation of the EU with countries of the Western Balkans, which constitutes a specific unilateral mechanism. The analysis of the multilateral mechanisms covers the cooperation of the EU with key international and regional organisations combating human trafficking, including but not limited to the Council of Europe or the United Nations Office on Drugs and Crime. The book also examines the impact of the evolution of migration flows and the increasing reliance of military tools on the EU’s response to human trafficking.

This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.

This collection looks at the protection of victims’ rights in EU law. Taking a four-part approach, it firstly focuses on the Victims’ Rights Directive and the proposal for a Directive on combating violence against women. It then explores victims’ rights in the national laws of the Member States, including France, Germany, Hungary, the Netherlands, Romania, Lithuania and Ireland.Finally it analyses the main challenges in the field and the need for coherence between the different competing interests.

This collection looks at the protection of victims’ rights in EU law. Taking a four-part approach, it firstly focuses on the Victims’ Rights Directive and the proposal for a Directive on combating violence against women. It then explores victims’ rights in the national laws of the Member States, including France, Germany, Hungary, the Netherlands, Romania, Lithuania and Ireland.Finally it analyses the main challenges in the field and the need for coherence between the different competing interests.

Through an examination of the underlying technology driving digital currencies, this book offers a comprehensive understanding of the mechanisms governing their operation, clarifying complex legal concepts and confronting the pressing issue of anonymity inherent in digital currency transactions.The book focuses on two categories of digital currencies: cryptocurrencies (eg, bitcoin) and in-game currencies (the currencies used in the closed virtual environment of a game). Despite their differences in governance – cryptocurrencies being decentralised and in-game currencies being centralised – they share significant similarities in terms of anonymity, which presents a notable issue within the anti-money laundering (AML) framework. Against the backdrop of both the international AML standards developed by the Financial Action Task Force (FATF) and the European Union AML regime, the book examines the AML compliance stage of the private sector and, specifically, the collection and retention of data relating to digital currency users. It analyses the new AML Regulation, alongside the 5th AML Directive, the Market in Crypto-Assets (MiCA) Regulation and the ‘Travel Rule’ Regulation, to construct a complete picture of the obligations imposed on virtual asset service providers and to assess whether the new framework disproportionately interferes with the right to privacy and data protection of the end user. In doing so, the book offers the first legal assessment of the proportionality of private-sector AML obligations in the field of digital currencies based on the argument that, in this context, EU AML law is increasingly transforming into a surveillance regime.

This book analyses the theorisation and application of proportionality of criminal offences and penalties in EU law, shedding light on its hybrid nature.In the EU legal order, proportionality amounts to a general principle playing a crucial role in limiting the exercise of EU powers, assessing domestic measures’ compatibility with internal market freedoms, and adjudicating fundamental rights. The EU concept of proportionality has a precise theorisation, but the principle assumes a distinct physiognomy in EU criminal law. Indeed, proportionality has a different meaning in criminal law, linked to theories of punishment. Not only do the two understandings of proportionality coexist in EU criminal law, but they are also intertwined, thus giving rise to a hybrid principle. However, their uneasy relationship remains unexplored.To understand this unique interaction, the book deepens theorisation and applications of the hybrid principle of proportionality of criminal offences and penalties in the EU legislative practice on the harmonisation of substantive criminal law and ECJ case law on the review of domestic criminal measures. This analysis gives fresh insights into the relationship between the EU and criminal law concepts of proportionality within the EU legal order.

This book focuses on legislative frameworks for data access investigative measures in the EU, and their legal conflicts with data protection law.It identifies four data access investigative measures developed by EU law: access to passenger name records, access to financial data, access to electronic communications and access to e-evidence. The security objectives pursued by data access investigative measures conflict with the fundamental right to personal data protection guaranteed by Article 8 of the Charter of Fundamental Rights of the EU. While there is a lot of case law of the Court of Justice of the EU dedicated to data access investigative measures, the Court is struggling with finding a correct and workable solution for the conflict.The book finds the best available method to strike the right balance and solve the apparent legal conflict, while positioning the outdated cliché on ‘privacy v. security’ in a proper empirical and theoretical framework.