Irene Wieczorek - Böcker

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.

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.