Eu Criminal Justice: Fundamental Rights, Transnational Proceedings and the European Public Prosecutor's Office

ISBN-13: 9783319973180 / Angielski / Twarda / 2019 / 214 str.

Tommaso Rafaraci; Rosanna Belfiore

Opis

The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees.

Spis treści

Part I Rights and Guarantees of Suspects and Defendants in criminal proceedings: The EU directives and Their impact on National Laws: Fair Trial Rights in the European Union: Reconciling Accused and Victims’ Rights.- The Implementation of the Directive on Linguistic Assistance in Italy, Between Changes to the Code of Criminal Procedure and Case-law Resistance.- Awareness of One’s Own Rights and Knowledge of the Accusation: The Implementation of the Directive on the Right to Information in Italy .- The Right of Access to a Lawyer in the European Union: Directive 2013/48/EU and Its Implementation in Spain.- “Minimum” Procedural Rights in Judicial Cooperation Procedures.- Part II Transnational Criminal Investigations and Proceedings: Instruments of Judicial Cooperation in Criminal Matters: The European Investigation Order for Evidence Gathering Abroad.- Freezing Evidence and Property: Already in Force Mutual Recognition among EU Member States.- Conflicts of Jurisdiction in Criminal Proceedings in Europe: Between Bis In Idem and Lis Pendens.- Joint Investigation Teams in the Italian Legislation implementing Framework Decision 2002/465/JHA.- Judicial Cooperation System in the Fight against Transnational Organised Crime.- Part III The establishment of the European Public Prosecutor’s Office: Steps Forward versus National Resistances: Brief Notes on the European Public Prosecutor’s Office: Ideas, Project and Fulfilment.- The European Public Prosecutor – Controversy Expressed in Structural Form.- Eurojust and the European Public Prosecutor’s Office. Introduction to a Historic Reform.- Judicial Control of the European Public Prosecutor’s Office.- Defence Areas and Limits in the Investigations of the European Public Prosecutor.

O autorze

Rosanna Belfiore, Lecturer of Criminal Procedure, University of Catania

Tommaso Rafaraci, Professor of Criminal Procedure, University of Catania

Blurb

This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.