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EU Criminal Justice

Fundamental Rights, Transnational Proceedings and the European Public Prosecutor's Office

  • Book
  • © 2019

Overview

Editors:
  1. Tommaso Rafaraci

    1. Department of Law, University of Catania, Catania, Italy

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  2. Rosanna Belfiore

    1. Department of Law, University of Catania, Catania, Italy

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  • Analyses the most recent measures adopted at EU level in the sectors of criminal procedure and judicial cooperation
  • Provides an analysis of some of the national implementing laws of EU measures in the sectors of criminal procedure and judicial cooperation
  • Covers the most topical issues concerning criminal procedure and judicial cooperation: procedural rights, investigation measures and the forthcoming European Public Prosecutor's Office

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Table of contents (15 chapters)

  1. Front Matter

    Pages i-xiii
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  2. Rights and Guarantees of Suspects and Defendants in Criminal Proceedings: The EU Directives and Their Impact on National Laws

    1. Front Matter

      Pages 1-1
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    2. Fair Trial Rights in the European Union: Reconciling Accused and Victims’ Rights

      • André Klip
      Pages 3-25

    3. The Implementation of the Directive on Linguistic Assistance in Italy, Between Changes to the Code of Criminal Procedure and Case-Law Resistance

      • Mitja Gialuz
      Pages 27-41

    4. Awareness of One’s Own Rights and Knowledge of the Accusation: The Implementation of the Directive on the Right to Information in Italy

      • Daniele Negri
      Pages 43-55

    5. The Right of Access to a Lawyer in the European Union: Directive 2013/48/EU and Its Implementation in Spain

      • Mar Jimeno-Bulnes
      Pages 57-70

    6. “Minimum” Procedural Rights in Judicial Cooperation Procedures

      • Cristina Mauro
      Pages 71-81

  3. Transnational Criminal Investigations and Proceedings: Instruments of Judicial Cooperation in Criminal Matters

    1. Front Matter

      Pages 83-83
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    2. The European Investigation Order for Evidence Gathering Abroad

      • Fabrizio Siracusano
      Pages 85-101

    3. Freezing Evidence and Property: Already in Force Mutual Recognition Among EU Member States

      • Gabriella Di Paolo
      Pages 103-114

    4. Conflicts of Jurisdiction in Criminal Proceedings in Europe: Between Bis In Idem and Lis Pendens

      • Lucia Parlato
      Pages 115-129

    5. Joint Investigation Teams in the Italian Legislation Implementing Framework Decision 2002/465/JHA

      • Rosanna Belfiore
      Pages 131-141

    6. Judicial Cooperation System in the Fight Against Transnational Organised Crime

      • Francesco Testa
      Pages 143-154

  4. The Establishment of the European Public Prosecutor’s Office: Steps Forward Versus National Resistances

    1. Front Matter

      Pages 155-155
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    2. Brief Notes on the European Public Prosecutor’s Office: Ideas, Project and Fulfilment

      • Tommaso Rafaraci
      Pages 157-163

    3. The European Public Prosecutor: Controversy Expressed in Structural Form

      • Marianne L. Wade
      Pages 165-180

    4. Eurojust and the European Public Prosecutor’s Office. Introduction to a Historic Reform

      • Francesca Ruggieri
      Pages 181-189

    5. Judicial Control of the European Public Prosecutor’s Office

      • Martin Böse
      Pages 191-203

    6. Defence Areas and Limits in the Investigations of the European Public Prosecutor

      • Ezechia Paolo Reale
      Pages 205-214
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Keywords

About this book

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.

Editors and Affiliations

  • Department of Law, University of Catania, Catania, Italy

    Tommaso Rafaraci, Rosanna Belfiore

About the editors

Rosanna Belfiore, Lecturer of Criminal Procedure, University of Catania
Tommaso Rafaraci, Professor of Criminal Procedure, University of Catania


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