EU Criminal Law

Preface\nContents\nTable of Cases\n1. History, Principles and Institutions The Constitu\rtionalisation of EU Criminal Law\n	I. Introduction\n	II. Background: The Community and Criminal Law before Maastricht\n	III. The Third Pillar: The Institutional Framework\n	IV. The Third Pillar and the Constitutional Principles of the Community: The Contribution \rof the Court of Justice\n	V. The Politics of the Third Pillar: Member States’ Security Ambitions versus Institutional \rChecks and Limits\n	VI. The Lisbon Treaty and the Constitutionalisation of EU Criminal Law: Institutions, Principles and Rights\n	VII. Legal Basis Disputes and Contested Competence\n	VIII. Sovereignty Concerns and the Persistence of National Diversity\n	IX. The Interplay between EU Criminal Law and Upholding the Rule of Law\n	X. Conclusion\n2. \rSubstantive Criminal Law From Securitised to Functional Criminalisation\n	I. Introduction\n	II. Before Lisbon: The Interplay between Community Law and National Criminal Law\n	III. The Constitutional Politics of Criminalisation before Lisbon: The Competence Question\n	IV. EU Competence to Criminalise after Lisbon: Securitised and Functional Criminalisation\n	V. The Relationship between Criminal and Administrative Law\n	VI. Extending EU Competence to Criminalise Elsewhere in the Treaty\n	VII. Contesting EU Competence in Substantive Criminal Law: The Lissabon-Urteil\n	VIII. Policy Responses to the EU Competence to Criminalise after Lisbon\n	IX. EU Criminalisation Challenges and Prospects for Law Reform\n	X. Conclusion\n3. Ne Bis in Idem and Conflicts of Jurisdiction\n	I. Introduction\n	II. Legislation on Ne Bis in Idem at the European Level\n	III. Transnational Ne Bis in Idem: Scope and Content\n	IV. Concurrent Jurisdiction\n	V. Application of Ne Bis in Idem to Criminal and Administrative Proceedings Concerning the Same Facts\n	VI. Conclusion\n4. Mutual Recognition and Mutual Trust\n	I. Introduction\n	II. Mutual Recognition and Mutual Trust: Origins and Legal Architecture\n	III. Mutual Trust, Legality and Dual Criminality: From Advocaten voor de Wereld to Grundza\n	IV. Mutual Trust, Fundamental Rights and Proportionality: Radu\n	V. Mutual Trust and the Primacy and Autonomy of EU Law: From Melloni to Opinion 2/13\n	VI. Mutual Trust as a Challenge to Fundamental Rights and Constitutional Identity: The Response from the ECtHR and National Constitutional Courts\n	VII. A Paradigm Change by the Court of Justice: The Dialogical and Interactive Model of Scrutinising Mutual Trust in Aranyosi\n	VIII. Aranyosi as a Catalyst for Calm in the Battle for Authority and Primacy\n	IX. Contesting the Parameters of Mutual Trust after Aranyosi: Fundamental Rights\n	X. Contesting the Parameters of Mutual Trust after Aranyosi: The Rule of Law\n	XI. Mutual Trust through a Judicially Developed Level Playing Field: Autonomous Concepts\n	XII. Conclusion\n5. Legislating for Human Rights The EU Legal Framework on the Rights \rof Individuals in Criminal Proceedings\n	I. Introduction\n	II. The Rocky Road towards EU Law on the Rights of the Defendant before Lisbon\n	III. The Lisbon Breakthrough: The Emergence of an Express  EU Competence to Legislate on Criminal Procedure\n	IV. The Renewed Momentum towards EU Procedural Rights in the Light of Lisbon\n	V. The Content of EU Procedural Rights\n	VI. The Relationship between EU Secondary Law on Defence Rights and National Law\n	VII. The Relationship of EU Secondary Law with the ECHR and the Charter\n	VIII. Enhancing Defence Rights through Effective Enforcement\n	IX. Effectiveness through Interpretation: Autonomous Concepts\n	X. Conclusion: Towards a Paradigm Change in Europe’s Area of Criminal Justice\n6. The Place of the Victim in Europe\'s Area of Criminal Justice\n	I. Introduction\n	II. Victims\' Rights in EU Criminal Law: A Typology\n	III. The Place of the Victim in Europe\'s Area of Criminal Justice: Constitutional Implications\n	IV. The Impact of EU Law on Victims\' Rights on National Criminal Justice Systems\n	V. The Impact of Victims\' Rights on Justice in Europe\n	VI. Conclusion\n7. The Uneasy Relationship between EU Criminal Law and Citizenship of the EU\n	I. Introduction\n	II. Citizenship in EU Criminal Law\n	III. EU Criminal Law in EU Citizenship\n	IV. Conclusion: Towards a Paradigm Change in Citizenship and EU Criminal Law\n8. Bodies, Offices and Agencies\n	I. Introduction\n	II. Europol\n	III. Eurojust\n	IV. OLAF\n	V. The EPPO\n	VI. Other Bodies: Counter-terrorism, Migration, Informality and the Legacy of \'Cross-Pillarisation\'\n	VII. Inter-agency Cooperation\n	VIII. Controlling Bodies by Other Bodies and Agencies\n	IX. Conclusion: Extending the Field of Enforcement in the EU?\n9. Databases\n	I. Introduction\n	II. Centralised Databases\n	III. Decentralised Mechanisms of Data Exchange Amongst National Authorities\n	IV. The Privatisation of Information Exchange\n	V. Privacy and Protection of Personal Data in the Post-Lisbon Era\n	VI. Conclusion: What is the Future for Privacy and Data Protection in an Era of Security?\n10. The EU and the Global Governance of Crime\n	I. Introduction\n	II. Governing Crime via Global Multilateral Treaties: The EU and the UN\n	III. Governing Crime via Regional Multilateral Treaties: The EU and the Council of Europe\n	IV. Governing Crime via \'Soft\' Law: The EU and the FATF\n	V. Governing Crime via \'Global Administrative Law\': The EU and the UN Security Council\n	VI. Globalisation of Criminal Law through Synergy between \'Hard\' Law, \'Soft\' Law, \'Global Administrative Law\' and Supranational Law: The Case of \'Foreign Fighters\'\n	VII. Conclusion\n11. The External Dimension of Mutual Trust Transatlantic Counter-terrorism Cooperation\n	I. Introduction\n	II. Transatlantic Counter-terrorism Cooperation: A Typology of EU–US Agreements and their Impact on European Values\n	III. The Quest for Mutual Trust in Transatlantic Counter-terrorism Cooperation\n	IV. Conclusion\n12. EU Criminal Law after Brexit\n	I. Introduction\n	II. Before Brexit: The Ambivalent Relationship between the UK and European Criminal Law\n	III. The Run-up to Brexit: Political versus Operational Considerations\n	IV. After Brexit: The EU-UK Trade and Cooperation Agreement\n	V. Conclusion\nBibliography\nIndex