دانلود کتاب EU Criminal Law after Lisbon: Rights, Trust and the Transformation of Justice in Europe

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Acknowledgements\nContents\nTable of Cases\nTable of Legislation\n1. Introduction\n2. The Constitutionalisation of EU \rCriminal Law After Lisbon\n I. Introduction\n II. The Constitutionalisation of EU Criminal Law\n III. The Persistence of National Diversity\n IV. The Competence Debate-Contested Competence\n V. The Limits of Subsidiarity\n VI. The Limits of Justice A-la-Carte: Variable Geometry and the Case of the United Kingdom\n VII. Conclusion\n3. Defining EU Competence in Substantive Criminal Law: From Securitised to Functional Criminalisation\n I. Introduction\n II. The Constitutional Politics of Criminalisation \rBefore Lisbon: The Interplay Between Securitised \rand Functional Criminalisation\n III. EU Competence to Criminalise After Lisbon: Securitised and Functional Criminalisation Revisited\n IV. The Relationship Between Criminal \rand Adminstrative Law\n V. Extending EU Competence to Criminalise \rElsewhere in the Treaty\n VI. Policy Responses to the EU Competence to Criminalise After Lisbon\n VII. The Lisbon Treaty and the Impact \ron National Criminal Law\n VIII. Conclusion\n4. The Rocky Road to European \rProsecution: Caught Between \rCo-ordination and Centralisation\n I. Introduction\n II. Horizontal Co-ordination via the Protection \rof Fundamental Rights: The Emergence of a Transnational Ne Bis In Idem Principle\n III. Horizontal Co-ordination via the Establishment \rof Common Standards-The Case of Decisions \ron Choice of Forum and Conflicts of Jurisdiction\n IV. Towards Vertical Co-ordination: \rThe Evolution and Powers of Eurojust\n V. Towards the Establishment of the European Public Prosecutor\'s Office-Ambitions and Limits to Centralisation\n VI. The Quest for Coherence in Prosecution in a Fragmented Area of Criminal Justice\n VII. Conclusion\n5. Mutual Recognition and Mutual \rTrust in Europe\'s Area \rof Criminal Justice: The Centrality \rof Fundamental Rights\n I. Introduction\n II. Mutual Recognition as Legal Pluralism\n III. Establishing Limits to Automatic Recognition: \rThe Role of Fundamental Rights\n IV. Proportionality as a Limit to Mutual Recognition\n V. Mutual Recognition, Mutual Trust \rand the Rule of Law\n VI. Conclusion: From Presumed to Earned Trust in Europe\'s Area of Criminal Justice\n6. Legislating for Human Rights: The EU Legal Framework on the Rights of 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 Attribution of an Express (Albeit Functional) Competence \rto the European Union to Legislate on the Rights of the Individual in 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. Horizontal Issues: The Scope and Level of Protection of Procedural Rights After Lisbon\n VII. The Impact of EU Procedural Rights \ron National Legal Systems: Enforcement \rand Implementation of Rights\n VIII. The Impact of EU Procedural Rights on National Legal Diversity-The Role of Autonomous Concepts\n IX. Variable Geometry and EU Procedural \rRights-The Quest for Coherence\n X. Conclusion: Towards a Paradigm Change in Europe\'s Area of Criminal Justice\n7. 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\n8. The Uneasy Relationship Between EU Criminal Law and Citizenship of the Union\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\n9. The European Union and Preventive Justice. The Case of Terrorist Sanctions\n I. Introduction\n II. Preventive Justice via \'Global Administrative Law\': The Role of the UN Security Council\n III. Implementation of the UN Security Council Resolutions by the European Union\n IV. Judicial Review of the EU Implementation of UN Security Council Resolutions: Kadi I\n V. Judicial Review of the EU Implementation of UN Security Council Resolutions: Kadi II\n VI. Extending the Preventive Justice Framework in the Field of Counter-Terrorism: The Case of Measures on \'Foreign Fighters\'\n VII. Conclusion: Preventive Justice and \rthe Limits of Procedural Justice\n10. Conclusion. Placing the Individual \rat the Heart of European \rCriminal Justice\nBibliography\nIndex