European criminal law is explained as a multi-level field of law, in which the European Union has a normative influence on substantive criminal law, criminal procedure and on the co-operation between Member States. This book aims to analyse the contours of the emerging criminal justice system of the European Union and to present a coherent picture of the legislation enacted and the case law on European Union level and its influence on national criminal law and criminal procedure, with specific attention for the position of the accused.
Among the topics and questions covered in this book are the following: What does mutual recognition mean in the context of the European Arrest Warrant? How can European Union law be invoked by an accused standing trial in a national criminal proceeding? When is the Charter of Fundamental Freedoms applicable in national criminal proceedings? These and other pertinent questions are dealt with on the basis of an in-depth analysis of the case law of the Court of Justice and legislation. In addition, the book challenges the reader to assess the mutual influence of Union law and national criminal law respectively and explains how Union law will usually prevail although national criminal law still remains relevant.
The book is unique in the wealth of court decisions and legal instruments it covers. This makes European Criminal Law an invaluable source for every European and criminal lawyer (be they practitioner, academic or student). This third updated and extended edition fully covers the transitionary period of the Treaty of Lisbon as well as all other developments up to and including autumn 2015.
‘Now in its third edition, Professor Klip's book is the preeminent and most authoritative examination of European criminal law. The author provides a clear narrative of the subject. It is thoroughly up to date. The book offers admirable breadth and depth. […] This is a unique and invaluable book, assimilating EU law, sources and practice, describing the legal instruments but providing context and interpretation with reference to case law.’
David J Dickson, solicitor advocate, Head of Extradition, Crown Office, Edinburgh in The Journal, april 2016
About the previous editions:
‘[…] his innovative scheme has caused him to think ahead. It is to this book, I suspect, that both lawyers and policy-makers will increasingly refer when confronted by some new issue.’
Prof. John Spencer (Cambridge University) in CMLR (2010) 1557, 1559 (on the 1st edition of European Criminal Law)
‘Overall this is an impressive work: it is a thorough and skilful analysis, practically touching all essential aspects of the criminal justice system. It is a tremendous work of synthesis, drawing conclusions from over 200 legislative acts and over 750 decisions of the European Court of Justice.’
Prof. Norel Neagu (Police Academy, Bucharest) in European Law Review (2010) 447, 449 (on the 1st edition of European Criminal Law)
‘The House of Lords EU Subcommittee E launched an inquiry which posed the question: “Should EU laws on policing and crime adopted before the Lisbon Treaty entered into force in December 2009 continue to apply in the UK after they become subject to the jurisdiction of the European Court of Justice in December 2014?” Anyone who seeks to understand and answer the impact of that question and its answer would do well to read Professor Klip’s outstanding text […].’
David J Dickson, solicitor advocate, Head of Extradition, Crown Office, Edinburgh in The Journal of the Law Society of Scotland (2013) (on the 2nd edition of European Criminal Law)
CHAPTER 1. INTRODUCTION (p. 1)
Parts of this book have been made open access. We make chapters open access because they are particularly topical, or provide a useful introduction to the subject. They may be available for a limited time or indefinitely. Some books are entirely and permanently open access.
The series Ius Communitatis – Textbooks on European Union Law de lege lata focuses on various aspects of European Union Law.
The volumes cover the most important topics in the ‘Europeanisation’ of law. For practitioners – solicitors and barristers, corporate lawyers, judges or lawyers in state authorities or ministries – who do not wish to turn a blind eye to European law, the series provides a reliable treatment with sufficiently detailed references to the important problems. The volumes provide practitioners with all they need on the EC level, and moreover give comparative law and legal policy insight. As a series, they give an overview of those areas most affected by European law. Likewise, they provide advanced students with material for excellent examination results. Each volume is written by an authoritative expert in the field. The remaining volumes will follow in 2008 and 2009. All the books in the Ius Communitatis-Series focus on Community regulations as experienced in daily practice. Each volume covers the entire field of law in a distinctive and comprehensive way.
The series is published under the editorial supervision of Prof. Dr. Dr. Stefan Grundmann LL.M. (Humboldt-Universität zu Berlin, Germany), the co-founder of the Society of European Contract Law (SECOLA).
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