Handbook of European Criminal Procedure

This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the __ne bis in idem__ principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor’s Office. This volume analyses criminal procedural issues from a European perspective, considering both EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former are often compressed and not sufficiently developed. On the contrary, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book, which offers a guidance for practitioners, academics and students alike, covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor's Office. Roberto E. Kostoris is a Professor of Criminal Procedure at the University of Padua and Director of the PhD School of Law. He is a well-known expert of European criminal justice. He is author of more than two hundred publications and has taught at several foreign Universities. He is the founder and Editor in Chief of the book series “Comparative, European and International Criminal Justice”. He has received an Honorary Degree from the West University of Timisoara and is an Honorary Professor of the Leopold-Franzens University of Innsbruck. Resumen del editor: "This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European arrest warrant; but also the European investigation order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor's Office."- "This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European arrest warrant; but also the European investigation order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor's Office."-- Back cover Annotation This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor's Office Front Matter ....Pages i-xx Front Matter ....Pages 1-1 European Law and Criminal Justice (Roberto E. Kostoris)....Pages 3-63 Front Matter ....Pages 65-65 The Protection of Fundamental Rights (Roberto E. Kostoris)....Pages 67-98 The Content of Fundamental Rights (Antonio Balsamo)....Pages 99-170 Front Matter ....Pages 171-171 History of the Cooperation (Anne Weyembergh)....Pages 173-199 Vertical Cooperation (Gaetano De Amicis, Roberto E. Kostoris)....Pages 201-247 Horizontal Cooperation (Gaetano De Amicis)....Pages 249-278 Front Matter ....Pages 279-279 The Principle of Mutual Recognition (John R. Spencer)....Pages 281-295 Personal Freedom and Surrender (Marta Bargis)....Pages 297-352 Evidence Gathering (Marcello Daniele, Ersilia Calvanese)....Pages 353-391 Ne bis in idem and Conflicts of Jurisdiction (Pier Paolo Paulesu)....Pages 393-421 Enforcement of Judicial Decisions (Pier Paolo Paulesu)....Pages 423-431 Enforcement of Confiscation Orders (Ersilia Calvanese)....Pages 433-445