The Fight Against Impunity in EU Law (Hart Studies in European Criminal Law Book 11)

The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much-needed conceptual appraisal. The first section examines the scope of the concept of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity – and of the fight against it – in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which will be of interest to academics, researchers and policymakers alike. Volume 11 in the series Hart Studies in European Criminal Law Acknowledgements List of Contributors 1. Introduction: Is There a Fight against Impunity in the EU Legal System? Part A: Impunity in EU Law: A Conceptual Appraisal 2. Conceptualising Impunity in the Law of the European Union I. Introduction II. The Fight against Impunity and the Protection of the Interests of the Union: The Case of the Union's Financial Interests III. The Fight against Impunity in Europe's Area of Freedom, Security and Justice: Mutual Recognition IV. The Fight against Impunity in Europe's Area of Freedom, Security and Justice: Transnational ne bis in idem V. The Fight against Impunity and International Cooperation in Criminal Matters VI. The Fight against Impunity and the Globalisation of Law Enforcement: The Case of Digital Evidence VII. Conclusion: Reimagining Impunity in Europe's Area of Justice 3. Fundamental Rights-Oriented Repression in the EU? Exploring the Potential and Limits of an Impunity Rationale to Justify Criminalisation in the EU Legal Order I. Introduction II. EU Criminal Law and the Emergence of Fundamental Rights in the EU Legal Order III. The Reductionist Nature of a Fundamental Rights-Oriented Approach IV. The Functioning of Fundamental Rights-Based Impunity Rationales in EU Legislative Practice Concerning Matters of Substantive Criminal Law V. Final Remarks 4. The Role of the Fight against Impunity in EU Criminal Policy Preparation and Evaluation I. Introduction II. EU Policy Preparation and Evaluation: Origins and Application of the Concept of Better Lawmaking III. The Implementation of Better Lawmaking Criteria in the Area of EU Criminal Law IV. European Public Prosecutor"s Office V. Recommendations on how the Fight against Impunity May be Further Embedded in the EU Criminal Policy Cycle Part B: The Fight against Impunity and the Allocation of Criminal Jurisdiction in the EU 5. EU Substantive Criminal Law and Jurisdiction Clauses: Claiming Jurisdiction to Fight Impunity? I. Introduction II. Concepts of Jurisdiction III. Jurisdiction Clauses Originating from International Crime Control Treaties IV. Critical Assessment V. Conclusion 6. Between Impunity and the Protection of Fundamental Rights: The Case Law of the CJEU and the ECtHR on the ne bis in idem Principle I. Introduction II. The Parallel Application of Criminal and Administrative Law III. The Enforcement Requirement from Article 54 CISA: The Case Law of the CJEU on Article 54 CISA IV. An Exception to the ne bis in idem Rule to Avoid Impunity? The Need for a novum Rule V. Findings 7. Impunity and Conflicts of Jurisdiction within the EU: The Role of Eurojust and Challenges for Fundamental Rights I. Introduction – Identification of the Problem II. Critical Evaluation of the Rules Addressing the Problem III. Shortcomings and Future Perspectives IV. Conclusions on the Link between Fighting Impunity and Conflicts of Jurisdiction in the EU 8. The Fight against Impunity between EU and National Legal Orders: What Role for the EPPO? I. Introduction II. Terms of the Analysis: A Definition III. EPPO Regulation and the Fight against Impunity IV. Conclusion Part C: The Fight Against Impunity and the EU Instruments Implementing the Principle of Mutual Recognition in Criminal Matters 9. The European Supervision Order: The Need for a New Culture of Combating Impunity I. Introduction II. The Structure and Functioning of the ESO III. The Specificities of ESO IV. Conclusions 10. Information Sharing as a Tool in the Fight against Impunity in the European Union I. Introduction II. Developments in the Judicial and Law Enforcement Access to Data in a Transnational Context III. Cross-Border Access to Data by Law Enforcement Authorities and Integration Dynamics IV. The Reshuffling of Responsibilities between Different Actors V. Concluding Remarks 11. Clash of the Titans: The Fight against Impunity versus Social Rehabilitation and the Protection of Fundamental Rights within the Framework of Prisoner Transfers in the EU I. Introduction II. Framework Decision 2008/909/JHA, its Main Provisions and the Report of the European Commission III. Avoiding Impunity versus Social Rehabilitation: A View from the Court IV. A Paradigm Shift: The Fight against Impunity versus the Protection of Fundamental Rights V. Would It Be Possible to Apply the Aranyosi and Cldraru Test to Framework Decision 2008/909/JHA? VI. Conclusion Part D: Impunity and New Surveillance Technologies Under EU Law 12. Stepping Up the Fight against Impunity in EU Law: Access to Immigration Databases by National Law Enforcement Authorities and Europol I. Introduction II. EU Databases for Third-Country Nationals: A Sketch III. Access to Immigration Data by National Law Enforcement Authorities and Europol: An Ancillary Objective IV. Law Enforcement Access to Immigration Control Databases: An Appraisal V. The Plot Twist: Interoperability VI. Conclusion 13. Enhancing Policing through Algorithmic Surveillance I. Introduction II. A Roadmap for Preventive Justice III. Beyond Data Protection IV. Conclusions 14. Fighting Impunity with New Tools: How Big Data, Algorithms, Machine Learning and AI Shape the New Era of Criminal Justice I. Introduction II. Automating Crime Control: The State of Affairs III. The Legal Framework for the Use of Big Data, AI and Algorithms in Criminal Justice Systems IV. How should Technologies be Shaped? V. Conclusion Part E: The Fight against Impunity and the External Dimension of the AFSJ 15. International Fight against Impunity and EU Counter-Terrorism Law: The Case of Foreign Terrorist Fighters I. Introduction II. International Fight against Foreign Terrorist Fighters at Different Levels of Governance III. Convergence between EU and International Standards in Relation to FTFs IV. Divergence: Scope and Limits of External Influences V. Conclusion 16. Impunity and EU or Member States' Extradition Agreements with Third Countries I. Introduction II. Extradition Requests for the Purpose of Prosecution III. Extradition Requests for the Purpose of Enforcement of Sentences IV. The Limits to Member States' Foreign Powers in the Context of Extradition Agreements V. 'Justifying' EU Law: The aut dedere aut iudicare Principle VI. Conclusions 17. Commercial Data Transfers and Liaison Officers: What Data Protection Rules Apply in the Fight against Impunity When Third Countries Are Involved? I. Introduction II. EU Data Protection Framework III. Impunities Surrounding the Deployment of Liaison Officers IV. Conclusions: Impunities from Data Protection? 18. The Court of Justice of the European Union and the International Criminal Court: The Fight against Impunity between Complementarity and Mandatory Requirements I. Introduction II. Fighting against Impunity by Enlarging the Scope of Supranational Law III. Fighting against Impunity by Narrowing Down the Scope of Supranational Law IV. Conclusions Index Présentation de l'éditeur : "The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike." "The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely book is the first comprehensive research to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. Over the last years, the fight against impunity has amounted to a pressing concern for the European institutions. It has shaped several EU policies and has become a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike"-- Provided by publisher