Chapter

Criminal Law

Steve Peers

in EU Justice and Home Affairs Law

Published in print March 2016 | ISBN: 9780198776840
Published online August 2016 | e-ISBN: 9780191841910 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780198776840.003.0003

Series: Oxford European Union Law Library

Criminal Law

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The criminal law process is challenging. However, it is further complicated when there are cross-border elements, such as the presence of a suspect, witness, or other evidence in a different country. To address such issues, there is a considerable body of international treaties, mostly emanating from the Council of Europe. Since the operation of these treaties is often considered to be ineffective in light of a perceived increase in cross-border crime, the EU has been active in adopting measures in this area and planning further measures. This chapter surveys the issues arising from mutual recognition in criminal law, starting with the basic issues of the institutional framework, an overview of measures adopted, legal competence, territorial scope, human rights, and overlaps with other (non-JHA) EU law. It then examines the EU’s mutual recognition measures, starting with extradition and the ‘flagship’ European arrest warrant, moving to analyse pre-trial measures addressing issues such as the movement of evidence and freezing orders, and then post-trial measures such as the recognition of sentences and confiscation orders and the transfer of prisoners. Finally, it concludes by examining the issues of administrative cooperation and EU funding and external relations, as they apply to criminal procedure.

Keywords: criminal law process; Council of Europe; EU law; post-trial measures; transfer of prisoners; external relations

Chapter.  43717 words. 

Subjects: EU Law

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