Procedural Safeguards from an Empirical Perspective
Author: Miet Vanderhallen,Marc Van Oosterhout,Dorris De Vocht,Michele Panzavolta
This book is the second of two volumes published in the context of the research project 'Protecting Young Suspects in Interrogations'. This EU-funded research project sprung from the observation that knowledge of the existing level of procedural protection offered to juvenile suspects during interrogation is limited. The research project aimed to fill at least part of this gap by shedding more light on the existing procedural rights for juveniles during interrogations in five EU Member States with different systems of juvenile justice (Belgium, England and Wales, Italy, Poland and the Netherlands). In doing so, it intended to identify legal and empirical patterns to improve the effective protection of the juvenile suspect. The project has been a joint effort of Maastricht University, Warwick University, Antwerp University, Jagiellonian University and Macerata University in cooperation with Defence for Children and PLOT Limburg. The results of the first part of the project - a legal and comparative study into existing legal procedural safeguards for juvenile suspects during interrogation in the five selected Member States - have been published in a separate volume (M. Panzavolta, D. de Vocht, M. van Oosterhout and M. Vanderhallen, Interrogating Young Suspects: Procedural Safeguards from a Legal Perspective, Cambridge: Intersentia 2015). This second volume reflects the results of the second and third part of the research project. First, it contains the results of the empirical research conducted in the five Member States consisting of focus group interviews and observations of recorded interrogations. The empirical findings of each Member State are discussed in separate chapters to provide an in-depth account of perceptions and practices in the context of each jurisdiction. Second, the country reports are followed by an integrated analysis resulting from the merging of the legal and empirical findings offering a comparative overview and combining the national findings into an integrated perspective. Finally, the book contains a set of guidelines - a framework of minimum rules - developed on the basis of the research project's findings. The guidelines and their additional explanatory remarks include recommendations for good practices and are intended to serve as an inspiration for promoting good practice in the context of juvenile suspect interrogations throughout the EU. The book is intended for practitioners, academics, researchers and policy-makers working in the area of juvenile justice and interrogation.
Publisher: Intersentia Uitgevers N V
Based on a three year research study, the book explores and compares access to effective defence in criminal proceedings across nine European jurisdictions that constitute examples of the three major legal traditions in Europe, inquisitiorial, adversarial and post-state socialist: Belgium, England & Wales, Finland, France, Germany, Hungary, Italy, Poland and Turkey. --
Author: Olivier De Schutter
Publisher: Edward Elgar Publishing
This volume offers a selection of those major contributions which have shaped debate in the field of economic, social and cultural rights. the broad range of discussion includes: the nature of economic, social and cultural rights and the ability of courts to protect them; the effectiveness of non-judicial protective mechanisms at both the universal and the domestic level; ways of measuring whether states do enough to 'progressively realize' these rights; the impact of trade and investment liberalization, and of economic globalization generally, on the fulfilment of such rights; and the role of economic, social and cultural rights in development.
An Empirical Account of Suspects' Rights in Four Jurisdictions
Author: Jodie Blackstock,Ed Cape,Taru Spronken,Jacqueline Hodgson,Anna Ogorodova
Publisher: Intersentia Uitgevers N V
This empirical study of the procedural rights of suspects in four EU jurisdictions - France, Scotland, the Netherlands, and England/Wales - focuses on three of the procedural rights set out in the EU Roadmap for strengthening the procedural rights of suspected or accused persons in criminal proceedings: the right to interpretation and translation, the right to information and the letter of rights, and the right to legal assistance before and during police interrogation. In order to examine how these procedural rights operate in practice, the book's authors spent two to five months in eight field sites across these four jurisdictions. They watched lawyers and police officers during the period of police custody, they examined case records, they observed lawyer-client consultations, and they attended suspect interrogations. Furthermore, they conducted 75 interviews with police officers, lawyers, and accredited legal representatives. In addition to producing and analyzing empirical data, the authors have developed training guidelines for lawyers and police officers involved in the police detention process for use across the EU. The project team also produced a series of recommendations for legislative and policy changes designed to ensure better enforcement of the EU procedural rights' instruments that are envisaged in the Stockholm Programme, a five-year plan with guidelines for justice and the home affairs of the Member States of the EU. (Series: Ius Commune Europaeum - Vol. 113)
Legal Information Transfer
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic Epublisher
Category: Complementarity (International law)
'Positive complementarity' has become a trendy term since the 2010 Kampala Review Conference. Little thought went into its definition when it was first coined in informal discussions at the International Criminal Court in 2003. 'Complementarity' in the Court's Statute is a passive admissibility threshold below which the Court will not investigate or prosecute. The process to construct national ability to investigate and prosecute core international crimes, on the other hand, requires tireless efforts by numerous international and national actors for many years to come. Democratizing the access to legal information should lie at the heart of such capacity building and knowledge-transfer. One way of reducing existing conditions of inequality faced by war crimes lawyers and investigators operating in different jurisdictions is to facilitate the direct access of national actors to legal sources and knowledge. This book seeks to make the existing capacity building discourse more practical, focused and real. It brings together contributions by persons with expertise in the practice of capacity building, the development and maintenance of tools that can be used to make knowledge-transfer more effective and sustainable, and international criminal law. The Legal Tools Project of the International Criminal Court - a technical platform that can be used by those who intend to strengthen capacity - is discussed in some detail.
Moving Beyond Actors, Bringing Logic Back, Footed in Reality
Author: Gert Vermeulen,Wendy De Bondt,Charlotte Ryckman
In the European Union, international cooperation in criminal matters has grown exponentially over the past few decades. Importantly, there are a wide variety of authorities involved therein, rendering the traditional distinction between police and judicial cooperation as outdated. Furthermore, its rapid growth exposed this policy field to inconsistencies and incoherence. Additionally, despite the wave of new legislation, important lacunae can be identified, setting important challenges for the future. The combination of these issues clarifies the title of this book: there is a pressing need to rethink international cooperation in criminal matters. In answer to a call from the European Commission, the contributors of this book have designed a comprehensive methodological framework to review the entirety of international cooperation in criminal matters, combining desktop reviews, expert consultations, Member State questionnaires, and focus group meetings in each of the Member States to obtain a comprehensive overview of the currently experienced obstacles and future policy options that are both needed and feasible. Over 150 individuals from different backgrounds contributed to the study, including academics, lawyers, policy makers, police, customs, intelligence services, prosecution, judiciary, correctional authorities, Ministries of Justice, and Home Affairs. The book provides an overview of the research findings and the recommendations formulated. These findings include, but are not limited to: (1) a helicopter view on cooperation with criminal justice finality, (2) a clear demarcation of the role of the judicial authorities, (3) a comprehensive review of refusal grounds, including proportionality and capacity concerns, (4) an assessment of gaps in the current body of instruments regulating international cooperation in criminal matters and possible remedies thereto, (5) a well-considered further development of Eurojust, and (6) ensuring EU wide effect of mere domestic actions. This book represents the first overall analysis of the entirety of international cooperation in criminal matters in the EU. As essential reading, it is an analysis that moves beyond the actors, bringing logic back, footed in reality. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 42)
Grounds, Principles, Human Rights, and Social Institutions
Author: A. Follesdal,T. Pogge
Publisher: Springer Science & Business Media
1 2 Andreas Follesdal and Thomas Pogge 1 The Norwegian Centre for Human Rights at the Faculty of Law and ARENA Centre for 2 European Studies, University of Oslo; Philosophy, Columbia University, New York, and Oslo University; Centre for Applied Philosophy and Public Ethics, Australian National University, Canberra This volume discusses principles of global justice, their normative grounds, and the social institutions they require. Over the last few decades an increasing number of philosophers and political theorists have attended to these morally urgent, politically confounding and philosophically challenging topics. Many of these scholars came together September 11–13, 2003, for an international symposium where first versions of most of the present chapters were discussed. A few additional chapters were solicited to provide a broad and critical range of perspectives on these issues. The Oslo Symposium took Thomas Pogge’s recent work in this area as its starting point, in recognition of his long-standing academic contributions to this topic and of the seminars on moral and political philosophy he has taught since 1991 under the auspices of the Norwegian Research Council. Pogge’s opening remarks — “What is Global Justice?” — follow below, before brief synopses of the various contributions.
Author: Sarah Joseph,Adam McBeth
Publisher: Edward Elgar Publishing
Category: Political Science
This handbook brings together the work of 25 leading human rights scholars from all over the world, covering a broad range of human rights topics.
Author: John Griffiths,Alex Bood,Heleen Weyers
Publisher: Amsterdam University Press
The Netherlands is the only country in the world in which euthanasia, under narrow-defined circumstances, is legally permissible. Considerable attention has been paid over a number of years to the problem of regulating it and information has been systematically collected concerning actual practice. Therefore the Dutch experience is of interest not only to the Dutch, but to anyone who is considering wether or not to make euthanasia a legal practice. This book is written for a reader without specific knowledge of law. The central focus of the book is on Dutch law pertaining to euthanansia, but it also considers the moral and legal principles that have played a role in the Dutch debate, the available evidence bearing on actual practice and on the effectiveness of legal control. It ends with some reflections on the problem of the 'slippery slope' and the question whether the Dutch experience is 'exportable'. It includes translations of the relevant legislation (including proposed reforms) and of three leading cases.
Towards Best Practice
Author: Taru Spronken
Publisher: Intersentia Uitgevers N V
"This report presents the results of the research project 'EU-Wide Letter of Rights in Criminal Proceedings: Towards Best Practice'. In this study information has been gathered on the way suspects in the EU Member States are informed in writing of their rights in criminal proceedings. Subsequently a normative framework has been developed based on the jurisprudence of the ECtHR to establish standards and a legal basis for information that should be given to the suspect in the initial phase of police investigations. Finally a model has been developed for an EU-wide Letter of Rights to be applicable throughout the EU that can function as an inspiration for initiatives on the national level as well as on the EU level. The book provides the complete research results in its annexes and an insight into the way suspects are informed of their rights throughout the EU."--Publisher.
Author: Peter Malanczuk
Category: Political Science
First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
Training Framework on the Provisions of Suspects' Rights
Author: Jodie Blackstock,Ed Cape,Jacqueline Hodgson,Anna Ogorodova,Taru Spronken,Miet Vanderhallen
Publisher: Intersentia Uitgevers N V
"This Training Framework is based on the empirical study of the procedural rights of suspects in four European Union (EU) jurisdictions - England, Wales, France, the Netherlands and Scotland - conducted in 2011-2013 ... The results were published in the book, Inside Police Custody: An Empirical Study of Suspects' Rights in Four Jurisdictions"--Preface.
Crimmigration in the Age of Fear
Author: Maria João Guia,Joanne van der Leun
Publisher: Eleven International Pub
This book offers a fresh, multi-disciplinary, and international examination of a phenomenon that has altered the landscape of migration in the United States and is now taking root in Canada and throughout Europe: 'crimmigration law.' Crimmigration law consists of the letter and practice of laws and policies at the intersection of criminal law and immigration law. Crimmigration scholars study the creation of laws and policies, their enforcement, as well as the institutional dynamics that create crimmigration law and are created by it. Many have written about the use of crimmigration law to exert social control over groups marginalized by ethnic bias, class, or citizenship status. This book's contents include: Crimmigration, Securitization, and the Criminal Law of the Crimmigrant * A Reflection on Crimmigration in the Netherlands * Entering the Risk Society: A Contested Terrain for Immigration Enforcement * The Changing Landscape of the Criminalization of Migration in Europe * Disappearing Rights: How States Are Eroding Membership in American Society * The Impact of Immigration Enforcement Outsourcing on Ice Priorities * The Spirit of Crimmigration * Crime and Immigration: The Discourses of Fear as a Theoretical Approach of Critical Evaluation * Recorded Crime Committed by Migrant Groups and Native Dutch in the Netherlands * The Foreign-Born in the Canadian Federal Correctional Population * The Impact of Safety on Levels of Ethnocentrism * The Control of Irregular Migrants and the Criminal Law of the Enemy * Crime among Irregular Immigrants and the Influence of Crimmigration Processes * The Wide Scope of Immigration in the Azores and Its Relationship with Crime * Irregular Immigrants and Their Irish Citizen Children: The Limits of National Citizenship * The Treaty of Prum * Unauthorized Migration
Author: Miriam Gani,Penelope Mathew
Publisher: ANU E Press
Category: Social Science
On 20 September 2001, in an address to a Joint Session of Congress and the American people, President George W Bush declared a 'war on terror'. The concept of the 'war on terror' has proven to be both an attractive and a potent rhetorical device. It has been adopted and elaborated upon by political leaders around the world, particularly in the context of military action in Afghanistan and Iraq. But use of the rhetoric has not been confined to the military context. The 'war on terror' is a domestic one, also, and the phrase has been used to account for broad criminal legislation, sweeping agency powers and potential human rights abuses throughout much of the world. This collection seeks both to draw on and to engage critically with the metaphor of war in the context of terrorism. It brings together a group of experts from Australia, Canada, the United Kingdom, France and Germany who write about terrorism from a variety of disciplinary perspectives including international law and international relations, public and constitutional law, criminal law and criminology, legal theory, and psychology and law.
A Comparative Legal Study of Twelve Asian Jurisdictions, France and the USA
Author: Randall Peerenboom,Carole J. Petersen,Albert H.Y. Chen
Human Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.
Author: Frank Vandenbroucke,Catherine Barnard,Geert De Baere
Publisher: Cambridge University Press
Many people believe that the EU lacks solidarity and needs a social dimension. This debate is not new but, until recently, the notion of a 'social Europe' remained vague and elusive. What is now required is a coherent conception of the reasons behind and the agenda for a European Social Union. This book offers the first in-depth examination of the rationale and feasibility of such a Social Union. It explores how we can justify, define and demarcate an appropriate notion of European solidarity and examines legal and political barriers. In short, rather than merely deploring the lack of a social dimension to the EU, it provides new perspectives and answers to questions of 'why', 'what', and 'how'. A cast of outstanding scholars and practitioners reflect on the obstacles and solutions, incorporating economic, social, philosophical, legal and political perspectives.
Author: Yash P. Ghai,Jill Cottrell
Publisher: Oxford University Press, USA
Study on MDGs and human rights aims which should be part of constitutional reforms moderated by United Nations Millennium Campaign and United Nations Development Programme.
Author: A.C Onuora-Oguno,W.O. Egbewole,T.E. Kleven
Category: Social Science
This book outlines the findings and suggestions of the Law and Society Association’s International Research Collaborations, which focused on the African Union’s Agenda 2063. This outlined the ideal Africa aspired to by the year 2063: ‘the Africa we want’. The authors examine socio-economic rights issues and their impact on developing a strong educational agenda that can drive Africa to realize Agenda 2063. As Africa’s development has remained slow in the face of many challenges, the need to embrace good governance, rule of law and human rights obligations are major tools to realize the continent’s potential. The project focuses in particular on the central place of education law and policy in achieving the goals of Agenda 2063.
A European Perspective
Author: Nadezhda Purtova
Personal data, at least in the European legal lexicon, is not a conventional object of property rights. Yet, regardless of the actual legal circumstances, lively markets in personal data have become a reality. The so-called information industry routinely collects and deals in databases containing personal details of people as both citizens and consumers, and appears to regard this data as its property. Moreover, individuals also treat data pertaining to them as their own, and habitually disclose personal data in exchange for money, goods, services, and online social interaction. This important new book defends the ground-breaking proposal to propertise personal data. Propertisation arguably improves the position of a data subject to exercise control over his/her personal data by creating more effective tools of accountability and monitoring. It can also be used, the author shows, to enforce existing data protection rights as expressed in the EC Data Protection Directive (1995), Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms (1945) and Convention No. 108 (1981). This book inquires to what extent the propertisation of personal data is legally possible in Europe, and examines what benefits and limitations would ensue. It provides: a systematic understanding of the developments and concerns with regard to personal data; a detailed examination of the main arguments for and against the concept of property in personal data; and a European perspective on property rights in personal data. The result is a book full of original insights that breaks new ground in addressing the problems of personal data in the European law of data protection and informational privacy."