Liberty and Security in Europe

A comparative analysis of pre-trial precautionary measures in criminal proceedings

Stefano Ruggeri, Arndt Sinn

• Publisher: V&R Unipress
• Year: 2012
• Print ISBN:
  9783899719673
• Edition: 1
• eBook ISBN:
  9783862349678
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

Over recent years most of the criminal justice systems in Europe have witnessed a tendency to enhance the role of pre-trial inquiries. Different kinds of pre-trial measures have had a heavy impact on the fundamental rights of individuals involved in criminal procedures. The book contains a comparative study of four European countries on pre-trial precautionary measures limiting personal liberty. This comparison is part of two general frameworks concerning the ECtHR case-law and the EU legislation in the field of the right to liberty and security. In its two level approach, the book provides a critical guide for understanding the most significant changes which occurred in the area of liberty and security in the pre-trial phases of criminal proceedings as well as the protection systems developed in Europe both at national and supranational level to face the new challenges of the modern criminal investigation.

Table of contents

• Title Page
• Copyright
• Table of Contents
• Body
• Acknowledgements
• Renzo Orlandi: Introduction. The protection of the right to liberty and security in the field of pre-trial precautionary measures in criminal matters
• Bibliography
• I. The supranational frameworks A) The ECHR system of protection of personal freedom
• Enrico Marzaduri: The application of pre-trial precautionary measures
• 1. The aim of Article 5 ECHR: to ensure that no one is arbitrarily deprived of his liberty
• 2. The cases of arrest or detention during criminal proceedings
• 3. The reasonable suspicion of having committed an offence
• 4. The meaning of the other situations provided for by Article 5.1‍(c) ECHR
• 5. The arbitrary deprivation of the accused's liberty
• 6. Reasonable grounds for justifying the continued deprivation of personal liberty
• Bibliography
• Paola Maggio: Judicial reviews against deprivation of liberty
• 1. Grounds and reasons of arrest
• 2. The right to be brought promptly before a judicial authority and the need for subsequent reviews of the remand detention
• 3. The Habeas Corpus guarantee
• Bibliography
• B) The harmonization at European Union level
• Sabela Oubiña Barbolla: The European Arrest Warrant in Law and Practice
• 1. Introduction: the EAW Framework Decision and its history
• 2. Competent judicial authorities
• 3. Scope of application
• 4. Grounds for refusal and other guarantees
• 5. EAW procedure
• 6. Personal reflection: usefulness of the EAW for future criminal justice cooperation instruments
• Bibliography
• Tommaso Rafaraci: The application of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention
• 1. Objectives of the FD 2009‍/829‍/JHA
• 2. Scope of application
• 3. Procedure of recognition
• 4. Execution of supervision measures and surrender of the person
• 5. Effectiveness of the new instrument
• 6. Mutual recognition and harmonization after the Treaty of Lisbon
• Bibliography
• II. The perspective of domestic legal systems
• Richard Vogler: England and Wales
• 1. The right to liberty
• 2. Limitations to the right to liberty
• 3. Procedures
• 4. Recent reform and proposals of reform
• Bibliography
• Arndt Sinn: Germany
• 1. The right to liberty
• 2. Limitations to the right to liberty
• 3. Procedures
• 4. The current direction of reform
• 5. Concluding remarks
• Bibliography
• Giuseppe Di Chiara: Italy
• 1. The constitutional protection of personal freedom
• 2. Active enforcement: the system of personal precautionary measures
• 3. Precautionary proceedings
• Bibliography
• Víctor Moreno Catena: Spain
• 1. The Right to Liberty
• 2. Theoretical framework: significance and procedural purpose of interim measures in criminal proceedings
• 3. Limitations on the right to liberty
• 4. Procedures
• 5. Recent Reform and Proposals of Reform
• Bibliography
• III. Comparative Analysis
• Stefano Ruggeri: Personal Liberty in Europe. A comparative analysis of pre-trial precautionary measures in criminal proceedings
• 1. Introduction. Pre-trial precautionary measures in a multilevel system of protection of personal freedom in Europe
• 2. The right to liberty in Europe
• 3. Interim restrictions on personal liberty
• 4. Procedural safeguards
• 5. Conclusive remarks. The development of pre-trial precautionary measures and the approximation of the notions of personal liberty and security
• Bibliography
• IV. Annex
• Questionnaire on Pre-trial Precautionary Measures in Criminal Proceedings. A comparison between England and Wales, Germany, Italy and Spain
• The Authors