Liberty and Security in Europe
eBook - PDF

Liberty and Security in Europe

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

  1. 296 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Liberty and Security in Europe

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

About this book

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.

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Yes, you can access Liberty and Security in Europe by Stefano Ruggeri, Arndt Sinn in PDF and/or ePUB format, as well as other popular books in Law & Law Theory & Practice. We have over one million books available in our catalogue for you to explore.

Information

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

Table of contents

  1. Title Page
  2. Copyright
  3. Table of Contents
  4. Body
  5. Acknowledgements
  6. Renzo Orlandi: Introduction. The protection of the right to liberty and security in the field of pre-trial precautionary measures in criminal matters
  7. Bibliography
  8. I. The supranational frameworks A) The ECHR system of protection of personal freedom
  9. Enrico Marzaduri: The application of pre-trial precautionary measures
  10. 1. The aim of Article 5 ECHR: to ensure that no one is arbitrarily deprived of his liberty
  11. 2. The cases of arrest or detention during criminal proceedings
  12. 3. The reasonable suspicion of having committed an offence
  13. 4. The meaning of the other situations provided for by Article 5.1‍(c) ECHR
  14. 5. The arbitrary deprivation of the accused's liberty
  15. 6. Reasonable grounds for justifying the continued deprivation of personal liberty
  16. Bibliography
  17. Paola Maggio: Judicial reviews against deprivation of liberty
  18. 1. Grounds and reasons of arrest
  19. 2. The right to be brought promptly before a judicial authority and the need for subsequent reviews of the remand detention
  20. 3. The Habeas Corpus guarantee
  21. Bibliography
  22. B) The harmonization at European Union level
  23. Sabela Oubiña Barbolla: The European Arrest Warrant in Law and Practice
  24. 1. Introduction: the EAW Framework Decision and its history
  25. 2. Competent judicial authorities
  26. 3. Scope of application
  27. 4. Grounds for refusal and other guarantees
  28. 5. EAW procedure
  29. 6. Personal reflection: usefulness of the EAW for future criminal justice cooperation instruments
  30. Bibliography
  31. Tommaso Rafaraci: The application of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention
  32. 1. Objectives of the FD 2009‍/829‍/JHA
  33. 2. Scope of application
  34. 3. Procedure of recognition
  35. 4. Execution of supervision measures and surrender of the person
  36. 5. Effectiveness of the new instrument
  37. 6. Mutual recognition and harmonization after the Treaty of Lisbon
  38. Bibliography
  39. II. The perspective of domestic legal systems
  40. Richard Vogler: England and Wales
  41. 1. The right to liberty
  42. 2. Limitations to the right to liberty
  43. 3. Procedures
  44. 4. Recent reform and proposals of reform
  45. Bibliography
  46. Arndt Sinn: Germany
  47. 1. The right to liberty
  48. 2. Limitations to the right to liberty
  49. 3. Procedures
  50. 4. The current direction of reform
  51. 5. Concluding remarks
  52. Bibliography
  53. Giuseppe Di Chiara: Italy
  54. 1. The constitutional protection of personal freedom
  55. 2. Active enforcement: the system of personal precautionary measures
  56. 3. Precautionary proceedings
  57. Bibliography
  58. Víctor Moreno Catena: Spain
  59. 1. The Right to Liberty
  60. 2. Theoretical framework: significance and procedural purpose of interim measures in criminal proceedings
  61. 3. Limitations on the right to liberty
  62. 4. Procedures
  63. 5. Recent Reform and Proposals of Reform
  64. Bibliography
  65. III. Comparative Analysis
  66. Stefano Ruggeri: Personal Liberty in Europe. A comparative analysis of pre-trial precautionary measures in criminal proceedings
  67. 1. Introduction. Pre-trial precautionary measures in a multilevel system of protection of personal freedom in Europe
  68. 2. The right to liberty in Europe
  69. 3. Interim restrictions on personal liberty
  70. 4. Procedural safeguards
  71. 5. Conclusive remarks. The development of pre-trial precautionary measures and the approximation of the notions of personal liberty and security
  72. Bibliography
  73. IV. Annex
  74. Questionnaire on Pre-trial Precautionary Measures in Criminal Proceedings. A comparison between England and Wales, Germany, Italy and Spain
  75. The Authors