Evidence and Transnational Punitive Enforcement Proceedings in the European Union

The gathering, sharing, and use of evidence by Member States’ administrative and judicial authorities during transnational punitive enforcement proceedings in the EU’s integrated internal market and Area of Freedom, Security and Justice
Erscheinungsjahr 2024
ISBN: 978-90-473-0220-9
Verlag: eleven

Buch, Englisch, Band 107, 775 Seiten, Format (B × H): 170 mm x 240 mm

Reihe: Willem Pompe Instituut

In many fields, enforcement of EU policies is performed by the Member States. In principle, Member States are free to decide how and by which means they enforce such policies, albeit under the observance of EU legal principles and harmonised rules. While differences between Member States are inevitable, especially at the interface of criminal and administrative enforcement, they should not create legal obstacles to effective and rule of law-based enforcement in cross-border cases.

 

In his dissertation, Aart de Vries analyses the legal principles and rules that determine the gathering, sharing, and use of evidence by EU Member States’ administrative and judicial authorities in cross-border enforcement cases to answer an important and current question: do these legal principles and rules enable effective and rule of law-based transnational punitive enforcement of EU policies?

 

De Vries looks into supranational EU law and national law in The Netherlands, Germany, and France to provide a detailed analysis of the applicable legal framework. On the basis of his findings, De Vries presents a convincing answer to the aforementioned question and puts forward various recommendations to enhance transnational punitive enforcement in the EU. In this light, this dissertation provides insights for academics and practitioners with an interest in punitive (criminal and administrative) enforcement of EU law.

 

Evidence and Transnational Punitive Enforcement Proceedings in the European Union is part of the Pompe series; publications that combine legal and social-scientific approaches to the problems of criminal law, written by staff members of the Willem Pompe Institute for Criminal Law and Criminology in Utrecht and by authors who share the Institute’s school of thought. Its central theme is the protection and enforcement of fundamental rights in a changing world, focussing on the position of vulnerable groups in relation to the state and on the significance of individual human rights in an international context.

Autoren/Hrsg.

de Vries, Aart

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Straf- und Strafverfahrensrecht

Inhaltsverzeichnis

1 Introduction; 2 Punitive Enforcement Proceedings From the EU Perspective; 3 The Implementation of EU Enforcement Duties in the Netherlands; 4 The Implementation of EU Enforcement Duties in Germany; 5 The Implementation of EU Enforcement Duties in France; 6 The Comparative Analysis; 7 Legal Obstacles to Effective and Rule of Law-Based Transnational Punitive Enforcement Proceedings in the EU; 8 Recommendations to Achieve Effective
and Rule of Law-Based Transnational Punitive Enforcement in the EU

Über Autor(innen)

A.J. (Aart) de Vries LLM was born on 12 July 1991 in Delft (the Netherlands). After completing grammar school at the Christelijk Lyceum Delft, Aart studied History (BA) and Law (LLB Utrecht Law College and LLM Criminal Law) at Utrecht University. Since January 2018, Aart has been working at the Willem Pompe Institute for Criminal Law and Criminology, first as a PhD candidate and then as a lecturer/assistant professor.