Whose Responsibility?: A Study of Transnational Defence Rights and Mutual Recognition of Judicial Decisions within the EU (16) (Supranational Criminal Law) - Softcover

Thunberg Schunke, Malin

Softcover

ISBN 10: 1780681755 ISBN 13: 9781780681757

Publisher: Intersentia, 2013

Synopsis

The growing attention being paid to transnational criminality and the emergence of new models of state cooperation make it necessary to reconsider the traditional features of human rights enforcement. This book provides a comprehensive analysis of how criminal procedural rights are (if at all) protected within the framework of mutual recognition within the EU. The study concentrates on the Framework Decision on the European Arrest Warrant.

The central issue of analysis is the national and extraterritorial responsibility for violations of fundamental rights which occur in the framework of such transnational procedures. Are there any provisions in international or national instruments, which aim at effectively preventing or remedying violations? Is there any functioning judicial control? The effect of national legislation and human rights bars to cooperation is discussed on the basis of a comparative study of the legislation and case-law in Sweden and the UK. Further, the roles of the European Courts for the protection of due process rights are analysed.

The book focuses on the special features of mutual recognition in relation to state responsibility for an executing and issuing State. Especially the concept of mutual trust and the justifications for a system of division of labour between the States are critically discussed. Whose responsibility? provides the reader with new and interesting perspectives regarding the specific problems of being a defendant within the EU, and gives some new answers to the question of responsibility for transnational defence rights.

About the book
‘This is no dry academic text but rather a valuable contribution to a current debate in an essential area of practice in the ever increasing field of cross-border criminal law.’
David Dickson on www.journalonline.co.uk (May 2014)

About this title

About the Author

Malin Thunberg Schunke is an Associate Professor in Criminal Law at the University of Uppsala. She holds an LLD in Criminal Law (Uppsala University) and an LLM in Criminology and Criminal Justice (King`s College, London). Her research interests lie in national and international criminal law particularly EU judicial cooperation in criminal matters and human rights. She has been an Apprentice Judge at Stockholm City Court and has been working several years as an Assistant Prosecutor at the Prosecuting Office Stockholm.

Edition details

• Publisher: Intersentia
• Publication date: 2013
• Language: English
• ISBN 10: 1780681755
• ISBN 13: 9781780681757
• Binding: Paperback
• Edition number: 1
• Number of pages: 160