criminal proceedings languages and the european union linguistic and legal issues

Download Book Criminal Proceedings Languages And The European Union Linguistic And Legal Issues in PDF format. You can Read Online Criminal Proceedings Languages And The European Union Linguistic And Legal Issues here in PDF, EPUB, Mobi or Docx formats.

Criminal Proceedings Languages And The European Union

Author : Francesca Ruggieri
ISBN : 9783642371523
Genre : Law
File Size : 66. 94 MB
Format : PDF, ePub, Docs
Download : 973
Read : 1325

Get This Book


The book “Criminal proceedings, languages and the European Union: linguistic and legal issues” – the first attempt on this subject – deals with the current situation in the jurislinguistic studies, which cover comparative law, language and translation, towards the aim of the circulation of equivalent legal concepts in systems which are still very different from one another. In the absence of common cultures and languages, in criminal procedure it is possible to distinguish features that are typical of common law systems and features that are typical of civil law systems, according to the two different models of adversarial and inquisitorial trials. Therefore, the most problematic challenges are for the European Union legislator to define generic measures that can be easily implemented at the national level, and for the individual Member States to choose corresponding domestic measures that can best implement these broad definitions, so as to pursue objectives set at the European level. In this scenario, the book assesses the new framework within which criminal lawyers and practitioners need to operate under the Lisbon Treaty (Part I), and focuses on the different versions of its provisions concerning cooperation in criminal matters, which will need to be implemented at the national level (Part III). The book analyses the issues raised by multilingualism in the EU decision-making process and subsequent interpretation of legal acts from the viewpoint of all the players involved (EU officials, civil, penal and linguistic lawyers: Part II), explores the possible impact of the EU legal acts concerning environmental protection, where the study of ascending and descending circulation of polysemantic words is especially relevant (Part IV), and investigates the new legal and linguistic concepts in the field of data retention, protection of victims, European investigation orders and coercive measures (Part V).

Mutual Recognition Of Judicial Decisions In European Criminal Law

Author : Libor Klimek
ISBN : 9783319443775
Genre : Law
File Size : 26. 52 MB
Format : PDF, Kindle
Download : 294
Read : 711

Get This Book


This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.

European Criminal Law

Author : Kai Ambos
ISBN : 9781107119697
Genre : Law
File Size : 72. 5 MB
Format : PDF
Download : 585
Read : 907

Get This Book


European criminal law faces many challenges in harmonising states' criminal justice systems. This book presents a systematic analysis of this legal area and examines the difficulties involved.

Language And Culture In Eu Law

Author : Susan Šarčević
ISBN : 9781472428998
Genre : Law
File Size : 67. 30 MB
Format : PDF, ePub, Mobi
Download : 962
Read : 926

Get This Book


Written by distinguished legal and linguistic scholars and practitioners from the EU institutions, the contributions in this volume provide multidisciplinary perspectives on the vital role of language and culture as key forces shaping the dynamics of EU law. The broad spectrum of topics sheds light on major Europeanization processes at work: the gradual creation of a neutralized EU legal language with uniform concepts, for example, in the DCFR and CESL, and the emergence of a European legal culture. The main focus is on EU multilingual lawmaking, with special emphasis on problems of legal translation and term formation in the multilingual and multicultural European context, including comparative law aspects and an analysis of the advantages and disadvantages of translating from a lingua franca. Of equal importance are issues relating to the multilingual interpretation of EU legislation and case law by the national courts and interpretative techniques of the CJEU, as well as the viability of the autonomy of EU legal concepts and the need for the professionalization of court interpreters Union-wide in response to Directive 2010/64/EU. Offering a good mix of theory and practice, this book is intended for scholars, practitioners and students with a special interest in the legal-linguistic aspects of EU law and their impact on old and new Member States and candidate countries as well.

The Oxford Handbook Of Language And Law

Author : Lawrence Solan
ISBN : 0199572127
Genre : Language Arts & Disciplines
File Size : 41. 6 MB
Format : PDF, ePub, Docs
Download : 703
Read : 1262

Get This Book


This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal languages, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopedic in scope, the handbook includes chapters written by experts from every continent who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.

Toward A Prosecutor For The European Union Volume 1

Author : Katalin Ligeti
ISBN : 9781782250456
Genre : Law
File Size : 28. 83 MB
Format : PDF, ePub, Docs
Download : 892
Read : 772

Get This Book


In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's Office. This two volume work presents the results of a study carried out by a group of European criminal law experts in 2010-2012, with the financial support of the EU Commission, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume 1 begins with thorough descriptions of 20 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues that will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition and decentralised enforcement of European competition law. Volume 2 (which will be published in 2013) presents a draft set of model rules for the procedure of the European Public Prosecutor's Office and continues with a set of comparative studies of the national legal systems that cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file and victim reconciliation. Volume 2 concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform.

Eu Counter Terrorist Policies And Fundamental Rights

Author : Christina Eckes
ISBN : 9780199573769
Genre : Law
File Size : 30. 36 MB
Format : PDF, ePub, Docs
Download : 369
Read : 382

Get This Book


This book examines the complex legal issues arising from the European Union's practice of listing and sanctioning private individuals for having supported terrorism. These 'individual sanctions' (asset freezes and travel bans) are adopted pursuant to the same composite procedure that is used for sanctions against states. This raises problems with regard to the protection of procedural rights and the competence division within the EU. Moreover, some of thesemeasures directly give effect to United Nations lists of terrorist suspects. This makes it necessary to determine the status and binding force of obligations under the UN Charter within the European legal order. The core of this book is a comprehensive analysis of the growing body of case-law ofthe European Courts concerning individual sanctions. The analysis focuses on three main issues: fundamental rights protection in the fight against the financing of terrorism, the relationship between the European legal order and the UN Charter...

Criminal Law And Policy In The European Union

Author : Samuli Miettinen
ISBN : 9780415474269
Genre : LAW
File Size : 46. 91 MB
Format : PDF, ePub
Download : 296
Read : 1185

Get This Book


"A literal construction of the EC and EU Treaties suggests that their framers intended to limit the positive competences of both the Community and the Union in the field of criminal law. However, the European Court of Justice has consistently applied tests of necessity and effectiveness to develop the Community's catalogue of legislative competences and the interpretation of Community law, culminating in decisions which accord to the Community a limited criminal competence where this is deemed necessary for the effectiveness of other policy aims. This book takes stock of the development of criminal law in the context of the European Community and the European Union, and examines whether this has led to a European criminal policy, and interrogates the legal effects that European-level initiatives in the field have on national criminal law and on suspects. The work reflects on the interaction between the law of the European Community and national criminal law since the signing of the Treaty of Rome and proceed to consider the prospects of criminal law enacted at the European level against this framework of historical development. The book will review the supremacy of Community law over conflicting national criminal law, the past legislative practice of harmonised 'administrative' penalties and their impact on national legal systems, the ramifications of the Greek Maize decision, the development of relevant Community principles of fundamental rights, and the 2005 decisions on implied criminal competence and sympathetic interpretation. In the light of these developments and the judgment of the Court of Justice in the Ship-Source Pollution case, the work will explore whether there are fields in which the Community might enact directly applicable criminal penalties in the form of EC regulations. It will also examine related doctrinal concerns considered by the Court of Justice in its earlier case law on the interface between EC law and national criminal law. "--

The European Union S Policy On Criminal Procedure

Author : Great Britain: Parliament: House of Lords: European Union Committee
ISBN : 0108475824
Genre : Law
File Size : 70. 52 MB
Format : PDF, Docs
Download : 554
Read : 232

Get This Book


Increasing mobility within the EU will have the consequence that more EU citizens will find themselves in the criminal justice system of another Member State, either as defendants or victims. This is likely to involve dealing with the consequences of traumatic events in a foreign language in the context of a very different legal system.Until recently the EU has done little to protect the rights of defendants and victims caught up in crime with a cross-border dimension. However the Lisbon Treaty has opened the way for this to be put right and two Roadmaps of planned legislation are now in place, for defendants and for victims.In this Report the Committee looks at the early Roadmap proposals and examines the potential benefit that they can possibly bring. Also examined is the disadvantage of potential disruption to diverse and sensitive national criminal law systems.There is significant benefit to be gained from EU legislation setting minimum rights for defendants and victims, particularly for British citizens travelling within the EU. However, those minimum rights must be firmly grounded in international law norms, to minimise the risk of disrupting the UK criminal law systems.Although the Commission is looking towards a more expansive EU criminal law policy The Committee considers that the Roadmap legislation should be put in place and its impact assessed before moving forward any further. It encourages the Government to take a positive approach in principle to exercising the UK opt-in to Roadmap legislation

Researching Language And The Law

Author : Davide S. Giannoni
ISBN : 3034304439
Genre : Language Arts & Disciplines
File Size : 81. 45 MB
Format : PDF, ePub, Mobi
Download : 819
Read : 948

Get This Book


This volume reflects the latest work of scholars specialising in the linguistic and legal aspects of normative texts across languages (English, Danish, French, Italian, Spanish) and law systems. Like other domains of specialised language use, legal discourse is subject to the converging pressures of internationalisation and of emerging practices that destabilise well-established norms and routines. In an integrated, interdependent context, supranational laws, rules and procedures are gradually developed and harmonised to regulate issues that can no longer be dealt with by national laws alone, as in the case of the European Union. The contributors discuss the impact of such developments on the construction, evolution and hybridisation of legal texts, analysed both linguistically and from the practitioner's standpoint.

Top Download:

Best Books