Luisa Marin, Stefano Montaldo

ISBN: 9781509945610

Published: June 2022

Publisher: Hart Publishing

Country of Publication: UK

Format: Paperback 

The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication?

This timely first piece of comprehensive research aims to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice.

The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice.

This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.

Contents:

1. Introduction: Is There a Fight against Impunity in the EU Legal System?

Luisa Marin and Stefano Montaldo

PART A: IMPUNITY IN EU LAW: A CONCEPTUAL APPRAISAL

2. Conceptualising Impunity in the Law of the European Union

Valsamis Mitsilegas

3. Fundamental Rights-Oriented Repression in the EU? Exploring the Potential and Limits of an Impunity Rationale to Justify Criminalisation in the EU Legal Order

Jannemieke Ouwerkerk

4. The Role of the Fight against Impunity in EU Criminal Policy Preparation and Evaluation

Wouter van Ballegooij

PART B: THE FIGHT AGAINST IMPUNITY AND THE ALLOCATION OF CRIMINAL JURISDICTION IN THE EU

5. EU Substantive Criminal Law and Jurisdiction Clauses: Claiming Jurisdiction to Fight Impunity?

Martin Bose

6. Between Impunity and the Protection of Fundamental Rights: The Case Law of the CJEU and the ECtHR on the new bis in idem Principle

Bas van Bockel

7. Impunity and Conflicts of Jurisdiction within the EU: The Role of Eurojust and Challenges for Fundamental Rights

Athina Giannakoula

8. The Fight against Impunity between EU and National Legal Orders: What Role for the EPPO?

Costanza Di Francesco Maesa

PART C: THE FIGHT AGAINST IMPUNITY AND THE EU INSTRUMENTS IMPLEMENTING THE PRINCIPLE

OF MUTUAL RECOGNITION IN CRIMINAL MATTERS

9. The European Supervision Order: The Need for a New Culture of Combating Impunity

Serena Quattrocolo

10. Information Sharing as a Tool in the Fight against Impunity in the European Union

Francesca Galli

11. Clash of the Titans: The Fight against Impunity versus Social Rehabilitation and the Protection of Fundamental Rights within the Framework of Prisoner Transfers in the EU

Alessandro Rosano

PART D: IMPUNITY AND NEW SURVEILLANCE TECHNOLOGIES UNDER EU LAW

12. Stepping Up the Fight against Impunity in EU Law: Access to Immigration Databases by National Law Enforcement Authorities and Europol

Niovi Vavoula

13. Enhancing Policing through Algorithmic Surveillance

Mariavittoria Catanzariti

14. Fighting Impunity with New Tools: How Big Data, Algorithms, Machine Learning and AI Shape the New Era of Criminal Justice

Mojca M Plesnicar, Aleš Završnik and Pika Šarf

PART E: THE FIGHT AGAINST IMPUNITY AND THE EXTERNAL DIMENSION OF THE AFSJ

15. International Fight against Impunity and EU Counter-Terrorism Law: The Case of Foreign Terrorist Fighters 9

Ermioni Xanthopoulou and Theodore Konstadinides

16. Impunity and EU or Member States' Extradition Agreements

with Third Countries

Stefano Saluzzo

17. Commercial Data Transfers and Liaison Officers: What Data Protection Rules Apply in the Fight against Impunity When Third Countries Are Involved?

Christina Eckes and Dominique Barnhoorn

18. The Court of Justice of the European Union and the International Criminal Court: The Fight against Impunity between Complementarity and Mandatory Requirements

Aurora Rasi