European criminal law is explained as a multi-level field of law, in which the European Union has a normative influence on substantive criminal law, criminal procedure and on the co-operation between Member States. This book aims to describe the contours of the emerging criminal justice system of the European Union and to present a coherent picture of the legislation enacted and the case law on European Union level and its influence on national criminal law and criminal procedure.
Among the topics and questions covered in this book are the following: What does mutual recognition mean in the context of the European Arrest Warrant? How can European Union law be invoked by an accused? When is the Charter of Fundamental Freedoms applicable in national criminal proceedings? These and other pertinent questions are dealt with on the basis of an in-depth analysis of the case law of the Court of Justice and legislation. In addition the book challenges the reader to assess the mutual (and sometimes conflicting) influence of European Union law and national criminal law respectively and explains how European Union law will usually prevail although national criminal law still remains relevant.
The book covers a wealth of court decisions and legal instruments, making European Criminal Law, written for practitioners, academics and students, an invaluable source for every criminal and European lawyer. This 2nd updated and extended edition covers all recent developments since the entry into force of the Treaty of Lisbon in 2009.
About the author
André Klip is Professor of criminal law, criminal procedure and transnational criminal law at Maastricht University. He is founder and co-editor of the series ‘Annotated Leading Cases of International Criminal Tribunals’. He is also a judge at the ’s-Hertogenbosch Court of Appeal (criminal division).
On the first edition of European Criminal Law
‘[…] his innovative scheme has caused him to think ahead. It is to this book, I suspect, that both lawyers and policy-makers will increasingly refer when confronted by some new issue.’
Prof. John Spencer (Cambridge University) in CMLR (2010) 1557, 1559
‘Overall this is an impressive work: it is a thorough and skilful analysis, practically touching all essential aspects of the criminal justice system. It is a tremendous work of synthesis, drawing conclusions from over 200 legislative acts and over 750 decisions of the European Court of Justice.’
Prof. Norel Neagu (Police Academy, Bucharest) in European Law Review (2010) 447, 449
‘[…] valuable reading…[w]ritten in a practically useful way… this book makes a timely and valuable addition to a still relatively short bibliography of books devoted to EU criminal law.’
Maria Fletcher in The Edinburgh Law Review (2010) 349
‘Klip has written an important handbook. The book is an asset for three reasons. a. it is the first book written entirely from the perspective of the Treaty of Lisbon, b. the book paints a coherent and comprehensive image of the fragmentary regulated European criminal law, and c. it is based on a line of thinking which can be best described as a criminal law approach to hard core European law, including the necessary attention to the dynamics of the internal market.’
Professor M.I. Borgers in Delikt en Delinkwent (2010) 303