European Criminal Law, 4th edition: An Integrative Approach: 2 (Ius Communitatis Series)

"This book remains the authoritative text on European criminal law. Now in its fourth edition, the author takes the subject matter from strength to strength and provides clear, readable analysis of this area of law." -- David J Dickson, solicitor advocate, Head of Extradition, Crown Office, Edinburgh in The Journal of the Law Society of Scotland (2022) (on the 4th edition of European Criminal Law) European criminal law is explained as a multi-level field of law, in which the European Union has a normative influence on all criminal proceedings, but also on aspects of substantive criminal law and on the co-operation between Member States. This book aims to analyse the contours of the merging 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 the national criminal justice systems, with specific attention for the position of the accused. 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 standing trial in a national criminal proceeding? 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 influence of Union law and national criminal law respectively and explains how Union law will prevail in some situations and give full discretion to national criminal law in others. The book is unique in the wealth of court decisions and legal instruments it covers. This makes European Criminal Law an invaluable source for every European and criminal lawyer (be they practitioner, academic or student). This fourth, completely revised edition fully covers Brexit as well as all other developments up to 1 May 2021. ANDRÉ KLIP is Professor of criminal law, criminal procedure and transnational criminal law at Maastricht University. He is a Member of the Royal Netherlands Academy of Arts and Sciences. Professor Klip founded of the series ‘Annotated Leading Cases of International Criminal Tribunals’. He is also a judge at the ’s-Hertogenbosch Court of Appeal (criminal division). ________ Praise for previous editions: ‘[…] 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 (on the 1st edition of European Criminal Law) ‘Now in its third edition, Professor Klip’s book is the pre-eminent and most authoritative examination of European criminal law. The author provides a clear narrative of the subject. It is thoroughly up to date. As noted in the preface, there have been “elaborate revisions” to the text in light of the directives on defence rights, which rights are then deftly examined.’ -- David J Dickson, solicitor advocate, Head of Extradition, Crown Office, Edinburgh in The Journal of the Law Society of Scotland (2016) (on the 3rd edition of European Criminal Law)