國立虎尾科技大學 |

The European Arrest Warrant and EU Citizenship = EU Citizenship in Relation to Foreseeability Problems in the Surrender Procedure /

紀錄類型:	書目-語言資料,印刷品 : Monograph/item
正題名/作者:	The European Arrest Warrant and EU Citizenship/ by Joske Graat.
其他題名:	EU Citizenship in Relation to Foreseeability Problems in the Surrender Procedure /
作者:	Graat, Joske.
面頁冊數:	XI, 408 p.online resource. :
Contained By:	Springer Nature eBook
標題:	European Politics. -
電子資源:	https://doi.org/10.1007/978-3-031-07590-2
ISBN:	9783031075902

The European Arrest Warrant and EU Citizenship = EU Citizenship in Relation to Foreseeability Problems in the Surrender Procedure /
Graat, Joske.

The European Arrest Warrant and EU CitizenshipEU Citizenship in Relation to Foreseeability Problems in the Surrender Procedure /[electronic resource] :by Joske Graat. - 1st ed. 2022. - XI, 408 p.online resource.

Introduction -- Setting the scene -- The legality principle: its link to the EAW, jurisdiction and forum choices -- The FDEAW: safeguards against unforeseeable jurisdiction claims and the risk of arbitrary forum decisions? -- The Dutch legal order: the views on the two complications and their link to the EAW -- The German legal order: the views on the two complications and their link to the EAW -- The legal order of England and Wales: the views on the two complications and their link to the EAW -- The syntheses: to what extent is a triangular link between the EAW, the legality principle and the risk of unforeseeable jurisdiction claims and arbitrary forum choices recognised on the EU and national level? -- The intergovernmental perspective: an explanation for the state-focused interpretation of the legality principle and lack of attention for the problems with which EU citizens can be confronted -- Does the intergovernmental shoe still fit? The rise of an alternative perspective: transnational cooperation in a shared legal order -- A transnational legality principle and its possible effect on the EAW -- EU citizenship as a vehicle towards a transnational legality principle: two possible narratives -- Conclusions and recommendations.

This book offers an in-depth analysis of the relationship between EU citizenship, the European arrest warrant (EAW), and the legality principle. It focuses on the role of the EAW in relation to two foreseeability problems with which EU citizens – especially those who exercise free movement rights – could be confronted. These problems concern the foreseeability of specific national criminal laws at the time of the offense on the one hand and forum decisions on the other. The first part of the book addresses the extent to which these foreseeability problems and the role of the EAW therein are viewed as legality problems at the EU level and in three national legal orders (the Netherlands, Germany, and England and Wales). In turn, the second part of the book critically examines the current scope and content of the legality principle in light of the EU’s objective to offer its citizens an Area of Freedom, Security and Justice (AFSJ) in which both safety and free movement are guaranteed. As EU citizens often encounter foreseeability problems when exercising their free movement rights, it is argued that they should be protected by a transnational framework of fundamental rights. The book subsequently makes recommendations for a transnational interpretation of the legality principle, one which fits the normative context of the AFSJ as described in Article 3(2) TEU. On the basis of the evolution of EU citizenship over time, the book also develops two EU citizenship narratives and explains how they could contribute to transnational fundamental rights protection and a solution to foreseeability problems. With regard to arriving at concrete solutions, the book offers recommendations for EU legislation that could adequately remedy foreseeability problems and the role of the EAW therein.

ISBN: 9783031075902

Standard No.: 10.1007/978-3-031-07590-2doiSubjects--Topical Terms:

1107266
European Politics.

LC Class. No.: KJE901-9796

Dewey Class. No.: 341.2422

The European Arrest Warrant and EU Citizenship = EU Citizenship in Relation to Foreseeability Problems in the Surrender Procedure /
LDR:04454nam a22003975i 4500 001 1082990
003 DE-He213
005 20220909064621.0
007 cr nn 008mamaa
008 221228s2022 sz | s |||| 0|eng d
020 $a 9783031075902 $9 978-3-031-07590-2
024 7 $a 10.1007/978-3-031-07590-2 $2 doi
035 $a 978-3-031-07590-2
050 4 $a KJE901-9796
072 7 $a LB $2 bicssc
072 7 $a LAW051000 $2 bisacsh
072 7 $a LB $2 thema
082 0 4 $a 341.2422 $2 23
100 1 $a Graat, Joske. $e author. $4 aut $4 http://id.loc.gov/vocabulary/relators/aut $3 1388858
245 1 4 $a The European Arrest Warrant and EU Citizenship $h [electronic resource] : $b EU Citizenship in Relation to Foreseeability Problems in the Surrender Procedure / $c by Joske Graat.
250 $a 1st ed. 2022.
264 1 $a Cham : $b Springer International Publishing : $b Imprint: Springer, $c 2022.
300 $a XI, 408 p. $b online resource.
336 $a text $b txt $2 rdacontent
337 $a computer $b c $2 rdamedia
338 $a online resource $b cr $2 rdacarrier
347 $a text file $b PDF $2 rda
505 0 $a Introduction -- Setting the scene -- The legality principle: its link to the EAW, jurisdiction and forum choices -- The FDEAW: safeguards against unforeseeable jurisdiction claims and the risk of arbitrary forum decisions? -- The Dutch legal order: the views on the two complications and their link to the EAW -- The German legal order: the views on the two complications and their link to the EAW -- The legal order of England and Wales: the views on the two complications and their link to the EAW -- The syntheses: to what extent is a triangular link between the EAW, the legality principle and the risk of unforeseeable jurisdiction claims and arbitrary forum choices recognised on the EU and national level? -- The intergovernmental perspective: an explanation for the state-focused interpretation of the legality principle and lack of attention for the problems with which EU citizens can be confronted -- Does the intergovernmental shoe still fit? The rise of an alternative perspective: transnational cooperation in a shared legal order -- A transnational legality principle and its possible effect on the EAW -- EU citizenship as a vehicle towards a transnational legality principle: two possible narratives -- Conclusions and recommendations.
520 $a This book offers an in-depth analysis of the relationship between EU citizenship, the European arrest warrant (EAW), and the legality principle. It focuses on the role of the EAW in relation to two foreseeability problems with which EU citizens – especially those who exercise free movement rights – could be confronted. These problems concern the foreseeability of specific national criminal laws at the time of the offense on the one hand and forum decisions on the other. The first part of the book addresses the extent to which these foreseeability problems and the role of the EAW therein are viewed as legality problems at the EU level and in three national legal orders (the Netherlands, Germany, and England and Wales). In turn, the second part of the book critically examines the current scope and content of the legality principle in light of the EU’s objective to offer its citizens an Area of Freedom, Security and Justice (AFSJ) in which both safety and free movement are guaranteed. As EU citizens often encounter foreseeability problems when exercising their free movement rights, it is argued that they should be protected by a transnational framework of fundamental rights. The book subsequently makes recommendations for a transnational interpretation of the legality principle, one which fits the normative context of the AFSJ as described in Article 3(2) TEU. On the basis of the evolution of EU citizenship over time, the book also develops two EU citizenship narratives and explains how they could contribute to transnational fundamental rights protection and a solution to foreseeability problems. With regard to arriving at concrete solutions, the book offers recommendations for EU legislation that could adequately remedy foreseeability problems and the role of the EAW therein.
650 2 4 $a European Politics. $3 1107266
650 2 4 $a Human Rights. $3 883254
650 2 4 $a Private International Law, International and Foreign Law, Comparative Law. $3 1365811
650 2 4 $a European Fundamental Rights and Freedoms. $3 1229450
650 1 4 $a European Law. $3 883672
650 0 $a Europe—Politics and government. $3 1253779
650 0 $a Human rights. $3 554782
650 0 $a Comparative law. $3 560198
650 0 $a International law. $3 557047
650 0 $a Conflict of laws. $3 560163
650 0 $a Private international law. $3 1202562
650 0 $a European communities. $3 576428
650 0 $a Civil rights. $3 564353
650 0 $a Law—Europe. $3 1254279
710 2 $a SpringerLink (Online service) $3 593884
773 0 $t Springer Nature eBook
776 0 8 $i Printed edition: $z 9783031075896
776 0 8 $i Printed edition: $z 9783031075919
776 0 8 $i Printed edition: $z 9783031075926
856 4 0 $u https://doi.org/10.1007/978-3-031-07590-2
912 $a ZDB-2-LCR
912 $a ZDB-2-SXLC
950 $a Law and Criminology (SpringerNature-41177)
950 $a Law and Criminology (R0) (SpringerNature-43727)