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by Jeroen BLOMSMA in Johannes KEILER and David ROEF (Eds.), "Comparative concepts of criminal law (2nd edition)" - book_chapter

Justification and excuses

Comparative Concepts of Criminal Law is unique in the sense that it introduces the reader to the fundamental concepts and rules of substantive criminal law in a comparative way and not just to the criminal law system of one specific jurisdiction. Compared with other fields of law, like contract and property law, comparative research into the so-called general part of criminal law is quite a...
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by Massimo FICHERA in Ester HERLIN-KARNELL, Claudio MATERA and Maria FLETCHER (Eds.), "The European Union as an Area of Freedom, Security and Justice" - book_chapter

Sketches of a theory of Europe as an Area of Freedom, Security and Justice

The main argument of this chapter is that the EU area of freedom, security and justice can be theoretically viewed as a space, which is presented as relying on normative claims, but, in fact,...
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by Paul DE HERT and Antonella GALETTA - article

The proceduralisation of data protection remedies under EU data protection law: towards a more effective and data subject-oriented remedial system?

The right to remedy breaches of data protection is laid down in both Directive 95/46/EC (Art. 22) and the Council of Europe Data Protection Convention no. 108 (Art. 8 (d)). Although data...
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by Ton VAN DEN BRINK, Michiel LUCHTMAN and Miroslava SCHOLTEN (Eds.) - book

Sovereignty in the Shared Legal Order of the EU - On the core values of regulation and enforcement in the EU

How does EU membership affect national sovereignty? This question has acquired a central place in the public debate on the European Union. National sovereignty relates to the independence of...
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by Andrew ASHWORTH - book

Sentencing and criminal justice (6th edition)

Now in its sixth edition, Sentencing and Criminal Justice has been extensively rewritten to reflect recent legislation, guidelines and judicial decisions. New material includes comparative...
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by Carlos GOMEZ-JARA DIEZ - book

European federal criminal law: The federal dimension of EU criminal law

For decades, the EU has developed a system of criminal justice consistent with the mixed (sometimes contradictory) tendencies embedded in its very own structure. The Lisbon Treaty consolidated...
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by Yvonne Marie DALY - article

Overruling the protectionist exclusionary rule

In April 2015 the Irish Supreme Court held, in DPP v JC, that the rather strict exclusionary rule relating to unconstitutionally obtained evidence which had operated in that jurisdiction for the...
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