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by Gerard CONWAY (English)

Council of Europe Cooperation in Criminal Matters as a Normative Backdrop to European Union Criminal Law Cooperation

At a European inter-state level, both the Council of Europe and the European Union (EU) have developed cooperation in criminal matters between European jurisdictions. Although the EU represents a deeper form of integration and cooperation in legal terms than does the Council of Europe, the EU also has to date preferred a looser 'intergovernmental' means of cooperation in police and criminal matters, as compared to the degree of integration of the common market. This reluctance to integrate, to a greater degree, national systems of criminal law is reflected in the relatively limited nature of the pre-existing Council of Europe framework of instruments in the field. This article seeks to illustrate this point through an assessment of three of the most relevant Council of Europe instruments - the European Convention of Human Rights, the Convention on Mutual Assistance in Criminal Matters, and the Convention on Extradition - in the light of recent EU developments.

Journal/Publisher: Denning Law Journal, 19

Publication type: Article

Number of pages/Page range: 123 - 148

Language/s (content): English

Date of publication: 01-07-07

Personal data

Full name Gerard CONWAY

Current occupation Contact Point

University/Institution Brunel University London

Address Uxbridge

Postal code UB8 3PH

Telephone 0044(0)1895267492

Email gerard.conway@brunel.ac.uk