Table of Contents

Research Handbook on EU Criminal Law

Research Handbook on EU Criminal Law

Research Handbooks in European Law series

Edited by Valsamis Mitsilegas, Maria Bergström and Theodore Konstadinides

EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies, and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals.

Chapter 25: Transatlantic cooperation in criminal law

Elaine Fahey

Subjects: law - academic, criminal law and justice, european law

Abstract

Transatlantic cooperation in justice and home affairs received its most prominent impetus after the 9/11 terrorist attacks, when many EU-US Justice and Home Affairs Agreements were enacted. Over a decade later, transatlantic cooperation in criminal law continues to have a lively agenda. The chapter purports to offer a ‘birds-eye’ view of key contemporary instruments and mechanisms. It begins with a brief overview of contemporary cooperation and then moves on to outline key agreements between the EU and the US in Extradition and Mutual Legal Assistance, including death penalty cooperation. Thereafter, there is a brief consideration of Agreements between Europol and the US, and then the chapter reflects upon the latest area of transatlantic cooperation in criminal law, namely EU cybercrime and cyber security. The chapter argues that secrecy and shortcomings vis à vis fundamental rights generally remain points of concern, similar to all forms of transatlantic cooperation as complex integration between legal orders.

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