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20241006213017.0 |
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|a 1351746827
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|a 9783031156915
|q (electronic bk.)
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|a 10.1007/978-3-031-15691-5
|2 doi
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|a (OCoLC)1351613866
|z (OCoLC)1351746827
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|a e------
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|a KJE7975
|b .H47 2022
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|a HCDD
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|a Hernández López, Alejandro,
|e author.
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|a Conflicts of criminal jurisdiction and transfer of proceedings in the EU /
|c Alejandro Hernández López.
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| 264 |
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|a Cham :
|b Springer,
|c [2022]
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| 264 |
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|c ©2022
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| 300 |
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|a 1 online resource (xviii, 217 pages).
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| 336 |
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|a text
|b txt
|2 rdacontent
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|a computer
|b c
|2 rdamedia
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|a online resource
|b cr
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| 490 |
1 |
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|a Comparative, European and international criminal justice ;
|v volume 3
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| 504 |
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|a Includes bibliographical references.
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0 |
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|a Jurisdiction and conflicts of criminal jurisdiction within the European Union -- EU legal framework on conflicts of criminal jursidiction -- Conflicts of jurisdiction and due process of law -- Towards a new model of settlement of conflicts : background and methodology -- De lege ferenda proposals on settlement of conflicts of criminal jurisdiction : model A : horizontal approach -- De lege ferenda proposals on settlement of conflicts of criminal jurisdiction : model B : vertical approach.
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| 520 |
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|a "Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings established an ad hoc procedure for settling conflicts of criminal jurisdiction based on the mutual exchange of information and the establishment of direct consultations between the competent authorities with a view to reaching consensus on an effective solution. However, neither common legally binding criteria for deciding the best jurisdiction nor specific rules for the transfer of proceedings (which can occur after parallel proceedings have been identified) were established in this instrument, or in any other instrument adopted by the EU to date. This book analyses the current EU legal framework on conflicts of jurisdiction and transfer of criminal proceedings, paying special attention to its numerous shortcomings and loopholes from a fundamental rights and due process of law perspective. The book begins with an assessment of the various principles and grounds used by Member States for claiming criminal jurisdiction. Secondly, de lege lata EU procedure on the settlement of conflicts of criminal jurisdiction, as well as its implementation in Spain and Italy, are thoroughly examined. After discussing the main principles and fundamental rights at stake, the author proposes two alternative and original de lege ferenda models for the prevention and settlement of conflicts of criminal jurisdiction and transfer of criminal proceedings, exploring the different possibilities offered by the EU's primary law"--
|c Provided by the publisher.
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| 588 |
0 |
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|a Online resource; title from PDF title page (SpringerLink, viewed December 16, 2022).
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| 650 |
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|a Criminal jurisdiction
|z European Union countries.
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| 650 |
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|a Criminal justice, Administration of
|z European Union countries.
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| 650 |
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|a Conflict of laws
|z European Union countries.
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| 650 |
|
7 |
|a Conflict of laws
|2 fast
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| 650 |
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7 |
|a Criminal jurisdiction
|2 fast
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| 650 |
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7 |
|a Criminal justice, Administration of
|2 fast
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| 651 |
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7 |
|a European Union countries
|2 fast
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| 776 |
0 |
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|i Print version:
|a Hernández López, Alejandro.
|t Conflicts of criminal jurisdiction and transfer of proceedings in the EU.
|d Cham, Switzerland : Springer, [2022]
|z 9783031156908
|w (OCoLC)1351697459
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| 830 |
|
0 |
|a Comparative, European and international criminal justice ;
|v v. 3.
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| 856 |
4 |
0 |
|u https://holycross.idm.oclc.org/login?auth=cas&url=https://link.springer.com/10.1007/978-3-031-15691-5
|y Click for online access
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| 903 |
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|a SPRING-LAW2022
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| 994 |
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|a 92
|b HCD
|