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The juge and the European Union

Trouille, Helen ORCID: https://orcid.org/0000-0002-0383-8920 (2004) The juge and the European Union. In: Feuillée-Kendall, Pascale and Trouille, Helen ORCID: https://orcid.org/0000-0002-0383-8920, (eds.) Justice on Trial: the French juge in question. Peter Lang, pp. 137-159

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Recent terrorist attacks, and in particular the attack on the World Trade Centre on 11 September 2001, have highlighted the need for further co-operation at international level to combat cross-border crime. However, there have been calls from legal experts for many years now to improve international collaboration in the fight against crime. This chapter begins with the study of a recent criminal case, the Rezala Affair, demonstrating that, despite the existence of extradition agreements between France and Portugal, a dangerous criminal could have escaped justice. It discusses the implications for the juge of judicial co-operation on a European level, and examines the status of the French juge in the European framework. After a brief historical overview of some of the major milestones in co-operation on European judicial affairs, with reference to European Union construction, the Council of Europe, the Appel de Genève and the Corpus Juris, some of the implications for the national juge and the nation states of the development of a European Judicial area are exposed. Whilst a certain number of practical considerations hamper wholehearted support for the development of a European Judicial Area, not least in the domain of sentencing patterns, it would appear that co-operation at European level in certain areas, such as international terrorism, immigration and asylum issues, fraud and trafficking in drugs, women and children, must be the way forward.

Item Type: Book Section
Status: Published
Subjects: J Political Science > JA Political science (General)
K Law > K Law (General)
School/Department: York Business School
URI: https://ray.yorksj.ac.uk/id/eprint/5202

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