The absence of the accused in criminal proceedings leading to a conviction causes many legal and practical questions when an European Arrest Warrant is issued to execute such an in absentia judgment. Whereas some Member States see no problem in allowing trials without the accused, other Member States have serious objections to it. These different standards create many problems in practice and necessitate the executing judicial authority to request supplementary information

from the issuing ju...

This book addresses the relationship between restorative justice and children’s rights, an issue of increasing relevance to restorative justice theory and practice that has thus far received relatively little attention. Readers will find useful reviews of international human rights documents and of legislation, policy and practices in countries in Europe, Africa, Asia, South America, North America, and Oceania. Each of the chapters demonstrates the compatibility between children’s rights ...

The judge is the holder of a state office in the rule of law. At the same time s/he is an individual with opinions, convictions and preferences. When the judge speaks, it may not always be clear to the outside world who is talking: the state or the individual. An opinion expressed by a judge may also rub off on the judicial office and, vice versa, the power and authority of the judicial office may reflect on the judge’s opinions, giving them special weight. It makes the judge’s speech int...

The book is the extended version of the inaugural lecture given by Professor Petra Bárd on 21 September 2023 on the occasion of her taking up the Chair in Sustainable Rule of Law at the Research Centre for State and Law (SteR) in the Faculty of Law at Radboud University, Nijmegen.

Professor Bárd places the specific manifestation of rule of law deficiencies in the evolution of European criminal justice within a broader constitutional context. She has led the way in reframing the academic and...

Collective actions and the financing of complex mass damage cases have been among the most debated and controversial topics in civil justice in Europe over the past decade. With the entry into force of the Dutch collective damages procedure (WAMCA) in 2020, the Netherlands has re- confirmed its reputation as one of the frontrunners in having a welldeveloped framework for collective actions and settlements. Third party litigation funding has become an important source of funding, and its incre...

In contemporary, late-modern society, security landscapes are being re-sketched. Various traditional and new security providers are part of this evolving scene. The military and the police, who are thought of as 'the old boys in town', are meeting once again. As central components in the power structure of any state, they are heavily involved in this new security design, generating both latent and obvious blurring of boundaries.

The aim of this book is to further explore the blurring boundarie...

While global constitutional ideas migrate across countries, continents, agencies and institutions, internationally accepted principles of constitutionalism and human rights influence national governments that have been able to keep their sovereignty. This book looks into the fascinating question of convergence and sovereignty by approaching the issue from various angels: the use of foreign and international law in national constitution-making and constitutional interpretation on the one hand,...

The success of many cybercrime investigations depends on the accessibility of electronic evidence (e-evidence) stored abroad. Whereas cybercrime knows no frontiers and cyberspace remains an un-territorialised realm, a State has territorial boundaries. Indonesia and many other States have attempted to resolve problems of cross-border access in obtaining e-evidence from cyberspace. This book investigates aspects of international law, criminal procedure law, and data protection law as foundation...

The credit rating industry called for many debates on its civil liability since the origin of the industry at the beginning of the twentieth century. In 2013, the Union legislature introduced a right to damages, which issuers and investors can directly enforce against credit rating agencies under Article 35a CRA Regulation. This provision has drawn attention because of its remarkable structure: Article 35a CRA Regulation introduced a legal ground for civil liability at the European level, whi...

In the aftermath of the 2008 financial crisis, governments introduced stress tests to measure and monitor banks’ health. Breaking the Bank? assesses whether the EU‑wide banking stress test is a good regulatory tool. It deals with some of the key questions that still linger about the exercise: do the benefits of the stress test outweigh the enormous cost? Is it tough enough on banks? And, does it tell us which banks are healthy or not?

Beyond the scope of the stress test, the book addresse...