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The chapter traces the development of police cooperation in Europe from the Napoleonic period to the Second World War and beyond. It shows that police cooperation was shaped to a considerable extent by individual initiatives and also by bilateralism, the latter still having an impact today. Even after the founding of the EU, regional interests or initiatives are decisive. In particular, the Convention implementing the Schengen Agreement, still very important for everyday police cooperation, goes back to an initiative of individual member states. Going beyond bilateral interests and police mentalities, it seems that the very nature of police work is less influenceable by common denominators such as the principle of mutual recognition. Thus, it is not surprising that, for example, the Directive on the European Investigation Order provides, with regard to cross-border covert personal investigations, a provision that does not go beyond its predecessor provisions. The article concludes with a stocktaking of the data exchange of Europes police forces, based in particular on the Schengen Information System. Considering the technical inclination of today’s police practice, the exchange of information will certainly have a decisive effect on any future developments.
European Criminal Law has developed into a complex, jagged subject matter, which at the same time has become increasingly important for everyday criminal law practice. On the one hand, this work aims to do comprehensive justice to the complexity of the matter without sacrificing readability. In order to achieve this, the book's structure enables legal scholars and experienced practitioners to access the information relevant to them in a targeted manner and, at the same time, enables less oriented readers to gain access to European criminal law. Thus, the volume both answers basic questions and offers discussion in more specialised areas. Written by experts in the field, the book offers discussions which are both of the highest academic standards and accessibly readable.
Criminal law and criminal justice are becoming increasingly globalised. In open societies, the era in which individual jurisdictions developed their own codes, statutes and systems of justice with no regard to other systems and countries is long over. There is a growing desire to develop common approaches to common problems and to learn from the diversity of current practice in different countries. This development has been reinforced by the internationalisation of criminal justice in international and mixed criminal tribunals. However, attempts at trans-jurisdictional discourse are often hampered by mutual misunderstandings. Some problems are linguistic: although English is the new lingua franca of international and comparative criminal law, not all foundational concepts of criminal law and justice originate in the English-speaking world; some of them are rooted in civil law jurisdictions, such as France, Germany and Italy. The translation of these concepts into English is subject to ambiguity and potential error: the same term may assume different meanings in different legal contexts.