Transatlantic Cooperation in Criminal Law

M. Bergström, V. Mitsilegas and T. Konstadinides (eds) Research Handbook on EU Criminal law (Edward Elgar, 2015).

11 Pages Posted: 19 May 2015 Last revised: 1 Nov 2015

See all articles by Elaine Fahey

Elaine Fahey

City, University of London - City Law School

Date Written: May 13, 2015

Abstract

Transatlantic cooperation in Justice and Home Affairs received its most prominent impetus after 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 to outline key agreements between the EU and 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 a vis fundamental rights generally remain points of concern, similar to all forms of transatlantic cooperation as complex integration between legal orders.

Keywords: EU-US relations; Criminal law; Cooperation; Foreign relations; extradition. Mutual legal assistance, death penalty, cybercrime and security; fundamental rights; secrecy; Europol

JEL Classification: K00; K33

Suggested Citation

Fahey, Elaine, Transatlantic Cooperation in Criminal Law (May 13, 2015). M. Bergström, V. Mitsilegas and T. Konstadinides (eds) Research Handbook on EU Criminal law (Edward Elgar, 2015). . Available at SSRN: https://ssrn.com/abstract=2605932 or http://dx.doi.org/10.2139/ssrn.2605932

Elaine Fahey (Contact Author)

City, University of London - City Law School ( email )

Northampton Square
London, London EC1V OHB
United Kingdom

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