The meaning of 'just punishment' and the role of courts in transnational criminal justice procedures

Forced Mobility of EU Citizens : Transnational Criminal Justice Instruments and the Management of 'Unwanted' EU Nationals / edited by José A. Brandariz, Witold Klaus, Agnieszka Martynowicz. London : Routledge, 2023, s. 70-99.

One of the most important legal philosophers of the twentieth century, Gustav Radbruch, pointed out while describing the role of philosophy that it confronts people with their decisions and “make[s] life not easy but, on the contrary, problematical”. Even though I do not have any ambition to make a new contribution to legal philosophy in general, my aim in this chapter is to problematise transnational criminal justice and its procedures by raising questions that are usually asked by philosophers. In doing so, I want to draw attention to the roles of both justice and punishment – the roles which are usually lost in transnational procedures that are ruled rather by bureaucratic and technical principles.

Foreigners not welcome : detention of foreigners as an example of criminalisation of migration

Direitos dos refugiados. T. 2 / coordenadores: Oswaldo Othon de Pontes Saraiva Filho, Luiz Gonzaga Bertelli, Julio Homem de Siqueira. - Belo Horizonte: Fórum, 2023 , s. 275-293.

Redakcja:

Forced Mobility of EU Citizens : Transnational Criminal Justice Instruments and the Management of 'Unwanted' EU Nationals

Współredaktorstwo: Brandariz, José A.; Martynowicz, Agnieszka

London : Routledge, 2023

Seria: Directions and Developments in Criminal Justice and Law 12

ISBN 9781003254584 e-book; 9781032184500; 9781032184531

XIII, 212 stron.

Forced Mobility of EU Citizens is a critical evaluation from an empirical perspective of existing practices of the use of transnational criminal justice instruments within the European Union. Such instruments include the European Arrest Warrant (EAW), prisoner transfer procedures and criminal law-related deportations. The voices and experiences of people transferred across internal borders of the European Union are brought to the fore in this book. Another area explored is the scope and value of EU citizenship rights in light of cooperation not just between judicial authorities of EU Member States, but criminal justice systems in general, including penitentiary institutions. The novelty of the book lays not only in the fact that it brings to the fore a topic that so far has been under-researched, but it also brings together academics and studies from different parts of Europe – from the west (i.e. the expelling countries) and the east (the receiving countries, with a special focus on two of the jurisdictions most affected by these processes – Poland and Romania). It therefore exposes processes that have so far been hidden, shows the links between sending and receiving countries, and elaborates on the harms caused by those instruments and the very idea of ‘justice’ behind them. This book also introduces a new element to deportation studies as it links to them the institution of the European Arrest Warrant and EU law transfers targeting prisoners and sentenced individuals. With a combination of legal, criminological, and sociological perspectives, this book will be of great interest to scholars and students with an interest in EU law, criminal law, transnational criminal justice, migration/immigration, and citizenship.

The book is an element of the research project titled ‘Experiences of Poles Deported from the UK in the Context of the Criminal Justice System Involvement’, which was made possible thanks to the funding from National Science Centre, Poland (under Grant No. UMO-2018/30/M/HS5/00816).

Transnational criminal justice instruments and the management of 'unwanted' EU nationals : An introduction

Współautorstwo: Brandariz, José A.; Martynowicz, Agnieszka

Forced Mobility of EU Citizens : Transnational Criminal Justice Instruments and the Management of 'Unwanted' EU Nationals / edited by José A. Brandariz, Witold Klaus, Agnieszka Martynowicz. London : Routledge, 2023, s. 1-14.

The assumption on which this edited collection is based may seem intriguing – if not puzzling. This book brings together discussions of several law enforcement and criminal justice devices that at first sight appear to be heterogeneous. Initially, the collection explores several EU law instruments aimed at enabling the cross-border cooperation of national criminal justice authorities in prosecuting and punishing criminal offences in cases where actors from different jurisdictions are involved. These legal arrangements are a critical part of the ambitious judicial cooperation agenda implemented by EU authorities in the past two decades, under the umbrella of the area of freedom, security and justice (see Title V of Part 3 of the Treaty on the Functioning of the European Union) (Fijnaut, 2019). The enactment of the European Arrest Warrant (Council Framework Decision 2002/584/JHA of 13 June 2002; hereinafter EAW) was an early and significant milestone in these cooperation efforts (Barbosa et al., 2022; Fichera, 2011; Klimek, 2015). The EAW has markedly altered the texture and operation of cross-border criminal justice in Europe, being widely and increasingly utilised in many jurisdictions (see European Commission, 2021).