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The External Dimension of the European Union’s Area of Freedom, Security and Justice

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Edited By Marise Cremona, Jörg Monar and Sara Poli

During the last decade the rapid growth of justice and home affairs as an internal policy making domain of the European Union has led to the Union emerging as an increasingly important international actor in this field.
This book covers the institutional and legal framework of the external dimension of EU justice and home affairs; issues of policy interaction as well as specific challenges; policy responses and results in the fields of migration policy; judicial cooperation; counter-terrorism; and cooperation with major international partners.
Taking into account the changes introduced by the Treaty of Lisbon as well as the priorities set by the 2010-2014 Stockholm Programme the book provides an in-depth exploration of the political and legal dynamics of a major new dimension of the EU.

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PART FOUR. EXTERNAL ASPECTS OF JUDICIAL COOPERATION

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PART FOUR EXTERNAL ASPECTS OF JUDICIAL COOPERATION 239 CHAPTER 8 The European Union and the Implementation of International Norms in Criminal Matters Valsamis MITSILEGAS 1. Introduction Criminal law has been one of the fastest growing areas of European Union law in the past two decades, as witnessed in particular by the harmonisation at Union level of a number of areas of substantive crimi- nal law, as well as by the spectacular advancements in the application of the principle of mutual recognition in criminal matters. This rapid growth of European Union criminal law has not occurred in isolation. The European Union has been playing an active role in international fora developing global multilateral standards in criminal matters. The aim to influence the globalisation of criminal law has persisted notwith- standing the complex internal pillar structure of the Union and the different status and nature of the various international fora in the field. In one form or another, the European Union – and its Member States – have been involved with the development of multilateral standards in criminal law inter alia in the United Nations and at the regional level the Council of Europe, and in the case of “soft law” standards with the Financial Action Task Force (FATF). The standards produced at that level, as well as the methods of ensuring compliance with, and the im- plementation of, these standards, have had a significant influence in the development of “internal” Union criminal law. This chapter will assess this influence, by looking at the...

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