Fahey, Elaine --- "Transatlantic cooperation in criminal law" [2016] ELECD 512; in Mitsilegas, Valsamis; Bergström, Maria; Konstadinides, Theodore (eds), "Research Handbook on EU Criminal Law" (Edward Elgar Publishing, 2016) 532

Book Title: Research Handbook on EU Criminal Law

Editor(s): Mitsilegas, Valsamis; Bergström, Maria; Konstadinides, Theodore

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783473304

Section: Chapter 25

Section Title: Transatlantic cooperation in criminal law

Author(s): Fahey, Elaine

Number of pages: 13

Abstract/Description:

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