Crimes, remedies and videotape; An unhappy encounter with EU law?
The chapter uses the ruling of the Court of Appeal/Divisional Court in the joined cases of Interfact and Budimir to discuss the concept and phenomenon of national judicial resistance to the encroachment of European laws (EU and ECHR) into criminal procedure. Having provided a detailed analysis of the case, which distinguishes "substantive" from "rhetorical" resistance, it then proceeds to draw some broader lessons that apply in general to the reception of European laws by national criminal courts .
Citation : Baker, E. (2016) Crimes, remedies and videotape; An unhappy encounter with EU law? In: R. Colson and S. Field (eds) EU Criminal Justice and the Challenges of Legal Diversity: Towards a Socio-Legal Approach to EU Criminal Policy, Cambridge: Cambridge University Press, pp. 241-267
ISBN : 9781107096585
Research Institute : Institute for Evidence-Based Law Reform (IELR)
Peer Reviewed : Yes
- Department of Law