This book is the first to map and critically analyse the legalisation of EU-Japan cooperation in criminal justice matters, charting the existing legal instruments which regulate cooperation in the fight against crime between European states and Japan.
It examines which forms of cooperation are regulated by EU Law, and which are not, and takes stock through selected case studies of the functioning in practice of cooperation between the EU as an organisation, single European States and Japan. The book focuses particularly on police cooperation, exchange of electronic evidence, mutual legal assistance, extradition, transfer of prisoners and data exchanges. It looks at the EU-Japan MLA Agreement, the Europol-Japan National Police Agency Working Arrangement, the negotiations on a PNR Agreement, and the Council of Europe Convention for Transfer of Sentenced Persons; all instruments aimed at regulating cooperation against crime between European states and Japan. Finally, the book also looks at the implications for the fight against crime of the EU-Japan Economic Partnership Agreement, Strategic Partnership Agreement, and the European Commission Adequacy decision.
This book will be of key interest to scholars and students of EU Criminal law, EU-Japan cooperation, Japanese studies, transnational crime, and more broadly to comparative criminal justice, International Relations and security studies.
Chapter 1 and 9 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non-Commercial-No Derivatives 4.0 licence.
Preface by MASAKI Yasushi
1. Transfer of prisoners and extradition cases between Europe and Japan: Legal and practical challenges
Irene Wieczorek and Anne Weyembergh
2. An analysis of the seven Mutual Legal Assistance (MLA) agreements concluded by Japan and the uniqueness of the EU-Japan MLA Agreement
3. Norm diffusion as a tool to uphold and promote EU values and interests: A case study on the EU-Japan Mutual Legal Assistance Agreement
Anne Weyembergh and Irene Wieczorek
4. EU law enforcement cooperation with non-EU countries: A general overview and special focus on EU-Japan cooperation
5. The Adequacy Decision on Japan under the General Data Protection Regulation: What are the possible implications for law enforcement exchanges?
6. Is there an obligation not to cooperate with abolitionist States?: Noting the gaps in and potential of the Japan–EU Agreement on Mutual Legal Assistance in Criminal Matters
7. EU-Japan cooperation in combatting cybercrime: From the Strategic Partnership Agreement to global partnerships
8. Direct cooperation relating to the collection of electronic evidence in criminal investigations: The challenges for the European Union and Japan
9. The Right to an attorney in interrogations in Japan: Is the Ghosn extradition case a turning point?