There is substantial disagreement in academic literature over how to address the tensions between the application of mutual recognition and the safeguarding of individual rights, particularly in the EU criminal justice area. This book investigates those tensions by re-examining the nature of mutual recognition in European law from an individual rights perspective. A key question is the role played by mutual recognition in the process of reconciling free movement and other interests. The book contains a comparative analysis of mutual recognition in the internal market and the Area of Freedom, Security and Justice. It assesses mutual recognition in the context of the aims of both areas, the principles of European law and norms laid down in primary and secondary EU law. The analysis follows mutual recognition in the fields of product requirements, professional qualifications and judicial decisions in criminal matters. The author concludes that the core function of mutual recognition has been obscured by assertions made by EU policy makers regarding its consequences, which fail to distinguish between policy objectives, integration methods and legal obligations. This has also lead to a debate among academics and an interpretation of mutual recognition by the Court of Justice which presents an unnecessary conflict between the application of mutual recognition and the safeguarding of individual rights. It is argued that for mutual recognition to have a stable future in the EU criminal justice area, clarity regarding its aims is urgently required and individual rights need to be enhanced both in judicial cooperation measures and through harmonisation of suspects' rights in criminal proceedings.
How will the latest series of sweeping reforms affect China's expanding private equity industry? How does this complex sector of the massive Chinese economy point the way towards further explosive growth? How can investors position themselves under the new regulatory system to do business in the future? Private Equity Funds in China: A 20-Year Overview, in 2 volumes, serves as the definitive resource on understanding and navigating China's private funds market. Both a history and a guide, the 2 volumes of this set explain the ups-and-downs of China's private funds market and the substantial differences and striking similarities between China's private equity market and similar markets in the United States and Europe. With comprehensive data and statistics, as well as inside information, Chief Editor Xia Bin, the Counselor of the State Council, presents policy recommendations which could potentially change China's equity funds sector, and even the asset management market. Private Equity Funds in China: A 20-Year Overview offers a bold and frank assessment of the state of the industry and reveals: The inner workings of China's private securities and non-securities investment funds The intricacies of China's "sunshine" private funds The progression of China's venture capital funds
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