Actus Reus And Participation In European Criminal Law

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Actus Reus and Participation in European Criminal Law

Johannes Keiler
Actus Reus and Participation in European Criminal Law Book PDF

Author : Johannes Keiler
Publisher : Unknown
Page : 0 pages
File Size : 48,9 Mb
Release : 2013
Category : Criminal law
ISBN : 1780681356

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Actus Reus and Participation in European Criminal Law by Johannes Keiler Pdf

With the coming into force of the Treaty of Lisbon, the competences of the European Union in the realm of criminal law have greatly expanded. The EU, in a multitude of legislative instruments, requires its Member States to criminalize a big variety of harmful conducts. However, the criminal law legislation of the EU has, so far, almost exclusively focused on specific criminal offenses and has failed to develop and define general principles of criminal law. The EU frequently refers to conduct, attempt, and participation in its legislation, but fails to determine what these concepts should denote. As a result, the scope of European criminal law may differ among European countries as Member States will apply their national doctrines to European legislation. This book steps into this lacuna by establishing what actus reus and rules on participation should look like in European criminal law. In addition, it investigates inchoate offenses and corporate criminal liability. How should the doctrines of conduct, omission, and causation be defined? How to attribute liability in case several people cooperate to bring about a criminal result? What should preparing and attempting a crime denote in European criminal law and how can corporations best be held responsible for the harm they have caused? To answer these questions, this book distills common general principles on actus reus, participation, inchoate and corporate liability from the national criminal justice systems of the Member States, as well as from EU law. These results are subsequently merged into coherent principles of European criminal law. The author, Dr. Johannes Keiler, was awarded the prestigious criminal law Modderman Prize for this book in 2014. (Series: School of Human Rights Research - Vol. 60)

Substantive Criminal Law of the European Union

André Klip
Substantive Criminal Law of the European Union Book PDF

Author : André Klip
Publisher : Maklu
Page : 256 pages
File Size : 54,9 Mb
Release : 2011
Category : Law
ISBN : 9789046604403

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Substantive Criminal Law of the European Union by André Klip Pdf

The book is the result of the conference "Substantive Criminal Law of the European Union" organised by the Criminal Law Department of Maastricht University on 20 and 21 January 2011, with the generous support of the Faculty of Law of Maastricht University, the Koninklijke Nederlandse Academie van Wetenschappen, the Department of Criminal Law and Criminology of Maastricht University and the Hague Institute for the Internationalisation of Law (HIIL). --

EU Criminal Law after Lisbon

Valsamis Mitsilegas
EU Criminal Law after Lisbon Book PDF

Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
Page : 340 pages
File Size : 48,6 Mb
Release : 2016-06-30
Category : Law
ISBN : 9781782259886

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EU Criminal Law after Lisbon by Valsamis Mitsilegas Pdf

This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor's Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant System) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK participation in Europe's area of criminal justice and the feasibility of a Europe à-la-carte in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core.

EU Criminal Law and Policy

Joanna Beata Banach-Gutierrez,Christopher Harding
EU Criminal Law and Policy Book PDF

Author : Joanna Beata Banach-Gutierrez,Christopher Harding
Publisher : Routledge
Page : 261 pages
File Size : 41,5 Mb
Release : 2016-07-28
Category : Law
ISBN : 9781317427612

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EU Criminal Law and Policy by Joanna Beata Banach-Gutierrez,Christopher Harding Pdf

The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.

Legitimizing European Criminal Law

Merita Kettunen
Legitimizing European Criminal Law Book PDF

Author : Merita Kettunen
Publisher : Springer Nature
Page : 278 pages
File Size : 41,9 Mb
Release : 2019-11-08
Category : Law
ISBN : 9783030161743

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Legitimizing European Criminal Law by Merita Kettunen Pdf

The book examines how and according to which principles the enactment of European criminal legislation is legitimate. The approach adopted here focuses on the constitutionalization of criminal law (i.e., the growing importance of constitutional elements of the EU legal order and the ECHR regime within criminal law). Further, it shows how and why criminal law has a unique nature, and why it should not be equated with other fields of EU law.The book explains the basic research questions and methodologies, before turning to the nature of criminal law at the level of national law, and addressing the different levels of justification for criminal law. Further, it examines the most prominent features of European criminal law and the difference between general EU law and EU criminal law, as well as the theoretical ideals for European constitutional structures and criminal law. Examples of how the law in practice might not always be in keeping with these normative ideals serve to round out the coverage.

The Participants in the Trial

Demo-Droit Programme,Council of Europe,Themis (Project)
The Participants in the Trial Book PDF

Author : Demo-Droit Programme,Council of Europe,Themis (Project)
Publisher : Council of Europe
Page : 128 pages
File Size : 51,6 Mb
Release : 1997-01-01
Category : Political Science
ISBN : 9287132224

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The Participants in the Trial by Demo-Droit Programme,Council of Europe,Themis (Project) Pdf

Opening speech - Guy De Vel.

Mens Rea and Defences in European Criminal Law

Jeroen Blomsma
Mens Rea and Defences in European Criminal Law Book PDF

Author : Jeroen Blomsma
Publisher : Unknown
Page : 0 pages
File Size : 53,7 Mb
Release : 2012
Category : Criminal intent
ISBN : 1780681046

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Mens Rea and Defences in European Criminal Law by Jeroen Blomsma Pdf

Based on the author's thesis (Ph.D)--Maastricht University.

Criminal and Quasi-criminal Enforcement Mechanisms in Europe

Vanessa Franssen,Christopher Harding
Criminal and Quasi criminal Enforcement Mechanisms in Europe Book PDF

Author : Vanessa Franssen,Christopher Harding
Publisher : Bloomsbury Publishing
Page : 498 pages
File Size : 53,5 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509932870

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Criminal and Quasi-criminal Enforcement Mechanisms in Europe by Vanessa Franssen,Christopher Harding Pdf

This book looks at the interplay between criminal and other branches of public law pursuing similar objectives (referred to as 'quasi-criminal law'). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike.

Harmonization of Criminal Law in Europe

Erling Johannes Husab©ı,Asbjørn Strandbakken
Harmonization of Criminal Law in Europe Book PDF

Author : Erling Johannes Husab©ı,Asbjørn Strandbakken
Publisher : Intersentia nv
Page : 175 pages
File Size : 52,9 Mb
Release : 2005
Category : Criminal justice, Administration of
ISBN : 9789050954747

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Harmonization of Criminal Law in Europe by Erling Johannes Husab©ı,Asbjørn Strandbakken Pdf

"Colloquium ... was held at the Faculty of Law, University of Bergen on 20-21 February 2004"--P. v.

Essential Texts on International and European Criminal Law

Gert Vermeulen
Essential Texts on International and European Criminal Law Book PDF

Author : Gert Vermeulen
Publisher : Maklu
Page : 796 pages
File Size : 52,8 Mb
Release : 2012
Category : Law
ISBN : 9789046605523

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Essential Texts on International and European Criminal Law by Gert Vermeulen Pdf

This volume comprises the principal policy documents and multilateral legal instruments on international and European criminal law, with a special focus on Europol and Eurojust, as well as on initiatives aimed at combating international or organized crime or terrorism. The texts have been ordered according to the multilateral co-operation level within which they were drawn up: either Prum, the European Union (comprising also Schengen-related texts), the Council of Europe, or the United Nations. Now in its seventh edition, the book is meant to provide students, as well as practitioners (judicial and law enforcement authorities, lawyers, researchers, etc.), with essential, accurate, and up-to-date texts on these matters.

Human Rights in European Criminal Law

Stefano Ruggeri
Human Rights in European Criminal Law Book PDF

Author : Stefano Ruggeri
Publisher : Springer
Page : 317 pages
File Size : 50,5 Mb
Release : 2015-01-02
Category : Law
ISBN : 9783319120423

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Human Rights in European Criminal Law by Stefano Ruggeri Pdf

This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.

The Principle of Legality in European Criminal Law

Christina Peristeridou
The Principle of Legality in European Criminal Law Book PDF

Author : Christina Peristeridou
Publisher : Unknown
Page : 0 pages
File Size : 51,7 Mb
Release : 2015
Category : Criminal law
ISBN : 178068357X

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The Principle of Legality in European Criminal Law by Christina Peristeridou Pdf

This book develops a theory for the principle of legality in European criminal law. Its focus is on the legitimising and normative functions of this principle.

EU Criminal Law and Justice

Maria Fletcher,William C. Gilmore
EU Criminal Law and Justice Book PDF

Author : Maria Fletcher,William C. Gilmore
Publisher : Edward Elgar Publishing
Page : 251 pages
File Size : 53,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781848443884

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EU Criminal Law and Justice by Maria Fletcher,William C. Gilmore Pdf

. . . this book fills a significant gap in the English-language literature and must be read by all who seek to understand why profound reflection is needed on the theoretical underpinnings of EU criminal justice. Samuli Miettinen, Journal of Common Market Studies The book contains a number of interesting arguments and comments on the development of EU criminal law. . . the authors efforts to provide a generalist book in this ever-growing, increasingly important and still under-researched field of EU law must be welcomed. Valsamis Mitsilegas, The Edinburgh Law Review Today, EU criminal law and justice constitutes a significant body of law potentially affecting most aspects of criminal justice. This book provides a comprehensive, accessible yet analytically challenging account of the institutional and legal developments in this field to date. It also includes full consideration of the prospective changes to EU criminal law contained in the recent Lisbon Treaty . While, broadly speaking, the authors welcome the objectives of EU criminal law, they call for a profound rethinking of how the good of criminal justice however defined is to be delivered to those living in the EU. At present, despite sometimes commendable initiatives from the institutions responsible, the actual framing and implementation of the Area of Freedom, Security and Justice (AFSJ) suffers from a failure to properly consider the theoretical implications of providing the good of criminal justice at the EU level. Written shortly before the recent entry into force of the Lisbon Treaty, EU Criminal Law and Justice comprises a full overview of the key legal developments and debates and includes a user-friendly guide to the institutional changes contained in the Treaty. This timely book will be of interest to both undergraduate and postgraduate students, as well as to legal practitioners and policy makers at national and EU levels.

Organized Crime Legislation in the European Union

Francesco Calderoni
Organized Crime Legislation in the European Union Book PDF

Author : Francesco Calderoni
Publisher : Springer Science & Business Media
Page : 201 pages
File Size : 42,6 Mb
Release : 2010-06-09
Category : Law
ISBN : 9783642043314

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Organized Crime Legislation in the European Union by Francesco Calderoni Pdf

Just a few months after the entry into force of the EU Framework Decision on the fight against organized crime, this book provides an unprecedented analysis of the national and European legislation on organized crime. The book provides a critical examination of the European policies and legal instruments to promote the harmonization and approximation of criminal law in this field (including the United Nations Convention on Transnational Organized Crime). The current level of harmonization among EU Member States and the approximation to the standards of the new Framework Decision are discussed in detail, with the help of tables, graphs and maps. The results highlight the problems surrounding the international legal instruments and the inconsistencies of the national approaches to combating organized crime.

European Criminal Law

André Klip
European Criminal Law Book PDF

Author : André Klip
Publisher : Unknown
Page : 0 pages
File Size : 50,5 Mb
Release : 2012
Category : Criminal law
ISBN : 1780680015

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European Criminal Law by André Klip Pdf

European criminal law is explained as a multi-level field of law, in which the European Union has a normative influence on substantive criminal law, criminal procedure and on the co-operation between Member States. This book aims to describe the contours of the emerging criminal justice system of the European Union and to present a coherent picture of the legislation enacted and the case law on European Union Level and its influence on national criminal law and criminal procedure. Among the topics and questions covered in this book are the following: What does mutual recognition mean in the context of the European Arrest Warrant? How can European Union law be invoked by an accused? When is the Charter of Fundamental Freedoms applicable in national criminal proceedings? These and other pertinent questions are dealt with on the basis of an-in-depth analysis of the case law of the Court of Justice and legislation. In addition, the book challenges the reader to assess the mutual (and sometimes conflicting) influence of European Union law and national criminal law respectively and explains how European Union law will usually prevail although national criminal law still remains relevant. The book covers a wealth of court decisions and legal instruments making European Criminal Law, written for practitioners, academics and students, an invaluable source for every European and criminal lawyer This second updated and extended edition covers all recent developments since the entry into force of the Treaty of Lisbon in 2009. Book jacket.