Legitimizing European Criminal Law

Author : Merita Kettunen
Publisher : Springer Nature
Page : 278 pages
File Size : 50,9 Mb
Release : 2019-11-08
Category : Law
ISBN : 9783030161743

Get Book

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.

Author : Christina Peristeridou
Publisher : Unknown
Page : 0 pages
File Size : 52,9 Mb
Release : 2015
Category : Criminal law
ISBN : 178068357X

Get Book

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.

Author : Christina Peristeridou
Publisher : Unknown
Page : 359 pages
File Size : 44,8 Mb
Release : 2014
Category : Criminal law
ISBN : 1780685629

Get Book

Principle of Legality in European Criminal Law by Christina Peristeridou Pdf

Author : Irene Wieczorek
Publisher : Bloomsbury Publishing
Page : 267 pages
File Size : 49,8 Mb
Release : 2020-07-09
Category : Law
ISBN : 9781509919758

Get Book

The Legitimacy of EU Criminal Law by Irene Wieczorek Pdf

This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks 'Why EU Criminal Law?' looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book then questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself.

Author : Stefano Ruggeri
Publisher : Springer
Page : 317 pages
File Size : 50,9 Mb
Release : 2015-01-02
Category : Law
ISBN : 9783319120423

Get Book

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.

Author : Professor Nina Peršak
Publisher : Ashgate Publishing, Ltd.
Page : 198 pages
File Size : 54,6 Mb
Release : 2014-05-28
Category : Law
ISBN : 9781472426062

Get Book

Legitimacy and Trust in Criminal Law, Policy and Justice by Professor Nina Peršak Pdf

Whereas previous studies of legitimacy and trust have mostly dealt with procedural justice and the police, this book focuses on other crucial understudied aspects of legitimacy within criminal law, policy and criminal justice. The chapters expand and develop current criminological, legal and socio-legal research by addressing conceptions of legitimacy linked to criminal law norms, criminalisation and sanctioning; by examining EU legal and policy aspects of the phenomenon; and by exploring some specific court-related issues of legitimacy and trust, hitherto neglected. With contributions from across the EU, this interdisciplinary collection presents a valuable discussion on the importance of trust in legal institutions of modern democracies and suggests ideas for future research in this area to challenge ways of thinking about legitimacy.

Author : Valsamis Mitsilegas,Maria Bergström,Theodore Konstadinides
Publisher : Edward Elgar Publishing
Page : 672 pages
File Size : 55,6 Mb
Release : 2016-03-25
Category : Law
ISBN : 9781783473311

Get Book

Research Handbook on EU Criminal Law by Valsamis Mitsilegas,Maria Bergström,Theodore Konstadinides Pdf

EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work

Author : Jannemieke Ouwerkerk,Judit Altena,Jacob Öberg,Samuli Miettinen
Publisher : BRILL
Page : 275 pages
File Size : 46,7 Mb
Release : 2019-03-27
Category : Law
ISBN : 9789004367371

Get Book

The Future of EU Criminal Justice Policy and Practice by Jannemieke Ouwerkerk,Judit Altena,Jacob Öberg,Samuli Miettinen Pdf

In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.

Author : Anonim
Publisher : Unknown
Page : 285 pages
File Size : 47,7 Mb
Release : 2012
Category : Constitutional law
ISBN : 1472566041

Get Book

The Constitutional Dimension of European Criminal Law by Anonim Pdf

International and Comparative Criminal Law.

Author : Valsamis Mitsilegas
Publisher : Unknown
Page : 400 pages
File Size : 53,7 Mb
Release : 2020
Category : Criminal jurisdiction
ISBN : 147420340X

Get Book

EU Criminal Law by Valsamis Mitsilegas Pdf

"This is the second edition of EU Criminal Law , which has become since its publication in 2009 a key point of reference in the field. The second edition is updated and substantially expanded, to take into account the significant growth of EU criminal law as a legal field and the impact of the entry into force of the Lisbon Treaty on European integration in criminal matters. The book offers an in-depth analysis of the key elements of European integration in criminal matters, including EU powers and competence to criminalise, the evolution of judicial co-operation under the principles of mutual recognition and mutual trust, EU action in the field of criminal procedure including legislation on the rights of the defendant and the victim, the evolving role of European bodies and agencies (such as Europol, Eurojust and the European Public Prosecutor's Office) in European criminal law, and the development of EU-wide surveillance and data gathering and exchange mechanisms. Several chapters are devoted to the external dimension of EU action in criminal matters (including transatlantic counter-terrorism cooperation). Throughout the volume, the constitutional and fundamental rights implications of European integration in criminal matters are highlighted."--

Author : Ricardo Pereira,Annegret Engel,Samuli Miettinen
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 51,5 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781788977296

Get Book

The Governance of Criminal Justice in the European Union by Ricardo Pereira,Annegret Engel,Samuli Miettinen Pdf

This timely book provides an astute assessment of the institutional and constitutional boundaries, interactions and tensions between the different levels of governance in EU criminal justice. Probing the conceptual and theoretical underpinnings of the EU’s approach to transnational crime, it proposes improved mechanisms for public participation in the governance of EU criminal law, designed to ensure better transparency, accountability and democratic controls.

Author : Anonim
Publisher : Unknown
Page : 285 pages
File Size : 40,5 Mb
Release : 2012
Category : Constitutional law
ISBN : 6613970344

Get Book

The Constitutional Dimension of European Criminal Law by Anonim Pdf

International and Comparative Criminal Law.

Author : Joanna Beata Banach-Gutierrez,Christopher Harding
Publisher : Routledge
Page : 276 pages
File Size : 52,9 Mb
Release : 2018-06-08
Category : Electronic
ISBN : 1138614041

Get Book

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.

Author : Anne Weyembergh,Chloé Brière
Publisher : Unknown
Page : 128 pages
File Size : 40,5 Mb
Release : 2018
Category : LAW
ISBN : 1509917039

Get Book

The Needed Balances in EU Criminal Law by Anne Weyembergh,Chloé Brière Pdf

This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.

Author : André Klip
Publisher : Unknown
Page : 0 pages
File Size : 47,8 Mb
Release : 2012
Category : Criminal law
ISBN : 1780680015

Get Book

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.