Multilevel Protection Of The Principle Of Legality In Criminal Law

Author : Mercedes Pérez Manzano,Juan Antonio Lascuraín Sánchez,Marina Mínguez Rosique
Publisher : Springer
Page : 234 pages
File Size : 44,6 Mb
Release : 2017-10-24
Category : Law
ISBN : 9783319638652

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Multilevel Protection of the Principle of Legality in Criminal Law by Mercedes Pérez Manzano,Juan Antonio Lascuraín Sánchez,Marina Mínguez Rosique Pdf

This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Río Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.

Author : Christina Peristeridou
Publisher : Unknown
Page : 0 pages
File Size : 50,7 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.

Author : Kenneth S. Gallant
Publisher : Unknown
Page : 603 pages
File Size : 47,9 Mb
Release : 2011
Category : Criminal jurisdiction
ISBN : OCLC:958701598

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The Principle of Legality in International and Comparative Criminal Law by Kenneth S. Gallant Pdf

Author : Serena Quattrocolo
Publisher : Springer Nature
Page : 230 pages
File Size : 55,6 Mb
Release : 2020-08-27
Category : Law
ISBN : 9783030524708

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Artificial Intelligence, Computational Modelling and Criminal Proceedings by Serena Quattrocolo Pdf

This book discusses issues relating to the application of AI and computational modelling in criminal proceedings from a European perspective. Part one provides a definition of the topics. Rather than focusing on policing or prevention of crime – largely tackled by recent literature – it explores ways in which AI can affect the investigation and adjudication of crime. There are two main areas of application: the first is evidence gathering, which is addressed in Part two. This section examines how traditional evidentiary law is affected by both new ways of investigation – based on automated processes (often using machine learning) – and new kinds of evidence, automatically generated by AI instruments. Drawing on the comprehensive case law of the European Court of Human Rights, it also presents reflections on the reliability and, ultimately, the admissibility of such evidence. Part three investigates the second application area: judicial decision-making, providing an unbiased review of the meaning, benefits, and possible long-term effects of ‘predictive justice’ in the criminal field. It highlights the prediction of both violent behaviour, or recidivism, and future court decisions, based on precedents. Touching on the foundations of common law and civil law traditions, the book offers insights into the usefulness of ‘prediction’ in criminal proceedings.

Author : Roberto E. Kostoris
Publisher : Springer
Page : 445 pages
File Size : 52,9 Mb
Release : 2018-04-12
Category : Law
ISBN : 9783319724621

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Handbook of European Criminal Procedure by Roberto E. Kostoris Pdf

This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor’s Office.

Author : Walker, Clive,Llobet Anglí, Mariona,Meliá, Manuel C.
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 46,9 Mb
Release : 2022-01-18
Category : Law
ISBN : 9781788976329

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Precursor Crimes of Terrorism by Walker, Clive,Llobet Anglí, Mariona,Meliá, Manuel C. Pdf

This illuminating book offers a timely assessment of the development and proliferation of precursor crimes of terrorism, exploring the functions and implications of these expanding offences in different jurisdictions. In response to new modes and sources of terrorism, attempts to pre-empt potential attacks through precursor offences have emerged. This book examines not only the meanings and effectiveness of this approach, but also the challenges posed to human rights and social and economic development.

Author : Sarah J Summers
Publisher : Oxford University Press
Page : 305 pages
File Size : 44,6 Mb
Release : 2022-10-06
Category : Law
ISBN : 9780192697615

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Sentencing and Human Rights by Sarah J Summers Pdf

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. There has been little sustained consideration of the ways in which human rights act to safeguard the individual from substantive unfairness or injustice in the imposition of punishment. Human rights might be expected to play a pivotal role at the sentencing stage, regulating the process and substance of sentencing, mapping out the state's role, and affording it legitimacy in the imposition of punishment. The traditional view that sentencing theory is best understood as a branch of moral philosophy has obscured the importance of consideration of the special nature of state punishment as mediated by and through law and the significance of human rights principles, notably legality, proportionality, equality, and judicial responsibility for the determination of the sentence. Sarah J Summers focusses on sentencing practices which are widespread across Europe and indeed further afield and their compatibility with constitutional or human rights principles. Sentencing and Human Rights develops a systematic account of the importance of human rights principles at sentencing stage. Consideration of these principles provides the basis for an examination of the way in which they might be expected to limit important sentencing practices, such as the imposition of aggravated sentences for previous convictions, the treatment of confessions and mandatory minimum sentences. It is not just that punishment follows a multitude of aims but rather that the balance of these aims may, and in the context of lengthy prison sentences almost certainly will, change during the sentence. This examination of the human rights limits on the sentence suggests that it might be necessary to reconsider the way in which state punishment is conceptualised in sentencing theory.

Author : Goreti Marreiros,Bruno Martins,Ana Paiva,Bernardete Ribeiro,Alberto Sardinha
Publisher : Springer Nature
Page : 818 pages
File Size : 50,6 Mb
Release : 2022-09-12
Category : Computers
ISBN : 9783031164743

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Progress in Artificial Intelligence by Goreti Marreiros,Bruno Martins,Ana Paiva,Bernardete Ribeiro,Alberto Sardinha Pdf

This book constitutes the proceedings of the 21st EPIA Conference on Artificial Intelligence, EPIA 2022, which took place in Lisbon, Portugal, in August/September 2022. The 64 papers presented in this volume were carefully reviewed and selected from 85 submissions. They were organized in topical sections as follows: AI4IS - Artificial Intelligence for Industry and Societies; AIL - Artificial Intelligence and Law; AIM - Artificial Intelligence in Medicine; AIPES - Artificial Intelligence in Power and Energy Systems; AITS - Artificial Intelligence in Transportation Systems; AmIA - Ambient Intelligence and Affective Environments; GAI - General AI; IROBOT - Intelligent Robotics; KDBI - Knowledge Discovery and Business Intelligence; KRR - Knowledge Representation and Reasoning; MASTA - Multi-Agent Systems: Theory and Applications; TeMA - Text Mining and Applications.

Author : Jannemieke Ouwerkerk,Judit Gerrie Hendrike Altena,Jacob Öberg,Samuli Miettinen
Publisher : Unknown
Page : 0 pages
File Size : 54,7 Mb
Release : 2019
Category : Criminal law
ISBN : 9004367365

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The Future of EU Criminal Justice Policy and Practice by Jannemieke Ouwerkerk,Judit Gerrie Hendrike 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 : Javier Ignacio Escobar Veas
Publisher : Springer Nature
Page : 221 pages
File Size : 49,9 Mb
Release : 2023-01-23
Category : Law
ISBN : 9783031165566

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Ne bis in idem and Multiple Sanctioning Systems by Javier Ignacio Escobar Veas Pdf

The aim of the book is to resolve the question of whether multiple sanctioning systems are contrary to the ne bis in idem under the regulation provided by Protocol 7 to the ECHR and the EU Charter of Fundamental Rights. The first part is a comparative study regarding the lawfulness of multiple sanctioning systems under the ne bis in idem, studying the evolution and the current state of the case law of the United States Supreme Court, the Canadian Supreme Court, the European Court of Human Rights (ECtHR), and the Court of Justice of the European Union (CJEU). The second part of the book critically analyses three problems with the case law of the ECtHR and the CJEU. Part three deals with reconceptualizing the prohibition of multiple punishment and the prohibition of multiple prosecutions. Finally, the fourth part addresses other possible protections against multiple sanctioning systems. Two other safeguards that limit multiple sanctioning systems are the prohibition of disproportionate sanctions and the right to be tried within a reasonable time.

Author : Sara Paiusco
Publisher : Nomos Verlag
Page : 492 pages
File Size : 44,8 Mb
Release : 2021-06-17
Category : Law
ISBN : 9783748922766

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Nullum Crimen Sine Lege, the European Convention on Human Rights and the Foreseeability of the Law by Sara Paiusco Pdf

Das Buch untersucht nullum crimen sine lege als europäischen Grundsatz. Die Untersuchung konzentriert sich auf die Rolle der Vorhersehbarkeit als Lösung für die Legalitätsprobleme, die sich aus dem Richterrecht im Strafrecht ergeben. Die Vorhersehbarkeit und seine Entwicklung werden in der Rechtsprechung des EGMR untersucht. Aktuelle Lösungen, die von Zivilrechtsstaaten (Italien und Deutschland) angenommen wurden, werden auch unter Berücksichtigung der theoretischen Grundlagen von ncsl analysiert. Darüber hinaus wird die Rolle der Vorhersehbarkeit im EU-Recht als Beispiel für eine wirkungsorientierte Rechtsordnung betrachtet. Abschließend werden Zukunftsperspektiven für die Umsetzung der Vorhersehbarkeit analysiert.

Author : Terje Einarsen
Publisher : Torkel Opsahl Academic EPublisher
Page : 361 pages
File Size : 45,8 Mb
Release : 2012-08-15
Category : Law
ISBN : 9788293081333

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The Concept of Universal Crimes in International Law by Terje Einarsen Pdf

This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.

Author : José Rama,Lisa Zanotti,Stuart J. Turnbull-Dugarte,Andrés Santana
Publisher : Routledge
Page : 174 pages
File Size : 42,7 Mb
Release : 2021-06-15
Category : Political Science
ISBN : 9781000394481

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VOX by José Rama,Lisa Zanotti,Stuart J. Turnbull-Dugarte,Andrés Santana Pdf

This book examines VOX, the first major and electorally successful populist radical right-wing party to emerge in Spain since the death of General Franco, and the restoration of parliamentary democracy in the late 1970s. In December 2018, VOX, a new party on the populist radical right, entered the Andalusian regional parliament, and played the role of kingmaker in the ensuing government formation discussions. Since then, under the leadership of Santiago Abascal, VOX has earned political representation in numerous local, regional and national elections. The party attracted more than 3.6 million votes in the November 2019 general election, making VOX the third largest party in the Spanish Congress. In two years, the party has become a key political challenger and an important player in Spanish politics. This book explains the origins of the party, its ideology and relationship with democracy, its appeal with voters, and its similarities with (and differences from) other populist radical right parties in Europe. It draws upon a rich source of domestic as well as cross-national survey data and a systematic analysis of party manifestos which provide a detailed account of the rise of VOX and what its emergence means for Spanish politics. This volume will be of interest to scholars of comparative politics, political parties, voters and elections, Spanish politics, the populist radical right and populism in general.

Author : Mikhel Timmerman
Publisher : Unknown
Page : 0 pages
File Size : 42,5 Mb
Release : 2018
Category : Civil rights
ISBN : 1780683049

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Legality in Europe by Mikhel Timmerman Pdf

Through the establishment of EU criminal law, EU actors have come to influence the definition and interpretation of domestic crimes and penalties. Both the EU legislature and the CJEU define and interpret provisions of EU law with relevance for the determination of criminal liability and the prescription of applicable penalties in the law of the Member States.This influence on substantive criminal law raises questions about the limits to these legislative and interpretive activities, both at the EU level and at the level of the Member States. Since requirements for the definition, interpretation, and application of substantive criminal law are traditionally provided by the principle nullum crimen, nulla poena sine lege (ie the legality principle), the functioning of this principle in EU criminal law merits investigation.To understand the role and functioning of the legality principle in EU criminal law, the author examines and compares the actual constructions of the supranational European legality principles; ie the legality principles protected under the ECHR and by EU law.He ascertains that, while under the ECHR, the legality principle only requires the protection of a rather minimal standard of legal certainty, such a minimum standard might not be appropriate under EU law.The multilevel nature of the definition and interpretation of offences and penalties in EU criminal law, the influence of multilingualism, and the general EU standard of legal certainty provided outside the criminal sphere, make it appropriate that the EU's legality principle goes beyond the minimum ECHR standard.The author argues that, instead of merely functioning as a prohibition on arbitrariness, the EU legality principle should ensure a level of legal certainty, which is closer to the maximum predictability of the consequences of certain acts. Furthermore, it should be construed more consistently and on the basis of a clear conceptual framework, while its general conformity with the ECHR minimum standard should be made more apparent.

Author : Stefan Griller,Lina Papadopoulou,Roman Puff
Publisher : Bloomsbury Publishing
Page : 863 pages
File Size : 48,7 Mb
Release : 2022-08-25
Category : Law
ISBN : 9781509906741

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National Constitutions and EU Integration by Stefan Griller,Lina Papadopoulou,Roman Puff Pdf

Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration? This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees. In doing so, it tracks possible roadblocks to the future evolution of European integration. Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape. Its single-structure approach allows for comparison while maintaining consistency. It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration.