Approximation of Substantive Criminal Law in the EU PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Approximation of Substantive Criminal Law in the EU PDF full book. Access full book title Approximation of Substantive Criminal Law in the EU by Serge de Biolley. Download full books in PDF and EPUB format.
Author: Serge de Biolley
Publisher:
ISBN:
Category :
Languages : en
Pages : 256
Get Book Here
Book Description
This book dedicated to the substantive criminal law in the EU put the Libson Treaty under scrutiny. It evaluates the changes introduced by this new Treaty and their impact, before reflecting on future prospects.
Author: Serge de Biolley
Publisher:
ISBN:
Category :
Languages : en
Pages : 256
Get Book Here
Book Description
This book dedicated to the substantive criminal law in the EU put the Libson Treaty under scrutiny. It evaluates the changes introduced by this new Treaty and their impact, before reflecting on future prospects.
Author: Francesca Galli
Publisher: Université de Bruxelles
ISBN: 9782800415444
Category : Criminal law
Languages : en
Pages : 252
Get Book Here
Book Description
The European Union's efforts to approximate substantive criminal law began under the third pillar of the Maastricht Treaty, then amended by the Amsterdam and Nice Treaties. As with other areas of cooperation in criminal matters, this domain has been 'communitarised' by the Lisbon Treaty. Since then, it is the area where the most initiatives have been introduced. In this context, the purpose of the book is twofold. The first aim is to evaluate the changes introduced by the new Treaty and, three years after its entry into force, to provide an overview of the concrete implementation and practical impact of these changes. The second is to reflect on future prospects. Following an introduction, which identifies the institutional and decisionmaking changes resulting from the Lisbon Treaty and examines the novel interactions among European actors, the book is divided into two main sections. The first one develops a crosscutting approach, which can be applied to the approximation of substantive criminal law irrespective of any specific domain of analysis. It draws together reflections on the importance of fundamental principles of criminal law ; on the so-called annexcompetence provided for by Article 83 (2) TFEU ; on the role of the approximation of substantive criminal law with a view to the establishment of a European Public Prosecutor's Office ; and on the development of a general substantive criminal law for the EU. The focus of the second part of the book is on evaluating the impact of EU approximation instruments in three selected areas (drug trafficking, terrorist offences and trafficking in human beings). In cases where successive EU instruments have been adopted over time, this second part will assess whether and to what extent evaluation processes had an impact on the drafting of subsequent provisions. The edited volume ends with concluding remarks on the way forward. This book has been co-written by an international team mainly composed of academics and researchers who are members of ECLAN (the European Criminal Law Academic Network).
Author: André Klip
Publisher: Maklu
ISBN: 9046604403
Category : Law
Languages : en
Pages : 256
Get Book Here
Book Description
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). --
Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1294
Get Book Here
Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Author: Maria Fletcher
Publisher: Edward Elgar Publishing
ISBN: 1848443889
Category : Law
Languages : en
Pages : 251
Get Book Here
Book Description
. . . 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.
Author: Merita Kettunen
Publisher: Springer Nature
ISBN: 3030161749
Category : Law
Languages : en
Pages : 278
Get Book Here
Book Description
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: Gert Vermeulen
Publisher: Maklu
ISBN: 9046602648
Category : Law
Languages : en
Pages : 114
Get Book Here
Book Description
The EU Level Offence Classification System (EULOCS) brings together the current EU substantive criminal law acquis, building essentially on offence definitions referred to in legal instruments included in the EU Justice and Home Affairs (EU JHA) acquis. In doing so, EULOCS clarifies the scope between EU competence and national sovereignty with regard to defining criminal behavior. With this book, EULOCS is bench-marked as a reference index for serving various needs in the broader EU criminal policy area, having the potential to significantly enhance the internal coherence thereof. The proposed reference index, with offence definitions inherent to it, fundamentally addresses the problem created by the organic elaboration and adoption of legal instruments at the EU level, making reference to certain offence categories the scope or definition whereof is most often either not clarified or indicated, or left to the discretion of the individual Member States. Before elaborating on the creation of EULOCS - the methodology used, its main characteristics, and the potential for further development in the coming years - this book contains a brief overview of the incoherence in the EU JHA field and a reference to the EU study to implement the Action Plan to measure crime and criminal justice, conducted for the European Commission in the course of 2008-2009, in the context of which EULOCS has been created. Most importantly, the full EULOCS, with all its complementary variables and context fields, has been inserted. This book is essential reading for EU policy makers, judicial and law enforcement authorities throughout the Union, as well as those in a broader international context. It will be particularly appealing also to the research community and anyone involved in or taking an interest in justice and home affairs or criminal policy initiatives in the EU.
Author: Jannemieke Ouwerkerk
Publisher: BRILL
ISBN: 9004367373
Category : Law
Languages : en
Pages : 275
Get Book Here
Book Description
In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.
Author: Francesco Calderoni
Publisher: Springer Science & Business Media
ISBN: 3642043305
Category : Law
Languages : en
Pages : 201
Get Book Here
Book Description
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.
Author: Chloé Brière
Publisher: Bloomsbury Publishing
ISBN: 1509917020
Category : Law
Languages : en
Pages : 698
Get Book Here
Book Description
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.
