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). --
Sarah Summers,Christian Schwarzenegger,Gian Ege,Finlay Young
Cyber Crime and the Regulation of the Information Society
Author: Sarah Summers,Christian Schwarzenegger,Gian Ege,Finlay Young
Publisher: Bloomsbury Publishing
Criminal law can no longer be neatly categorised as the product and responsibility of domestic law. That this is true is emphasised by the ever-increasing amount of legislation stemming from the European Union (EU) which impacts, both directly and indirectly, on the criminal law. The involvement of the EU institutions in the substantive criminal laws of its Member States is of considerable legal and political significance. This book deals with the emerging EU framework for creating, harmonising and ensuring the application of EU criminal law. This book aims to highlight some of the consequences of EU involvement in the criminal law by examining the provisions which have been adopted in the field of information and communications technology. It provides an overview of the criminal law competence of the EU and evaluates the impact of these developments on the criminal laws of the Member States. It then goes on to consider the EU legislation which requires Member States to regulate matters such as data protection, e-security, intellectual property and various types of illegal content through the criminal law is analysed. In the course of this evaluation, particular consideration is given to issues such as the basis on which the EU institutions establish the need for criminal sanctions, the liability of service providers and the extent to which the Member States have adhered to, or departed from, the legislation in the course of implementation.
This volume deals with the future of European criminal law under the Lisbon Treaty. The contributions assess the risks and prospects of the progressing European integration with a special focus on the enlarged competences of the EU in the field of criminal law.
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 analyse 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, with specific attention for the position of the accused. 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 standing trial in a national criminal proceeding? 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 influence of Union law and national criminal law respectively and explains how Union law will usually prevail although national criminal law still remains relevant. The book is unique in the wealth of court decisions and legal instruments it covers. This makes European Criminal Law an invaluable source for every European and criminal lawyer (be they practitioner, academic or student). This third updated and extended edition fully covers the transitionary period of the Treaty of Lisbon as well as all other developments up to and including autumn 2015. About the previous editions: '[...] his innovative scheme has caused him to think ahead. It is to this book, I suspect, that both lawyers and policy-makers will increasingly refer when confronted by some new issue.' Prof. John Spencer (Cambridge University) in CMLR (2010) 1557, 1559 (on the 1st edition of European Criminal Law) 'Overall this is an impressive work: it is a thorough and skilful analysis, practically touching all essential aspects of the criminal justice system. It is a tremendous work of synthesis, drawing conclusions from over 200 legislative acts and over 750 decisions of the European Court of Justice. Prof. Norel Neagu (Police Academy, Bucharest) in European Law Review (2010) 447, 449 (on the 1st edition of European Criminal Law) ~The House of Lords EU Subcommittee E launched an inquiry which posed the question: "Should EU laws on policing and crime adopted before the Lisbon Treaty entered into force in December 2009 continue to apply in the UK after they become subject to the jurisdiction of the European Court of Justice in December 2014?" Anyone who seeks to understand and answer the impact of that question and its answer would do well to read Professor Klip's outstanding text [...]' David J Dickson, solicitor advocate, Head of Extradition, Crown Office, Edinburgh in The Journal of the Law Society of Scotland (2013) (on the 2nd edition of European Criminal Law)
Rights, Trust and the Transformation of Justice in Europe
Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
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 Á -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.
The leading textbook on the four freedoms, popular with students and academics alike. This authoritative text offers a unique balance of comprehensive, detailed coverage in a concise and readable style, providing a critical and thorough analysis of the key principles of the substantive law of the EU. An introductory chapter provides valuable context on the governance of the internal market, its evolution, and the theories behind its key principles. Each of the freedoms is then dealt with in turn, covering goods, persons, services, and capital, before moving on to discuss harmonization, the regulation of the internal market, and its future. Additional useful detail is captured in footnotes, while directed further reading lists provide support for independent study and research. This thorough coverage is fully supported by engaging case studies throughout the book which place the law in context, helping you to understand the complexities of the subject and exploring the practical implications of EU law. Diagrams, flowcharts, and tables offer further detail and illustrate key ideas and processes in an easily accessible format, while chapter overviews, chapter content lists, and a clear structure ensure readers remain on track and can find information quickly. The book is accompanied by an Online Resource Centre which includes: -an online chapter on the common commercial policy -an interactive map and timeline of the EU, plus video footage of key moments in its development -useful weblinks and further reading advice -a searchable table of equivalences for quick reference to article numbering changes For lecturers: downloadable versions of the figures from the book are also available for use in lectures and handouts.
Gain an understanding of the threat to freedom that is posed by state regulation of adolescent sexual behavior Sexual autonomy encompasses both the right to engage in wanted sexual activity and the right to be free and protected from unwanted sexual aggression. Only when both aspects of adolescents’ rights are recognized can human sexual dignity be fully respected. In Adolescence, Sexuality, and the Criminal Law, experts from several disciplines use case studies, legal analysis, empirical examinations, and tables and figures to provide you with an insightful contribution to the debate surrounding child sexual abuse. Much has been written about the undisputedly essential fight against child sexual exploitation. In Adolescence, Sexuality, and the Criminal Law, experts investigate for the first time what distinguishes the sexual contacts of adolescents from those of children and why they should be treated separately. This updated version of the papers delivered to the International Association for the Treatment of Sex Offenders in 2002 is an essential guide for lawmakers, sexologists, psychologists, and lawyers interested in an interdisciplinary approach to adolescent sexuality and the criminal law. This resource carefully examines child sexual abuse laws that fail to distinguish between children and adolescents. The text includes discussions of the history of the age of consent, adolescent sexuality, relations between adolescents and adults, and adolescent prostitution and pornography that will leave you better informed about the sexual rights of adolescents and the criminal politics of youth protection. Adolescence, Sexuality, and the Criminal Law examines adolescent sexuality and the various policies that threaten adolescents’ autonomy, including: the question of youthful sexuality and how society has attempted to deal with it recent attempts to deny youthful sexuality through abstinence or changes in the law intergenerational sexual interaction child pornography and much more! As the debate surrounding child sexual abuse laws escalates, the value of this authoritative and timely text will continue to increase. Whether you are a lawmaker, a sexologist, a social worker, a lawmaker, or a lawyer, Adolescence, Sexuality, and the Criminal Law is a resource that you’ll return to again and again as you work to understand the importance of adolescent sexual rights.
This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
"A literal construction of the EC and EU Treaties suggests that their framers intended to limit the positive competences of both the Community and the Union in the field of criminal law. However, the European Court of Justice has consistently applied tests of necessity and effectiveness to develop the Community's catalogue of legislative competences and the interpretation of Community law, culminating in decisions which accord to the Community a limited criminal competence where this is deemed necessary for the effectiveness of other policy aims. This book takes stock of the development of criminal law in the context of the European Community and the European Union, and examines whether this has led to a European criminal policy, and interrogates the legal effects that European-level initiatives in the field have on national criminal law and on suspects. The work reflects on the interaction between the law of the European Community and national criminal law since the signing of the Treaty of Rome and proceed to consider the prospects of criminal law enacted at the European level against this framework of historical development. The book will review the supremacy of Community law over conflicting national criminal law, the past legislative practice of harmonised 'administrative' penalties and their impact on national legal systems, the ramifications of the Greek Maize decision, the development of relevant Community principles of fundamental rights, and the 2005 decisions on implied criminal competence and sympathetic interpretation. In the light of these developments and the judgment of the Court of Justice in the Ship-Source Pollution case, the work will explore whether there are fields in which the Community might enact directly applicable criminal penalties in the form of EC regulations. It will also examine related doctrinal concerns considered by the Court of Justice in its earlier case law on the interface between EC law and national criminal law. "--
This volume in the series Swedish Studies in European Law, produced by the Swedish Network for European Legal Studies, focuses on EU criminal law and transnational police co-operation. Against the background of the most important changes introduced by the Lisbon Treaty in the area of criminal law and police co-operation, this volume is divided into four main sections. Each section analyses some specific challenges. The first section includes a critical analysis of the boundaries of the new criminal law competencies, as well as some more general challenges for EU criminal law. Specific focus is set on the lawmaking process. The second section deals with EU criminal law and fundamental rights, in particular the protection of personal data and individual privacy. In this section, focus is on the implementation of EU law into national legal orders and the challenges that this process brings with it. The third section maps out specific challenges in transnational police co-operation, in particular, the important issue of sharing of information between law enforcement agencies and its potential impact on the protection of fundamental rights. In the fourth section, focus is shifted toward networks, horizontal agency and multi-level co-operation in a wider sense within the area of freedom, security and justice.
The fifth edition of EU Law: Text, Cases, and Materials provides clear and insightful analysis of European Law accompanied by carefully chosen extracts from a range of materials. This edition looks in detail at the way in which the Treaty of Lisbon has radically changed both the institutional and substantive law of the European Union.
In today's globalized society, an international exchange of ideas and views is indispensable within the field of social sciences, including criminology and criminal justice studies. The research group Governance of Security (GofS) fosters contemporary international discourses on issues of crime and crime control. In 2008, GofS started a research paper series, combining theoretical and empirical articles on issues reflecting the research activities of GofS. This research group is a collaboration between Ghent University and Ghent University College in Belgium. GofS concentrates its research around the study of administrative and judicial policy that have been developed with respect to new issues of crime and insecurity. The GofS series â?? Governance of Security Research Papers (GofS) â?? is published by Maklu Publishing (Belgium). Readings on Criminal Justice, Criminal Law and Policing â?? Volume 2 of GofS's series Governance of Security Research Papers â?? includes the following: Punishment across Borders: The Rationales behind International Execution of Sentences â?¢ Interpreting the Concept of 'Discretionary Power' within the Execution of Sentences: A Comparison between the Belgian and French Situation â?¢ Esperanto for EU Crime Statistics: Towards Common European Offense Definitions in an EU-level Offense Classification System â?¢ Developing a Framework for the Legal Rights of Victims and Witnesses â?¢ What Can European Institutions and the International Criminal Court Learn from Each Other? â?¢ Purpose Limitation in EU-US Data Exchange in Criminal Matters: The Remains of the Day â?¢ Some Criminal Law Reflections on the Sexual Transmission of HIV â?¢ Reading about Crime in Post-Intervention Societies: A Critical Assessment â?¢ Policing and Leadership: The Case of the Belgian Chiefs of the Local Police â?¢ Reflections on the Possible Integration of Intelligence-Led Policing into Community Policing: The Belgian Case â?¢ Reliability and Correlational Validity of Police Interview Competences: Assessing the Stability of the Police Interview Competency Inventory â?¢ The Role of Europol in Joint Investigation Teams: A Foretaste of an Executive European Police Office? â?¢ Checking Aspects of a "Nodal Orientation" for Policing the Port of Antwerp.
Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.
Widerspricht die verstärkte Suche nach Sicherheit in Europa der Bewahrung der Freiheitsrechte? Oder ist es eine philosophisch-gesellschaftliche Notwendigkeit, dass sich die menschlichen Freiheitsrechte gegenwärtig in eine neue Richtung entwickeln? Verdrängt das Interesse an einer freien Gesellschaft die hart errungene Freiheit der Person? Ist die Sicherheit der Gesellschaft ohne individuelle Freiheit überhaupt denkbar? Lassen sich diese Beobachtungen und Überlegungen sogar als eine organische Entwicklung der modernen Gesellschaften verstehen und ist mithin der »europäische Rechtsstaat« bereits auf dem Weg zu einem Sicherheitsstaat? Weist etwa das im Interesse der Freiheit sonst mit höchsten Garantien ausgestattete Strafrecht immer mehr polizeirechtlich-präventive Elemente auf? Ist es schließlich überhaupt möglich, Freiheit, Sicherheit und Recht miteinander in Einklang zu bringen? Mit diesen Fragen setzen sich die Beiträge dieses Bandes auseinander. Sie diskutieren vielschichtig und umfassend das Verhältnis zwischen Sicherheits- und Freiheitsbedürfnis.
The coming into force of the Lisbon Treaty has provided the EU with new powers in the fields of criminal law and security law while reinforcing existing powers in immigration and asylum law. The Stockholm Programme is the latest framework for EU action in the field of justice and home affairs. It includes a range of new legislation in the fields of immigration and asylum, substantive criminal law, criminal procedure and co-operation between national criminal justice systems. The combination of the new treaty and programme have made security and justice key areas of legislative growth in the EU. This volume brings together a range of leading scholars, as well as some of the most interesting new voices in the debate, to examine the state of EU security and justice law after the Lisbon Treaty and the Stockholm Programme. It provides a critical examination of EU law in the fields of immigration, asylum, counter-terrorism, citizenship, fundamental rights and external relations. The book also examines the evolving roles of the EU institutions and criminal justice agencies. It provides a critical account of EU law in this field under the developing constitutional and institutional settlement.
Michael G. Faure,Michael Faure,Gunter Heine,Gand Heine,Günter Heine
Author: Michael G. Faure,Michael Faure,Gunter Heine,Gand Heine,Günter Heine
Publisher: Kluwer Law International B.V.
This provides not only a summary of the criminal prosecution of environmental law in the various countries, but also addresses differences and similarities in practice with respect to environmental criminal law. A critical analysis of the answers is also provided."--Jacket.
This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.
The EU Level Offence Classification System : a Bench-mark for Enhanced International Coherence of the EU's Criminal Policy
Author: Gert Vermeulen,W. De Bondt
Category: Political Science
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.
Edited by Catherine Barnard and Steve Peers, European Union Law draws together a range of perspectives from experienced academics, teachers and practitioners to provide a comprehensive introduction to EU law. Each chapter has been written and updated by an expert in the field to provide students with access to a broad range of ideas while offering a solid foundation in the institutional and substantive law of the EU. Written by experts, designed for students; every chapter ensures a balance of accessible explanation and critical detail. Case studies are included throughout the book to enable students to understand the context and implications of EU law, as well as helping to familiarize them with some of the most significant caselaw in the area. Quotations and examples from key EU legislation and academic sources are also included to help develop an understanding of EU law, while further reading suggestions for each chapter act as a springboard for further study and assessment preparation. This text provides a fresh and modern guide to EU law and is an ideal entry-point for students new to the subject as well as those looking to develop their understanding of EU law. As the process of the UK leaving the EU unfolds, readers can also visit the OUP European Union Law Resource Centre for up-to-date comment, opinion, and updates created by our authors to engage students with the legal and political issues and considerations at play.
In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.