1 edition of Substantive criminal law of the European Union found in the catalog.
Substantive criminal law of the European Union
Includes bibliographical references.
|Other titles||Substantive criminal law of the EU|
|Statement||André Klip (ed.).|
|Contributions||Universiteit Maastricht, Koninklijke Nederlandse Akademie van Wetenschappen, Hague Institute for the Internationalisation of Law|
|LC Classifications||KJE7974.95 .S83 2011|
|The Physical Object|
|Pagination||253 p. ;|
|Number of Pages||253|
|LC Control Number||2012367698|
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 Should the penalty threshold applicable to the specific case two years or that laid down in the law at the precise moment the EAW was issued three years apply? 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. How can European Union law be invoked by an accused standing trial in a national criminal proceeding?
It argues that in this respect, the recent post-Lisbon tendencies in the policy of the EU-institutions and the case-law of the ECJ can be analysed as a balancing act between the importance of efficient criminal prosecution of transnational crimes on the one hand, and fears of deterioration of national sovereignty and legal diversity between the member states on the other hand. Online resources The book is accompanied by online resources which include: -an online chapter on the common commercial policy -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. 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? The harmonisation of environmental criminal law requires a competent institutional framework able to convey the need for criminalisation of environmental harm while not overriding national aspirations to sovereignty in criminal matters.
However, an amendment to the Spanish Criminal Code made in increased the maximum custodial sentence for that offence to three years. This is also not the objective of the monograph. Additional useful detail is captured in footnotes, while directed further reading lists provide support for independent study and research. He fled to Belgium after being sentenced, and the Spanish authorities issued a European Arrest Warrant to have him extradited back to Spain. 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.
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Search for:. The monograph thus really is a must read for EU criminal law academic scholars and policy makers wanting to get more insight in the principles and policies underpinning EU criminal law and for lawyers specialised in EU criminal law looking for inspiration for new innovative legal arguments.
Since then, it is the area where the most initiatives have been introduced.
It argues that EU competence in this field can be justified in a twofold manner. On the other hand, it can also be justified to ensure the effectiveness of legislation in other fields of EU law functional criminalisation.
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. 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 It discusses the distinct genesis of these two axes of justification of EU competence in the field of substantive criminal law, which is reflected in the two separate treaty bases in the Lisbon treaty: Article 83 1 TFEU for securitised criminalisation and Article 83 2 TFEU for functional criminalisation.
How can European Union law be invoked by an accused standing trial in a national criminal proceeding? This monograph examines the impact of the entry into force of the Treaty of Lisbon on EU criminal law.
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. John Spencer Cambridge University in CMLRon 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.
The harmonisation of environmental criminal law requires a competent institutional framework able to convey the need for criminalisation of environmental harm while not overriding national aspirations to sovereignty in criminal matters. It is to this book, I suspect, that both lawyers and policy-makers will increasingly refer when confronted by some new issue.
This discussion takes place in the light of the current legal situation and the future developments of the establishment of the European Prosecutor's Office. Also the principle of the rule of law and the protection of human rights have become important objectives of EU criminal law, although some challenges remain.
However, precisely that unconventional structure and selection of case-law and provisions of criminal law makes this monograph all the more interesting for scholars and lawyers specialised in EU criminal law and EU criminal law policy makers.
The seventh chapter examines the place of the victim in the EU area of criminal justice. The sixth chapter analyses the post-Lisbon EU-competence to impose minimum harmonisation of procedural criminal law.
Online resources The book is accompanied by online resources which include: -an online chapter on the common commercial policy -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.
By focussing 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. 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 chapter furthermore also analyses the impact that EU substantive criminal law can have on national criminal law. 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. On the one hand, EU intervention in substantive criminal law can be justified to address perceived security treats with a transnational dimension securitised criminalisation.
The first theorem states that in recent years, cooperation in criminal matters is no longer limited to mutual recognition, but is increasingly also a matter of harmonisation and interdependence. Article 4 TFEU that allows the EU to take measures in the field of the prevention of and fight against fraud affecting the financial interests of the Union.
The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners. Secondly, the chapter treats the reception of these freezing measures targeting the assets of terrorists and terrorist organisations in the European Union legal order, which resulted into the Kadi case-law of the ECJ.
Member States' territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations.Part I - Substantive Criminal Law in a European Criminal Justice System 9 On Substantive Criminal Law of the European Union 11 Viviane Reding Towards a General Part of Criminal Law for the European Union 15 Andre Klip Towards a European Public Prosecutor's Office: the Long and Winding Road 35 Jorge Angel Espina Ramos.
Edited by Catherine Barnard and Steve Peers, this new EU law textbook draws together a range of perspectives from experienced academics, teachers and practitioners from a number of jurisdictions to provide a comprehensive introduction to EU law.
Each chapter has been written by an expert inthe field to provide you with access to a broad range of ideas while offering a solid foundation in the. This publication contains a selection of texts that are relevant in the field of European criminal law. It includes instruments adopted by the EU Institutions concerning cooperation in criminal matters (including on mutual recognition of judicial decisions), instruments concerning substantive criminal law, extracts from the Treaties, and agreements between the EU and third countries, such.
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 4/5(1). 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 3/5.
As the development of the substantive European criminal law can be divided into two subsequent phases, the main content of the essay covers two parts.
The first phase lasted till the entering into force of the Treaty of Lisbon and was based, generally, on the article 31 of the Treaty on the European Union [TEU].