Criminal Justice in the Post-Lisbon Era

2011 ◽  
Vol 13 ◽  
pp. 23-46
Author(s):  
Geert Corstens
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Final Section ◽  
European Convention ◽  
Public Prosecutor ◽  
European Public ◽  
History Of ◽  
Pros And Cons ◽  
The Impact ◽  
The Eu

Abstract Having briefly traced the history of EU criminal law, this chapter first examines the new rules governing the competency of the EU in criminal law matters deriving from the Lisbon Treaty. Europol and Eurojust, the EU institutions that have been created with a view to fighting trans-border crime are examined, and the pros and cons of a possible further institution, the European Public Prosecutor are discussed. A final section examines the impact of the EU Charter, and the need to establish in this area an order of precedence between the EU Charter and the European Convention on Human Rights.

Criminal Justice in the Post-Lisbon Era

2011 ◽  
Vol 13 ◽  
pp. 23-46 ◽  
Author(s):  
Geert Corstens
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Final Section ◽  
European Convention ◽  
Public Prosecutor ◽  
European Public ◽  
History Of ◽  
Pros And Cons ◽  
The Impact ◽  
The Eu

AbstractHaving briefly traced the history of EU criminal law, this chapter first examines the new rules governing the competency of the EU in criminal law matters deriving from the Lisbon Treaty. Europol and Eurojust, the EU institutions that have been created with a view to fighting trans-border crime are examined, and the pros and cons of a possible further institution, the European Public Prosecutor are discussed. A final section examines the impact of the EU Charter, and the need to establish in this area an order of precedence between the EU Charter and the European Convention on Human Rights.

Introductory Note

2018 ◽  
Author(s):  
Guido Raimondi
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
Freedom Of Expression ◽  
European Convention ◽  
European Court ◽  
European Public ◽  
Introductory Note ◽  
Un Security Council ◽  
The Right ◽  
The Eu

This article comments on four important judgments given by the European Court of Human Rights in 2016. Al-Dulimi v. Switzerland addresses the issue of how, in the context of sanctions regimes created by the UN Security Council, European states should reconcile their obligations under the UN Charter with their obligations under the European Convention on Human Rights to respect the fundamentals of European public order. Baka v. Hungary concerns the separation of powers and judicial independence, in particular the need for procedural safeguards to protect judges against unjustified removal from office and to protect their legitimate exercise of freedom of expression. Magyar Helsinki Bizottság v. Hungary is a judgment on the interpretation of the Convention, featuring a review of the “living instrument” approach. Avotiņš v. Latvia addresses the principle of mutual trust within the EU legal order and the right to a fair trial under Article 6 of the Convention.

People-Trafficking: Some Reflections on the EU Legislation, and its Implementation in the UK

2009 ◽  
Vol 11 ◽  
pp. 189-210
Author(s):  
John R Spencer
Keyword(s):  
Criminal Law ◽  
Final Section ◽  
Framework Decision ◽  
Eu Legislation ◽  
The Third ◽  
History Of ◽  
Academic Network ◽  
The Uk ◽  
European Criminal Law ◽  
The Eu

Abstract This chapter examines the efforts in Europe and and the UK to deal with the problem of people-trafficking. As readers will see, it is in five Sections. The first sets the scene by explaining what ‘people-trafficking’ is, and outlining the history of international attempts to repress it and to relieve its human consequences. The second describes the recent legislative attempts to deal with it in Europe, and in particular, the EU Framework Decision of 2002. The third examines the UK legislation enacted with the aim—not entirely accurate, as we shall see—of implementing it. The fourth looks at the way the UK legislation is working. And the final section concludes with two general reflections. It is based on a study carried out in 2007 for ECLAN, the European Criminal Law Academic Network. Any reader who reaches the end with a thirst for further knowledge will find further refreshment in the book that resulted from the ECLAN study, which was published earlier this year.

scholarly journals After the Dust Has Settled: How to Construct the New Accession Agreement After Opinion 2/13 of the CJEU

2017 ◽  
Vol 18 (4) ◽  
pp. 919-968 ◽  
Author(s):  
Przemyslaw Tacik
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Court Of Justice ◽  
Legal Thinking ◽  
Pros And Cons ◽  
Scholarly Attention ◽  
The Eu

Since December 18, 2014, when the Court of Justice of the European Union (CJEU) issued its notorious Opinion 2/13, the conclusions of the Court have been a subject of numerous analyzes and debates—often sharp in their criticism. Now that the content of the Opinion seems fairly elucidated, the scholarly attention should turn towards searching for practical solutions to the CJEU's demands. This Article aims to provide a list of possible solutions to each requirement of the Opinion and assessing their pros and cons. Instead of concentrating on the obstacles posed by the Court, it is incumbent to address the problems with innovative legal thinking and save the project of the EU acceding to the European Convention on Human Rights (ECHR).

People-Trafficking: Some Reflections on the EU Legislation, and its Implementation in the UK

2009 ◽  
Vol 11 ◽  
pp. 189-210
Author(s):  
John R Spencer
Keyword(s):  
Criminal Law ◽  
Final Section ◽  
Framework Decision ◽  
Eu Legislation ◽  
The Third ◽  
History Of ◽  
Academic Network ◽  
The Uk ◽  
European Criminal Law ◽  
The Eu

AbstractThis chapter examines the efforts in Europe and and the UK to deal with the problem of people-trafficking. As readers will see, it is in five Sections. The first sets the scene by explaining what ‘people-trafficking’ is, and outlining the history of international attempts to repress it and to relieve its human consequences. The second describes the recent legislative attempts to deal with it in Europe, and in particular, the EU Framework Decision of 2002. The third examines the UK legislation enacted with the aim—not entirely accurate, as we shall see—of implementing it. The fourth looks at the way the UK legislation is working. And the final section concludes with two general reflections. It is based on a study carried out in 2007 for ECLAN, the European Criminal Law Academic Network. Any reader who reaches the end with a thirst for further knowledge will find further refreshment in the book that resulted from the ECLAN study, which was published earlier this year.

1. Criminal law in context

Criminal Law ◽  
2019 ◽  
pp. 1-31
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Social Contexts ◽  
European Convention ◽  
The Political ◽  
Criminal Process ◽  
Standard Of Proof ◽  
Key Aspects ◽  
The Impact

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This introductory chapter answers the following questions: What is a crime? What purpose or function does the criminal law serve? What reasons are there for the criminalisation of some types of conduct? What are the purposes of punishment? What are the political and social contexts in which criminal law operates? The chapter provides an overview of key aspects of the criminal process, including mode of trial, the decision to prosecute, the burden and standard of proof, the functions of judge and jury, and sentencing. It also examines briefly discusses the impact of the European Convention on Human Rights on English law.

1. Introduction

Criminal Law ◽  
2017 ◽  
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
European Convention ◽  
English Law ◽  
The Law ◽  
The Impact

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This introductory chapter answers the following questions: What is a crime? What purpose or function does the criminal law serve? Why is particular conduct classified as criminal? What are the purposes of punishment? It also examines briefly discusses the impact of the European Convention on Human Rights on English law.

The EU’s engagement with the Council of Europe and the OSCE on human rights

2020 ◽  
pp. 190-209
Author(s):  
Jakub Jaraczewski ◽  
Wladyslaw Jóźwicki ◽  
Zdzislaw Kędzia
Keyword(s):  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Personality ◽  
Challenges And Opportunities ◽  
History Of ◽  
Decision Making Processes ◽  
The Relationship ◽  
The Eu

The chapter outlines the relationship between the European Union (EU) and two other regional organisations active in the field of human rights in Europe: the Council of Europe and the Organisation for Security and Cooperation in Europe (OSCE). Due to the specific nature of these organisations and the history of their interaction with the EU, specific modalities and dynamics have developed in both bilateral engagements, which the chapter attempts at characterising. When it comes to the EU’s engagement with the Council of Europe, the chapter outlines the special status of the European Convention of Human Rights in the EU legal system as well as the EU’s complicated history of and current attempts to accede to the Convention. The chapter also shows political interactions between the two organisations on different, mostly political, fora as well their common endeavours in the field of human rights, especially within the frames of the so-called Joint Programmes. Regarding the relationship between the EU and the OSCE, the chapter explores the modalities of the EU’s presence within the OSCE and the impact of the OSCE’s unique traits, such as its lack of legal personality and the requirement of unanimous agreement in all decision-making processes. Challenges and opportunities within both engagements are presented with a view towards highlighting the actions the EU could undertake in order to improve cooperation and strengthen its impact in the field, leading to better protection and promotion of human rights, democracy, and the rule of law in Europe.

Incompatible Contrasts? — Preventive Detention in Germany and the European Convention on Human Rights

2010 ◽  
Vol 11 (9) ◽  
pp. 1046-1066 ◽  
Author(s):  
Grischa Merkel
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Present Situation ◽  
Criminal Code ◽  
Preventive Detention ◽  
European Convention ◽  
Legal Problems ◽  
European Court ◽  
Public Pressure ◽  
History Of

AbstractThis article will give an overview of the idea and history of origins of preventive detention and the legal changes in the German Criminal Code that underlie the decision of the European Court of Human Rights (ECHR) (17 December 2009). It will attempt an outlook by considering the prospective outcome of future law suits against German legal statutes relating to preventive detention, and will also describe the present situation and current legal recommendations, including the much-discussed alternative of detention in psychiatric wards. The article will close with a brief comparative look at the related legal problems arising in countries with a criminal law which is based on the establishment of personal guilt of the offender while facing public pressure to detain persons for protective reasons.

scholarly journals Prospects and problems for European legal cooperation concerning prisoners

2018 ◽  
Vol 10 (2) ◽  
pp. 136-159
Author(s):  
Gerard Conway
Keyword(s):  
European Union ◽  
Human Rights ◽  
Criminal Law ◽  
European Convention ◽  
Soft Law ◽  
European Level ◽  
Council Of Europe ◽  
European Cooperation ◽  
Minimum Standards ◽  
The Eu

Formal legal cooperation in matters relating to prisoners has existed at European level for over 50 years. With the development of an European Union (EU) competence in criminal law from the Treaty of Maastricht 1992 onwards, now both the Council of Europe and the EU have adopted legal instruments in this sphere. This paper analsyses the scope and rationale of transnational European cooperation relating to prisoners. It first outlines Council of Europe instruments, including the relevance of the European Convention of Human Rights, conventions specifically on prisoners, and soft law. It then examines the more recent EU instruments, following which the relevance of constitutional principles and the prospects and potential difficulties of European cooperation are analysed. It concludes that cooperation can best succeed through a specification of minimum standards and greater coordination between Council of Europe and EU action, along with greater recognition of its specifically penal context.

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