Towards an Integrated European Criminal Law

2005 ◽  
Vol 7 ◽  
pp. 17-31
Author(s):  
Mireille Delmas-Marty
Keyword(s):  
Criminal Justice ◽  
Internal Consistency ◽  
Criminal Law ◽  
Transnational Crime ◽  
Fundamental Rights ◽  
Criminal Justice Policy ◽  
Legal Systems ◽  
The Creation ◽  
European Criminal Law ◽  
Legal Integration

The creation of an economically integrated Europe, based on free circulation across open borders, has probably facilitated an increase in transnational crime. One response to this phenomenon has been to try to create an integrated European criminal law. But legal integration will not magically solve all the problems related to transnational crime. Indeed, it may create problems of its own. By favouring efficiency (that is, repression) over legitimacy (the protection of fundamental rights), it favours a criminal justice policy oriented towards ‘security’. By imposing the same rules throughout Europe, it disturbs the internal consistency of national legal systems. Nevertheless, the phenomenon of legal integration, facilitated by new legal instruments such as framework decisions, continues to develop. We might therefore ask ourselves, as an introduction, why this is so.

Towards an Integrated European Criminal Law

2005 ◽  
Vol 7 ◽  
pp. 17-31
Author(s):  
Mireille Delmas-Marty
Keyword(s):  
Criminal Justice ◽  
Internal Consistency ◽  
Criminal Law ◽  
Transnational Crime ◽  
Fundamental Rights ◽  
Criminal Justice Policy ◽  
Legal Systems ◽  
The Creation ◽  
European Criminal Law ◽  
Legal Integration

The creation of an economically integrated Europe, based on free circulation across open borders, has probably facilitated an increase in transnational crime. One response to this phenomenon has been to try to create an integrated European criminal law. But legal integration will not magically solve all the problems related to transnational crime. Indeed, it may create problems of its own. By favouring efficiency (that is, repression) over legitimacy (the protection of fundamental rights), it favours a criminal justice policy oriented towards ‘security’. By imposing the same rules throughout Europe, it disturbs the internal consistency of national legal systems. Nevertheless, the phenomenon of legal integration, facilitated by new legal instruments such as framework decisions, continues to develop. We might therefore ask ourselves, as an introduction, why this is so.

scholarly journals European Criminal Law and the Dangerous Citizen

2018 ◽  
Vol 25 (6) ◽  
pp. 733-751
Author(s):  
Valsamis Mitsilegas
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Fundamental Rights ◽  
Security Threats ◽  
Temporal Shift ◽  
Global Trend ◽  
Terrorist Acts ◽  
The Impact ◽  
European Criminal Law ◽  
The Eu

This article will examine the impact of the Europeanization of punishment, and of criminal justice in general, on the focus of criminal law on dangerousness and on dangerous citizens, rather than on harm and facts. It argues that the EU criminal law is part of a growing global trend pushing towards preventive criminal justice, namely the exercise of state power in order to prevent future acts that are deemed to constitute security threats, which at EU level is problematic in terms of fundamental rights and citizenship rights. The article argues EU criminal law is contributing to three main shifts: a shift from an investigation of acts that have taken place due to an emphasis on suspicion, a shift from targeted action to generalized surveillance, or, underpinning both, a temporal shift from the past to the future. It develops this argument looking at administrative terrorist sanctions, criminalization of terrorist acts, mass surveillance and expulsion of convicted criminals.

Criminal Justice under Shari'ah in the 21st Century—An Inter-Cultural View

2009 ◽  
Vol 23 (4) ◽  
pp. 417-436 ◽  
Author(s):  
Mohammad Hedayati-Kakhki ◽  
Michael Bohlander
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
21St Century ◽  
Criminal Law ◽  
Modern Society ◽  
Legal Issues ◽  
Decision Making Process ◽  
Legal Systems ◽  
The Creation ◽  
The Law

AbstractThis paper tries to analyse some of the basic issues arising in the conversation between legal systems based on Shari'ah and those based on secular traditions, as well as the efforts of the law-makers in the former to adapt to changed expectations in modern society. The argument focuses on the area of criminal law and highlights concepts such as hudud crimes, apostasy and al-diyah. The authors advocate an increased dialogue and ultimately the creation of a Centre of Global Ijmā' as a forum in which Islamic and other legal scholars could meet to discuss their respective approaches to legal issues of global interest in order to avoid unnecessary ideological clashes and to provide a base for global policymakers to draw upon in their decision-making process.

scholarly journals An order of crime the criminal law of the Independent State of Croatia (NDH) 1941-1945

Balcanica ◽  
2017 ◽  
pp. 289-342
Author(s):  
Igor Vukovic
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Concentration Camps ◽  
Independent State ◽  
The Creation ◽  
Legal Character ◽  
Kingdom Of Yugoslavia ◽  
Collective Punishment

The system of criminal law norms passed in the so-called Independent State of Croatia (NDH) from its inception in 1941 was aimed at creating and maintaining an atmosphere of terror implemented by the Ustasha government. Although the framework of substantive and procedural rules of the Kingdom of Yugoslavia was formally retained, immediately after the establishment of the NDH regulations introducing many new crimes punishable by death were enacted. Defining the ?honour and vital interests of the Croatian people? as an appropriate object of criminal law protection enabled the creation of a regime of legalized repression against non-Croat populations, with an extensive jurisdiction of martial criminal justice. In addition to abuse of the court martial mechanism, the criminal character of government was also manifested in the wide application of administrative and punitive measures of sending to concentration camps as well as collective punishment. In line with Radbruch?s thought, the author denies the legal character of the system of criminal law formally established in the territory of the NDH in the circumstances of genocide.

Legal challenges in bringing AI evidence to the criminal courtroom

2021 ◽  
pp. 203228442110570
Author(s):  
Katherine Quezada-Tavárez ◽  
Plixavra Vogiatzoglou ◽  
Sofie Royer
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Case Law ◽  
Fair Trial ◽  
Criminal Proceedings ◽  
Legal Challenges ◽  
Criminal Courtroom ◽  
European Criminal Law ◽  
Applications Of Ai

Artificial Intelligence (AI) is rapidly transforming the criminal justice system. One of the promising applications of AI in this field is the gathering and processing of evidence to investigate and prosecute crime. Despite its great potential, AI evidence also generates novel challenges to the requirements in the European criminal law landscape. This study aims to contribute to the burgeoning body of work on AI in criminal justice, elaborating upon an issue that has not received sufficient attention: the challenges triggered by AI evidence in criminal proceedings. The analysis is based on the norms and standards for evidence and fair trial, which are fleshed out in a large amount of European case law. Through the lens of AI evidence, this contribution aims to reflect on these issues and offer new perspectives, providing recommendations that would help address the identified concerns and ensure that the fair trial standards are effectively respected in the criminal courtroom.

Concluding Comments

2020 ◽  
pp. 339-346
Author(s):  
Jacqueline S. Hodgson
Keyword(s):  
Criminal Justice ◽  
Public Sector ◽  
Criminal Law ◽  
Fair Trial ◽  
Criminal Justice Policy ◽  
Terrorist Threat ◽  
Political Values ◽  
England And Wales ◽  
The Core ◽  
Criminal Justice Systems

Centering on the criminal justice systems of England and Wales and France, this book has analyzed recent changes in criminal justice policy trends and process values as they have played out across the core functions of prosecution and defense, as well as how systems malfunction and seek to correct themselves in different ways. Both jurisdictions face common challenges, such as the changing terrorist threat, the constraints of public sector austerity, and the need to adapt to pan-European measures and standards of fair trial. The ways in which, through their criminal law and procedure, they resist, respond, or adapt to these challenges illuminate the legal and political values that motivate criminal justice in each jurisdiction. This in turn invites reflection on the nature and significance of the two contrasting procedural traditions within which they understand themselves to be located....

The European Integrated Criminal Justice System and its Constitutional Framework

2005 ◽  
Vol 12 (2) ◽  
pp. 125-147 ◽  
Author(s):  
Joachim Vogel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
European Integration ◽  
Criminal Law ◽  
Justice System ◽  
Legal Systems ◽  
Member States ◽  
Criminal Justice Systems ◽  
Financial Interests ◽  
Justice Systems

This article discusses the concept of the integrated European criminal justice system and its constitutional framework (as it stands now and as laid down in the Treaty Establishing a Constitution for Europe signed in Rome on 29 October 2004). It argues that European integration does not stop short of criminal justice. Integration does not mean that Member States and their legal systems, including their criminal justice systems, are being abolished or centralised or unified. Rather, they are being integrated through co-operation, co-ordination and harmonisation; centralisation, respectively unification, is a means of integration only in specific sectors such as the protection of the European Communities' financial interests. The article further argues that the integrated European criminal justice system is in need of a constitutional framework. The present framework suffers from major deficiencies. However, the Treaty establishing a Constitution for Europe will introduce a far better, all in all satisfactory, ‘criminal law constitution’.

Cognitive Aspects of Criminal Justice Policy

2019 ◽  
Vol 9 (5) ◽  
pp. 1798
Author(s):  
Andrejs VILKS ◽  
Aldona KIPĀNE
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Legal System ◽  
Justice System ◽  
Criminal Policy ◽  
Criminal Justice Policy ◽  
Institution Type ◽  
Legal Literature ◽  
National Legal System ◽  
Insight Into

The relevance of this article is that the criminal justice policy has not been given enough attention and is rarely mentioned in legal literature. The purpose of this article is to analyze the cognitive aspects of criminal justice policy. The article provides an insight into criminal justice policy in the area of crime prevention and combating. In the article the analysis of legal and criminal policy concepts are described, analyzing their nature. Criminal law policy is viewed, considering the requirements of international legal acts as well. Criminal law policy is also outlined as one of the instruments for solution of social problems. As to its nature, it is the activity of a special state and municipal institution type directed at strengthening of national legal system. This research will be readable for lawyers, judges and other people who is interesting in criminal justice system and its aspects.

Crime and Punishment

2019 ◽  
pp. 73-106
Author(s):  
Anna Ross
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
State Building ◽  
The Political ◽  
Easy Task ◽  
Reform Agenda ◽  
Crime And Punishment ◽  
The Creation ◽  
Procedural Reform

This chapter sets out to chart the reforms to criminal and penal affairs undertaken in Prussia in the 1850s. Both Manteuffel and the Justice Minister Ludwig Simons believed that revolutionary unrest could be countered by completing unattended work from the Vormärz era pertaining to criminal justice. But realizing a reform agenda was no easy task. On the political extremes it elicited opposition, especially in the symbolically charged terrain of substantive criminal law. To avoid such complications, both ministers worked hard to shift debate to the realm of procedural reform in the 1850s, creating a surprising and largely integrating space for state-building. In doing so, the post-revolutionary ministries pursued reform without slipping into parochialism. That is, they did not permanently close avenues for the creation of a set of unified national codes to regulate criminal and penal affairs.

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