scholarly journals The journey of EU criminal law on the ship of fools – what are the implications for supranational governance of EU criminal justice agencies?

2021 ◽  
Vol 28 (2) ◽  
pp. 192-211
Author(s):  
Christopher Harding ◽  
Jacob Öberg
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Criminal Policy ◽  
Public Prosecutor ◽  
Working Hypothesis ◽  
Law And Policy ◽  
European Public

This article addresses supranational governance of EU criminal justice agencies from the perspective of the various agencies of policy and rulemaking who have contributed to the impressive developments in the field of EU criminal law. Taking as a working hypothesis the happenstance and haphazard character of this field of policy and law, it suggests that there is an absence of design. In the discussion the article proposes the Platonic analogy of the ‘ship of fools’ (Plato, Republic, Book VI) as an explanatory tool. The ship's captain is the guiding spirit of criminal law, but the crew of the ship, who have the power to take control, have diverse interests and ideas about how the ship should be taken to sea and navigated. The article addresses thematically and chronologically the development of EU criminal policy by means of this framework. Subsequently it discusses the extent to which the ‘ship of fools’ analogy is relevant to the development of EU criminal justice agencies, and to the emergence of a European Public Prosecutor. Underlying all this discussion is the uneasy sense that the true pilot of EU criminal law and policy has been displaced, in particular by ‘instrumental’ pilots of securitisation and effectiveness.

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.

scholarly journals The European Public Prosecutor: Quintessential supranational criminal law?

2021 ◽  
Vol 28 (2) ◽  
pp. 164-181
Author(s):  
Jacob Öberg
Keyword(s):  
Criminal Law ◽  
Basic Assumption ◽  
Vertical Structure ◽  
Public Prosecutor ◽  
Member States ◽  
Strategic Direction ◽  
European Public ◽  
Operational Activities

This article critically examines the extent to which the European Public Prosecutor’s Office can be claimed to constitute a prime example of supranational criminal law. The article observes that among policymakers and commentators, the Office appears to be a hallmark of the transformation of EU criminal law from an intergovernmental paradigm to a strong federal and supranational polity. The article discusses the scope, nature and limits to the powers of the European Public Prosecutor’s Office, as well as its operating structure in light of Article 86 TFEU and the recently adopted EPPO Regulation. It departs from the basic assumption that the EPPO stands in the midst of supranationalism and intergovernmentalism. Whilst the EPPO is envisaged to be independent of the Member States, the Office’s complicated, multifaceted and vertical structure means that Member States are able to direct, to some extent, its activities. The article argues, however, that a general assessment of the Office’s operational and strategic direction (where its operational activities are managed and supervised by centralized ‘European’ prosecutors), and the type (direct criminal enforcement powers) of powers it has makes it distinctive as the most ‘integrated’ and ‘supranational’ EU agency.

scholarly journals Guest editorial: EU agencies in transnational criminal enforcement: From a coordinated approach to an integrated EU criminal justice

2021 ◽  
Vol 28 (2) ◽  
pp. 155-163
Author(s):  
Jacob Öberg
Keyword(s):  
Criminal Justice ◽  
Guest Editorial ◽  
Criminal Policy ◽  
Epistemic Communities ◽  
Special Issue ◽  
Critical Question ◽  
European Public ◽  
Institutional Foundations ◽  
The Eu

The articles in this special issue consider the institutional foundations of the Union’s criminal policy – a highly critical question for the future development of the Area of Freedom, Security and Justice. The ratification of the Lisbon Treaty and the subsequent legal and political developments have entailed an unprecedented reinforcement of the powers of the EU’s criminal justice agencies Europol, Eurojust and, recently, the establishment of a novel criminal justice body – the European Public Prosecutor’s Office. On the basis of the Treaty mandate, the EU legislator has adopted important reforms such as the EPPO Regulation, and new Europol and Eurojust regulations. In light of these developments, this special issue explores via a multi-disciplinary investigation the extent to which the increased competences of the EU and the stronger presence of EU criminal justice agencies have transformed EU criminal law from an ‘intergovernmental’ regime to a ‘supranational’ and ‘integrated’ framework. We expect that this special issue will enhance further debate on EU criminal justice agencies, encourage novel paths to bridge the boundaries between disciplinary epistemic communities in the study of EU criminal justice and more broadly contribute to an advanced understanding of the role of law in social and political integration.

scholarly journals Contagion, counterterrorism and criminology: The Case of France

2018 ◽  
Vol 18 (5) ◽  
pp. 568-584 ◽  
Author(s):  
Claire Hamilton ◽  
Giulia Berlusconi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Security Risk ◽  
Law And Policy ◽  
Preventive Justice ◽  
The Subject ◽  
Procedural Values ◽  
The Impact

In the burgeoning criminological literature on security, risk and preventive justice which has followed the 9/11 attacks on the Twin Towers, ‘contagion’ or the deleterious effect of counterterrorist policies on the ordinary criminal law has been the subject of some discussion, mostly in the context of the threat which such ‘exceptional’ policies pose to mainstream procedural values. This article seeks to build on this literature through an examination of the impact of post 9/11 counterterrorism law and policy on the ordinary criminal justice system in France. Given the extent to which counterterrorist law now encroaches on various aspects of French criminal law, the argument is made for greater criminological attention to be paid to the ‘trickle-down’ effect of extraordinary law on the ordinary business of the criminal justice system.

scholarly journals Multilayered criminal policy: The Finnish experience regarding the development of Europeanized criminal justice

2020 ◽  
Vol 11 (1) ◽  
pp. 7-19
Author(s):  
Raimo Lahti
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Culture ◽  
Point Of View ◽  
Law Reform ◽  
Eu Law ◽  
Procedural Law ◽  
Sanction Policy ◽  
European Criminal Law

The article examines the development towards a multilayered criminal policy in Europe on the basis of the Finnish experience. Three basic trends are noticeable from that point of view: Scandinavization of Finnish criminal and sanction policy; the influence of human and basic rights on the Finnish legal culture and criminal procedural law; and the effects of constitutional, human rights and EU law obligations on the Finnish criminal law reform. In addition, the challenges arising from Europeanization and internationalization of criminal law and criminal justice are analysed. In the concluding remarks, Finnish and Scandinavian criticism is expressed in relation to the unification of European criminal law, in favour of ‘united in diversity’.

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.

scholarly journals The notion and basic principles of restorative justice

Temida ◽  
2007 ◽  
Vol 10 (1) ◽  
pp. 25-35 ◽  
Author(s):  
Sanja Copic
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Policy ◽  
Basic Principles ◽  
Low Level ◽  
Is Development

One of the most important achievements of the contemporary criminal justice system and criminal policy is development of the concept of restorative justice. Contemporary concept of restorative justice was developed in 1970s on the basis of the criticism of the traditional criminal law and criminal justice system. Since that time, it has been developing through different programs in many countries. Reform of the criminal justice system in Serbia staring from 2002 went into direction of entering elements of restorative justice into existing criminal justice system. In that sense, development of restorative justice is still at the beginning in our country. However, it can be noticed that there is a low level of awareness on the nature and importance of restorative forms of response to crime among our professionals, as well as a lack of understanding of the concept itself. Due to that, the aim of the paper is to enable better understanding of restorative concept in general through defining restorative justice and basic principles it relies on. That may put a basis for further recognition of restorative elements in our criminal justice system, which may provide adequate implementation of relevant provisions of restorative character in practice. .

scholarly journals ANALYSIS OF NOTARY HONORARY COUNCIL CONSENT AS GROUNDS OF IMPUNITY (STRAFUITSLAUTINGSGRONDEN) AGAINST REVELATION OF SECRETS

2017 ◽  
Vol 6 (3) ◽  
pp. 570
Author(s):  
Gaza Carumna Iskadrenda ◽  
Anggita Mustika Dewi
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Research Result ◽  
Secondary Data ◽  
Criminal Code ◽  
Public Prosecutor ◽  
The Public ◽  
Positive Law ◽  
Justice Process ◽  
Criminal Justice Process

<p><em>Article 66 paragraph (1) Act Number 2 of 2014 essentially regulates the consent of the Notary Honorary Council in the criminal justice process. The provisions in the a quo article have been still being applied and become a positive law in Indonesia. One of the criminal justice process in the notarial field relates to the criminal act of revelation of secrets as regulated in Article number 322 paragraph (1) of the Criminal Code. The consent given by the Notary Honorary Council as outlined above can certainly be viewed in the context of criminal law.</em></p><p><em><em>The research is a normative legal research using secondary data of both primary legal materials and secondary legal materials. The data collecting technique used is documentary study with written materials as the data collection tool to be analyzed qualitatively using content analysis.</em></em></p><p><em><em>The research result showed that in the context of criminal law, basically a notary who provides a copy of the deed and/or documents attached to the minuta deed or notarial protocol in the notarial archives for the purpose of the investigator, the public prosecutor or the judge has committed a criminal act of revelation of secrets as stipulated in Article number 322 paragraph (1) of the Criminal Code. However, the notary is not necessarily criminally liable considering the consent of the Notary Honorary Council as the grounds of impunity.</em></em></p><p><em><br /></em></p><p><em><strong><em>Keywords</em></strong><em>: Notary Honorary Council consent, grounds of impunity, criminal act of revelation of secrets.</em></em></p>

Sign in / Sign up

Export Citation Format

Share Document